Florida - Unlicensed Assistant

Florida - Unlicensed Assistant

Here’s a summary of the FREC Guidelines for Unlicensed Assistants

What Unlicensed Assistants May Do

According to FREC, an unlicensed assistant (employee, secretary, or personal assistant) may perform the following activities because they do not require a real-estate license:

  1. Answer the phone and forward calls.
  2. Fill out and submit listings and changes to any multiple-listing service (MLS).
  3. Follow up on loan commitments after a contract is negotiated and get status reports.
  4. Assemble documents for closing.
  5. Secure public information from courts, utilities, etc.
  6. Have keys made for company listings.
  7. Write advertisements for approval by the licensee and supervising broker and place classified advertising.
  8. Receive, record, and deposit earnest money, security deposits, and advance rents.
  9. Type contract forms and Supreme Court-approved leases for approval by the licensee and supervising broker.
  10. Monitor licenses and personnel files.
  11. Compute commission checks.
  12. Place signs on property.
  13. Order items of repair as directed by the licensee.
  14. Prepare fliers/promotional info for approval by the licensee and supervising broker.
  15. Deliver documents and pick up keys.
  16. Place routine telephone calls about late rent payments.
  17. Schedule appointments for a licensee to show listed property.
  18. Be present at open houses to provide security, hand out materials (brochures), and answer only objective questions based on printed info.
  19. Gather information for a Comparative Market Analysis (CMA).
  20. Gather information for an appraisal.
  21. Hand out objective, written information on a listing or rental.
  22. Drive a client to a listing or rental
    (but may not provide access).

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What Unlicensed Assistants May Not Do

FREC also makes clear that an unlicensed assistant may not:

  • Negotiate or agree to any commission split or referral fee on behalf of a licensee.
  • Provide access to a property for sale or lease (e.g., unlocking/showing the property).

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Practical Notes (Based on Current FREC Guidance)

Even though the Florida Keys Board of REALTORS® PDF is from an older guideline, modern interpretations of FREC rules reinforce the same principleunlicensed assistants can perform administrative and clerical tasks, but they cannot engage in activities that involve negotiation, interpretation of contracts, client-advising, or any activity requiring a license.

 

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