Real Estate Work that CAN’T be Performed by an UNLICENSED Individual

We have had questions about the limitations of unlicensed assistants or office staff in what they can legally do for the brokerage or agents of a real estate firm. In September 2017, NAR posted clarifications from the Massachusetts Division of Consumer Affairs and Business Regulation, with guidelines on the use of unlicensed assistants by real estate brokers/salespersons. “The Division advises that unlicensed assistants should avoid activities that will bring them into direct contact with clients and customers.”

“Impermissible [not allowed] tasks by unlicensed assistants include, but are not limited to:

  1. Do listing presentations
  2. Write contracts, or purchase offers
  3. Show houses
  4. Call for feedback from co-brokers after showing
  5. Service listings
  6. Preview houses for prospective buyers
  7. Contact buyers and sellers in follow-up function
  8. Attend closings or property walk-throughs
  9. Conduct Open Houses
  10. Attend or Conduct Broker Open Houses*” See specific below

Note: It has been generally accepted that an unlicensed person may unlock a door so that a licensed agent can show a property, but they themselves may not show it. Here is a comprehensive list that we published in 2014.  If you believe someone is not working according to license law, please direct your complaint to the Board of Registration.