R162-2f-401g. Use of Personal Assistants

To employ an unlicensed individual to provide assistance in connection with a real estate transaction, an individual licensee shall: (1) obtain the permission of the licensee's principal broker before employing the individual; (2) supervise the assistant to ensure that the duties of an unlicensed assistant are limited to those that do not require a real estate license, including the following: (a) performing clerical duties, including making appointments for prospects to meet with real estate licensees, but only if the contact is initiated by the prospect and not by the unlicensed assistant; (b) at an open house, distributing preprinted literature written by a licensee, where a licensee is present and the unlicensed person provides no additional information concerning the property or financing, and does not become involved in negotiating, offering, selling or completing contracts; (c) acting only as a courier service in delivering documents, picking up keys, or similar services, so long as the courier does not engage in any discussion or completion of forms or documents; (d) placing brokerage signs on listed properties; (e) having keys made for listed properties; and (f) securing public records from a county recorder's office, zoning office, sewer district, water district, or similar entity; (3) compensate a personal assistant at a predetermined rate that is not: (a) contingent upon the occurrence of real estate transactions; or (b) determined through commission sharing or fee splitting; and (4) prohibit the assistant from engaging in telephone solicitation or other activity calculated to result in securing prospects for real estate transactions, except as provided in Subsection (2)(a).