Assistants

When hiring an assistant, there are few things to keep in mind:

The Colorado Real Estate Commission has published a "Position Statement" on the use of personal assistants directed generally at the issues of those activities requiring a license and the supervisory responsibilities of the employing broker for the activities of real estate assistants. 

According to the position, unlicensed assistants may not do the following:

• Negotiate, list, or sell real property

• Prepare legal documents such as listing and sales contracts

• Offer opinions, advice, or interpretations

• Disseminate or distribute information on listed properties other than that prepared by the employing broker or salesperson

Unlicensed assistants may complete the following tasks:

• Complete forms prepared for, and as directed by a broker. Unlicensed assistants cannot independently draft legal documents such as listing or sales contracts, and they cannot offer opinions, advice or interpretations of these documents.

• Distribute preprinted, objective information prepared by the broker about a property listed for sale. 

• Perform clerical duties, including gathering information for a listing. 

• If authorized by the seller, provide access to property, conduct showings or open houses.

• Deliver paperwork to other brokers, buyers or sellers.

• Deliver paperwork that requires signatures in regard to financing documents that are prepared by lending institutions.

• Prepare market analyses on behalf of the broker, if the analyses are approved and submitted by the broker to the client with a disclosure that the market analyses were prepared by the unlicensed assistant. The broker must ensure that market analyses comply with Commission Rule E-42. 

• Collect and receipt for earnest money deposits, security deposits or rents. 

• Schedule property repairs on behalf of the broker, if there is an existing agreement that authorizes the broker to make repairs to the property.

Licensees should not share commissions with unlicensed assistants. Although this may not technically be a violation of the licensing act if the activity is not one which requires a license, the temptation to “cross over” into the area of negotiating and other prohibited practices is greatly increased where compensation is based on the success of the transaction. 

Agents should familiarize assistants  with the Branding Rules, Ethics, and Important Language information before assistants embark on marketing endeavors. 

Please contact your Managing Broker for clarification.