Introduction

These guidelines have been established to provide guidance to California real estate licensees and others regarding what unlicensed assistants can legally do in real estate without holding a real estate license.

The Section 10131 of the California Business and Professions Code details the activities that require a Real Estate Broker license. A licensed real estate sales agent must conduct such activities under the supervision of his or her responsible broker. There are specific “clerical” exemptions to Section 10131 in the Section 10133.2 of that code.

The designated officer of a corporation is directly responsible for supervising and controlling the activities carried out on behalf of a corporate broker by its officers, employees and agents. It is imperative that the broker identify the activities that do and do not require a real estate license.

Activities Allowed for Non-Licensed Attendees

Look at this Guide provided by the DRE.

Cold Contact with Potential Prospects: Attendees can contact potential clients. If the contact shows interest, they should be referred to a licensee.

Open Houses: Attendees can help at an open house, but only a licensee can show the property or discuss terms.

Comparative Market Analysis: Attendees can conduct a comparative market analysis, subject to licensee approval.

Communication with the Public: Attendees may provide factual information from writings prepared by the licensee.

Appointment Organization: Attendees can schedule appointments and order reports and services related to the transaction.

Property Access: With the consent of the principal, assistants can allow access to inspectors or workers.

Advertising: Assistants may prepare advertising related to the transaction, provided it is reviewed and approved by the licensee.

Document Preparation: Assistants may prepare documents under the supervision of the licensee.

Delivery and Signing of Documents: Attendees may deliver and collect documents, but may not discuss their contents with a principal or party to the transaction.

Trust funds: Attendees may accept trust funds from a principal or party to the transaction.

Communication with Principals: Attendees can communicate logistical details about the transaction.

Document Review: Attendees may review transaction documentation as directed by the licensee.

Conclusion

It is crucial that licensees and their employees strictly follow these guidelines to ensure compliance with the Real Estate Law. The guidelines serve to assist licensees in organizing their business practices in a manner that contributes to compliance with the Real Estate Law. It is essential to recognize that it does not take much to move from an unlicensed activity to a licensed one. Proper oversight is essential to ensure the integrity and legality of all real estate transactions.