Laws governing assistants

Although some agents have unlicensed clerical help, there is a tremendous demand for licensed assistants. And rightfully so. Texas Real Estate Commission rules limit the tasks that unlicensed assistants are allowed to perform.

Legal issues have forced agents to be extremely careful of information given by their assistants to buyers and sellers. For example, Real Estate Commission Rule 535.1(f) and 535.15(e) & (f) make it clear that all solicitation work must be conducted by licensees. Rules 535.1(f) and 535.15(d) make clear that only licensed agents are allowed to show properties. On the other hand, Rule 535.15(h) allows a broker to hire an unlicensed person to serve as a "hostess, attendant or custodian" at homes offered for sale by the broker.

Rule 535.15(g) provides that answering the telephone and acts of a secretarial nature do not require licensure. Rule 535.15(f) states that a clerical employee need not be licensed so long as he does not engage in solicitation and does not hold himself out as an agent. Further, Rule 535.13(d) states than an unlicensed clerical or secretarial employee, identified to callers as such, may confirm information concerning the size, price, and terms of property advertised.

Additionally, the unlicensed assistant should not give information about properties other than that inquired about, and should refer any requests for information regarding other properties to a licensed agent. Many other secretarial duties can be safely performed, such as inputting data into a computer or typing contracts, but only as specifically directed by a licensee.

For these reasons, licensees need to properly manage and
advise their assistants of specific job duties. Of course, with a licensed assistant, the agent doesn't have to be as careful as
he does with clerical help. For more information on the use of
unlicensed assistants in real estate, see the article on the
Texas Real Estate Commission's Web site at www.trec.state.tx.us/pdf/articles/trec/TREC_002.pdf (note: you
must have Adobe Acrobat to view this document).

Buyers & sellers, visit www.texasrealestate.com.
REALTORS®, visit www.tar.org.