In real estate, regulatory compliance is essential to ensure that all transactions are carried out with integrity and professionalism. One of the most common challenges real estate agents face is managing their time and resources effectively. However, properly delegating responsibilities is essential to avoid violations of licensing law. Below is an example that illustrates this principle.

The Case of Juana and Jaziel

Juana, a licensed salesperson, faces an emergency situation that forces her to go to her daughter's school, which means she won't be able to keep her appointment to show a home to a potential buyer. Instead of rescheduling the appointment or seeking help from another licensed colleague, you decide to pay your unlicensed assistant, Jaziel, to handle the visit.

What is the problem in this situation? Although Jaziel may be well-intentioned and willing to help, he is not licensed to conduct real estate activities. Juana's act of compensating an unlicensed person to perform an activity that requires a license is a direct rape of the licensing law (BPC 10137).

Understand the Law

The law is clear as to what responsibilities can and cannot be delegated to an unlicensed person. While there are administrative tasks and other functions that do not require a license and can be delegated, showing a property to a potential buyer is not one of them. This activity falls within the category of soliciting sellers or buyers on behalf of third parties with the expectation of receiving compensation (BPC 10131(a)).

Conclusion

While emergency situations like Juana's can arise, it is essential for real estate professionals to understand and respect the laws and regulations of their industry. Improperly delegating responsibilities can have serious consequences for both the real estate agent and the client. Best practice is always to ensure that licensed activities are performed by appropriately licensed individuals.