Real Estate · State License Law and Commission

Under most state license laws, can an unlicensed assistant perform activities that require a real estate license, such as negotiating contract terms or showing property and discussing its features to make a sale?

Correct answer

No — unlicensed assistants may perform only ministerial/administrative tasks (clerical work, scheduling, basic factual information); activities requiring a license (negotiating, soliciting, advising on terms, performing the core brokerage services) must be done by a licensee

  1. A Only on weekends
  2. B No — unlicensed assistants may perform only ministerial/administrative tasks (clerical work, scheduling, basic factual information); activities requiring a license (negotiating, soliciting, advising on terms, performing the core brokerage services) must be done by a licensee
  3. C Yes, anything the broker allows
  4. D Yes, if supervised remotely

Why this is the answer

UNLICENSED ASSISTANTS — PERMITTED vs PROHIBITED ACTIVITIES: PERMITTED (ministerial/administrative tasks): Clerical work; answering phones and forwarding calls; scheduling appointments; preparing/distributing marketing materials (under supervision); placing signs; providing basic FACTUAL information (price, square footage from the listing); administrative support; PROHIBITED (require a license): Negotiating price or contract terms; soliciting or procuring clients/listings; showing property and discussing its features/merits to advance a sale (giving a 'sales presentation'); providing opinions, advice, or counsel on value or terms; independently answering questions that require professional judgment; performing the substantive brokerage services;

Key distinction: Unlicensed persons can do administrative/clerical support but cannot perform the activities that legally require a license (the core sales and negotiation functions).

State-specific: Exact permitted activities vary by state.

Compensation: Unlicensed persons cannot be paid commission (only the licensed broker can be paid for licensed activities); knowing what unlicensed assistants can and cannot do is important state license law tested on the exam — the line is between ministerial tasks (allowed) and activities requiring a license (prohibited).

Source: Real Estate State — License Law, Unlicensed Assistants

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State license law and commission questions cover who must be licensed, exemptions, license types and renewal, continuing education, the real estate commission's powers and the grounds for discipline. This is one of 34 Salesperson (State Law) questions on state license law and commission, each with a full explanation on a single study page.

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