In response to Melissa's What can a Real Estate Assistant do legally?

After starting a comment on What can a Real Estate Assistant do legally?by Melissa I realize that the answer would be too lengthy so I might as well make it a blog. I am sure that Melissa knows most of the answers and she does raise an important question and I am giving her the credit for the subject.

 Open House Assistant with louzy training

 AN unlicensed assistant may host an open house. The key word is host. They can open the house and the doors to the visitors, give them refreshments ( woop de doo ), have them sign the guest sheet, and overall greet them, as long as the seller's or lessor agrees to this in writing. All this has to do with fiduciary duties and what is considered what is considered General Public Information. I will get to that later on. What is interesting is that unlicensed assistant can do alot if the license follows the rules.

 > untrained happy asssistants.

Once they open the door of an open house, which they are allowed to do, they are not allowed to answer any questions beyond what is considered Public Information and that definition got more narrow after 2001 revision by the FL Commission and each state has their own Commission.They can answer the following questions: If the property is under contract, If the property is listed with your company, if it has closed, and the listing price of the property. Review your own State Real Estate laws.

>> perfect non verbal assistant

They may also answer a few questions regarding the number of bedroom, the square footage only in writing, so that part is a bit blurry. The visitors can be answered the questions but the assistant has to basically answer the questions by passing out the information again with the consent of the license and the disclosure cannot violate the fiduciary duties to the seller(s). I can see why many licences employing assistants when I was pre-viewing or viewing a property with clients have only flyers or fact sheets which are available as  Public knowledge which for example would be available through your County's Property Appraiser as bedrooms, square footage, age of building but anything to do with the seller's personal knowledge of the property could not be included and could be disclosed only by the licensee. In black and white the assistant cannot make  available all the information in the fact sheets. Keep the information basic.

>> what female licence want in an assistant

 An unlicensed assistant is allowed to have their picture included in the advertisements of the properties as long as it disclosed clearly that that person is not licenced.We all know that they may contact consumers and be given confidential information about the transactions long as she/he does not disclose that information to anyone but the license he/she represents.

 >>> asssistants after long day at open house

AS far as Brokers are concerned: the Broker must assign at least one license or him/herself to supervise the assistant and make sure they follow the regulations of their states and are properly trained in their behavior specially facing clients and open house visitors. After all the license will be responsible to any unlawful activities from the assistants as disclosing confidential information regarding a property,writing advertisements without the license's review, negotiation the terms or contract of a terms of a contract or lease, attend a closing with a license present, offer material information regarding a transaction or in doing anything that requires a license. 

>> asssistant who lost her head 

Overall an unlicensed assistant can do a lot, but most actions allowed have to be reviewed, supervised, permitted by the license, and agreed in writing by the sellers when they are hosting an Open House.

LLoyd Nichols
Real Estate Network Services
6360 Presidential Court, suite 4
Fort Myers , Florida 33919
cell: 239-810-2980
fax: 239-463-4826

web site: http://homesftmyersfl.com/ 
web site: http://www.mlsouthwestfloridahomes.com/
Real Estate Blog: http://activerain.com/lloydn