Assistant Do's and Don'ts

What Can an Unlicensed Admin Do within the Listing Service?

MIBOR staff receives numerous questions on what assistants can do whether licensed or unlicensed.  Indiana license law, in 876 IAC 8-1-7, does list the prohibited activities of unlicensed assistants but leaves us all wondering what they CAN do as well as what is considered an unlicensed assistant.
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Unlicensed assistants CANNOT perform any of the following:

1. Prepare promotional materials or advertisements without the review and approval of the
supervising broker.

2. Show real property.

3. Answer questions about listings other than those concerning list price, address, property
features, or geographic directions.

4. Discuss or explain a contract, listing, lease, agreement, or other real estate document with any
person outside the broker's broker company.

5. Conduct open houses.

6. Conduct telemarketing or telephone canvassing to schedule appointments in order to seek
listings.

7. Negotiate or agree to any commission, commission split, management fee, or referral fee on
behalf of a broker.

What CAN an unlicensed assistant do? Here is a list of some of things that they can do that does not
appear to conflict with license law:

1. Answer the phone, forward calls to a licensee, give out property features, addresses, directions
and list price.

2. Submit listings and changes to a BLC.

3. Assemble documents for closings.

4. Monitor licenses and personnel files.

5. Attend open houses with the licensee.

6. Place and collect signs on property.

7. Compute commission checks.

8. Order items as directed by the licensee.

9. Type (not draft) contract forms for approval by the licensee and supervising broker.

10. Record deposits and advance rents.

If your assistant holds a real estate license in either inactive or referral status they are considered unlicensed and can only perform acts allowed of unlicensed assistants.
Remember, you can be held responsible by the Real Estate Commission for allowing an unlicensed assistant to practice real estate so be sure you are communicating responsibilities and duties to your assistant that are not contrary to law.

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