Licensed & Unlicensed Assistants

Licensed and Unlicensed Personal Assistant Do's & Don'ts

Tennessee Real Estate Commission - Policy Statement Number 93-CPS-001

An unlicensed employee, assistant, or secretary MAY:
1. Answer the phone, forward calls, and give information contained only on the listing agreement as limited by the broker.
2. Fill out and submit listings and changes to any multiple listing service.
3. Follow up on loan commitments after a contract has been negotiated and generally secure status reports on the loan progress.
4. Assemble documents for closing.
5. Secure public information from courthouses, utility districts, etc.
6. Have keys made for company listings.
7. Place ads, which have been approved by the Principal Broker.
8. Receive, record, and deposit earnest money, security deposits, and advance rents under the direct supervision of Principal Broker.
9. Type contract forms for approval by licensee and Principal Broker.
10. Monitor licensees and personnel files.
11. Calculate, print or distribute commission checks.
12. Place signs on property.
13. Order repairs as directed by the licensee.
14. Prepare for distribution flyers and promotional information for approval by the Principal Broker.
15. Deliver documents and pick up keys.
16. Place routine telephone calls on late rent payments.
17. Gather information for a comparative marketing analysis (CMA).
18. Unlock property under the direction of a licensee.
19. Disclose the current sales status of a listed property.

An unlicensed employee, assistant, or secretary MAY NOT:
1. Make cold calls by telephone or in person to potential clients.
2. Show properties for sale and/or lease to prospective purchasers.
3. Host open houses, home shows booths or fairs.
4. Discuss or explain listings, offers, contracts, or other similar matters with persons outside the firm.
5. Negotiate any terms of a real estate transaction.
6. Negotiate or agree to any commission split or referral fee on behalf of a licensee.
7. Be paid any compensation, which is dependent upon, or directly related to, a real estate transaction.

May I pay an unlicensed assistant?
Unlicensed assistants can be paid by the licensee for all clerical and secretarial activities conducted on behalf of the licensee. An unlicensed assistant cannot be compensated for the performance of duties that require a license.

I have a licensed assistant. How can I pay them for activities that require a license?
A person engaged in activities that require a license must have a valid active license and be affiliated with a licensed real estate firm. Compensation received for activities that require a license must be paid by the licensed real estate firm where the assistant is affiliated.