By: Guest Author, Virginia REALTORS^® Senior Vice President of Member Programs, Adam Smith

If you have an unlicensed assistant or are looking to obtain one, here is a list of what activities do and do not require a license. (Outlined by the Virginia Real Estate Board in 18 VAC § 135-20-165 (6)-(7))

Does NOT require a license:

• Perform general clerical duties, including answering the phones, responding by electronic media, and providing information shown on the listing;
• Submit listings and changes to the MLS;
• Follow up on loan commitments after contracts have been ratified;
• Have keys made for listings;
• Compute commission checks;
• Place signs on properties;
• Act as a courier service;
• Schedule appointments;
• Record and deposit earnest money, security deposits and advance rents;
• Prepare contract forms for approval of the licensee and supervising broker;
• Prepare promotional materials and advertisements for approval of the licensee and supervising broker;
• Assemble closing documents;
• Obtain required public information from governmental entities;
• Monitor license and personnel files;
• Order routine repairs as directed by licensee;
• Receive compensation for their work at a predetermined rate that is not contingent upon the occurrence of a real estate transaction; and
• Perform any other activities undertaken in the regular course of business for which a license is not required.

DOES require a license:

• Show property;
• Hold an open house;
• Answer questions on listings, title, financing, contracts, brokerage agreements, legal documents;
• Discuss, explain, interpret, or negotiate a contract, listing, lease agreement, or property management agreement with anyone outside the firm; and
• Negotiate or agree to any commission, commission split, management fee, or referral fee.

Use this list to build an unlicensed assistant job description and, most importantly, to ensure you operating within the established regulations. For more information and frequently asked questions about licensure and other real estate topics, click here.