OREC Guidelines for Licensed and Unlicensed Assistants
The following guidelines, effective April 13, 1994, were developed by the Commission to assist those companies who have assistants that perform activities in their organization. The Commission has received comments about the list ranging from "the list is helpful" to "the list contains ridiculous items." The Commission's objective is to help licensees ensure that unlicensed persons do not cross over the line and perform licensed activities.
Unlicensed assistants are strictly limited to clerical/secretarial type duties and running errands at the direction of the licensee and/or sponsoring broker. Licensees will be held accountable for the acts of any unlicensed assistant who oversteps into licensed activities.
These guidelines are subject to change depending upon changes that occur to the law and rules. Licensees should periodically contact the Commission to ensure that the information as published is current and valid.
If principal brokers have any suggestions for the list, please send them in writing to the Commission. If principal brokers have any questions regarding whether or not an activity requires a license, please contact our investigative department at (405) 521-3387.
ACTIVITIES THAT REQUIRE A
REAL ESTATE LICENSE
1) Prepare Comparative Market Analysis.
2) Communicate with Attorneys.
3) Measure Houses (Certified or Licensed Individual).
4) Give Listing Presentations.
5) Communicate with Buyers and Sellers.
6) Make Cold Calls.
7) Check Listings to Verify Information.
8) Interview Buyers.
9) Answer Questions on Listings, or Any Item Pertaining to Transaction.
10) Submit Listings.
11) Give Out Information on Listing Properties.
12) Paid a Percentage or Share of a Commission.
13) Show Property.
14) Hang Door Hangers in Neighborhoods.
15) Relocate Families to Temporary Housing.
16) Do Personal Prospecting.
17) Communicate with For Sale By Owner.
18) Communicate with Expired Listings.
19) Coordinate Buyer Seminar.
20) Host Open Houses, Kiosks, Home Show, Booths or Fair, or Hand Out Materials.
21) Schedule Listing Appointments (with telemarketing survey asking home owners if they would like to speak with a licensee about their home).
22) Manage Rental Properties.
23) Communicate with Out-of-Towners.
ACTIVITIES THAT DO NOT REQUIRE
A REAL ESTATE LICENSE
1) Design Feature Sheets at Direction of Broker.
2) Prepare Net to Seller Sheets at Direction of Broker.
3) Answer the Telephone. Forward Calls. Take Messages. Make Appointments for Licensees on Transaction Commitments or Incoming Calls From Prospects.
4) Arrange Loan Applications.
5) Write Newsletters.
6) Write, Design and Place Ads for Approval by Supervising Broker.
7) Develop and Maintain Mailing Lists -- Clerical Duties Only.
8) Process Loans.
9) Coordinate "Move-In Day" after Closing.
10) Schedule Inspections.
11) Communicate with Cooperative Licensees to Set Up Showing Appointments.
12) Run the Computer to Obtain Information for Licensee.
13) Input Information into Computer.
14) Shop Financing by Checking Rates with Lenders on Specific Buyers and Communicate to Licensee.
15) Order, Pick Up and Deliver Documents Pertaining to a Transaction at Direction of Licensee Without Contacting the Buyer or Seller.
16) Identify Expired Listings on Computer.
17) Communicate with Service Companies at the Request of Licensee.
18) Provide Personal Accounting for Licensee (personal bookkeeping).
19) Inspect Listing Forms and Re-supply Handouts on Yard Signs.
20) Pay Personal Bills of Licensee.
21) Maintain Past Buyer and Seller List (input data or check data on computer for licensee's future solicitation: but not by personally contacting client).
22) Scan and Clip News.
23) Follow Up on Loan Commitments at Direction of Licensee.
24) Record and Deposit Money to Be Placed in Escrow at Direction of Sponsoring Broker.
25) Type Contract Forms at Direction of Licensee.
26) Monitor License and Personnel Files.
27) Issue Computer Commission Checks at the Direction of the Sponsoring Broker.
28) Order Items or Routine Repair as Directed by Licensee.
29) Act as a "Security Host" Only at an Open House -- All Questions Must be Referred to Licensee. (In the best interest of the public, the Commission suggests that a licensee be available to answer questions).
30) Put Up and Pick Up Signs.
31) Have Keys Made for Company Listings. Pick Up Keys at Direction of Broker.
32) Take Pictures of Houses at Direction of Licensee.
33) Assemble Documents for Closing at Direction of Licensee.
34) Direct Mailing.
35) Send Ads to Seller at Direction of Licensee.
36) Accept Rent and Provide Receipt.
37) Type Rental Agreements for the Licensee to Have Signed.
From the OREC Commission Comment Newsletter, 3rd Quarter 1994
Last Update: 30 MAY 2005
Web Author: Vince Mooney, 918-665-0478
Copyright ©2001, 2004 by Vince Mooney Real Estate School & Seminars - ALL RIGHTS RESERVED