Unlicensed Assistants

September 24, 2024

Managing unlicensed assistants in real estate practice necessitates compliance with several regulations to ensure that all activities undertaken are within the scope allowed by law and that the responsibilities of brokers are fulfilled without engaging in unauthorized practice.

In Washington state, unlicensed individuals are strictly limited in terms of the activities they can perform in relation to real estate transactions. These activities are limited to tasks that do not require a real estate license. For example, unlicensed assistants may:

1. Perform general administrative tasks such as handling correspondence, setting up files, and managing appointments.
2. Conduct research to gather public information about a property or neighborhood.
3. Draft correspondence and prepare documents, as long as these are finalized by a licensed broker.
4. Coordinate and schedule property showings, but cannot host open houses independently.
5. Deliver documents and inspects properties for the purpose of observing progress in repairs or preparation for sale, without engaging in any negotiation or contract signing activities.
6. Follow up on transactions after a contract agreement has been reached to monitor progress in escrow and underwriting stages, always under the oversight of a licensed professional.

The designated broker bears full responsibility for any real estate broker, managing broker, or branch manager under their license, and must ensure all activities performed by unlicensed assistants comply with real estate regulations as unauthorized practice can result in serious legal consequences (including being charged with a gross misdemeanor). Therefore, it is crucial that brokers clearly communicate the limitations of their assistants and ensure constant supervision over the activities performed by unlicensed personnel.

Furthermore, brokers must be aware that the rules and regulations that govern broker conduct—and by extension those they supervise—are laid out in the respective guidelines from the Department of Licensing and must be adhered to in full compliance to avoid potential violations.

Regular training and audits can help ensure compliance and mitigate the risk of unauthorized practice. Keeping abreast with the latest legislation and amendments in the law is also critical for real estate brokers and managing brokers when managing unlicensed assistants.