Unlicensed Assistants Dos and Don’ts
When utilizing the services of an unlicensed assistant, a broker (or a salesperson) should ensure that the
assistant’s activities never cross the line into what could be considered licensed activity. Common activities
that are acceptable and those to be avoided are as follows:
• Open Houses: With the principal’s consent, unlicensed assistants may assist licensees at an open
house intended for the public by placing signs, greeting the public, or handing out preprinted materials
prepared or reviewed by the licensee. Only a licensee may show or exhibit the property, discuss
terms and conditions of a possible sale, or engage in any other conduct which could be
considered solicitation with respect to the property.
• Comparative Market Analysis: Unlicensed assistants may prepare a comparative market analysis.
The comparative market analysis must be approved by and is for use with a client solely by the
licensee.
• Arranging Appointments: Unlicensed assistants may make or schedule appointments for licensees to
meet with a principal or party to the transaction, and as directed by the licensee may arrange for and
order reports and services from a third party in connection with a transaction (such as a pest control
inspection or a credit check and report).
• Access to Property: With the principal’s consent, unlicensed assistants may provide access to the
property for inspections or repairs. Information about the real property that is needed by the person
making the inspection or repair must be provided by the licensee, unless it comes from pre-printed
material prepared by the licensee.
• Preparation of Advertising for Review: Unlicensed assistants may prepare and design advertising
relating to a transaction if the advertising is reviewed and approved by the licensee prior to its
publication.
• Preparation of Documents for Review: Unlicensed assistants may prepare and complete documents
if the final documents will be reviewed or approved by the licensee before being delivered to a
principal or party to the transaction.
• Delivery & Signing Documents: Unlicensed assistants may deliver or pick up documents related to a
transaction (including obtaining signatures) if they do not discuss the content or significance of the
documents with a principal or party to the transaction.
• Document Review: Unlicensed assistants may review transaction documents for completeness or
compliance, if the final determination as to completeness or compliance is made by the licensee.
• Cold Contacting of Potential Prospects: Generally cold calls are intended to prospect for new
business. While an unlicensed assistant is not prohibited from making such calls, if the person
contacted indicates that they are interested in using the services of a broker, or wants more
information about what services a broker can provide, that person must be referred to a licensee for
further discussion. At no time may an unlicensed assistant attempt to induce the person being
called to use a broker’s services.
Copyright©, 2018 California Association of REALTORS®. May 8, 2018 (revised).