What can my unlicensed assistant do?
06/10/2016 | Author: TAR Legal Staff
Can my unlicensed assistant unlock the door for potential buyers if I’m running late?
No. Unlicensed assistants cannot show a home, and following the passage of a 2007 law requiring criminal background checks for license holders, TREC’s interpretation of “show” has expanded to include unlocking and opening doors for potential buyers. This is a departure from TREC’s previous interpretation, which permitted an unlicensed assistant to let buyers or tenants into a property so long as the assistant acted in a limited role (e.g. could not point out features of home or neighborhood, could not answer questions about the property, etc.); identified himself as an unlicensed assistant; and explained his limited role. Now, an unlicensed assistant must refrain from any activity that allows the buyer to be able to view the home, which includes unlocking doors.
Unlicensed assistants are still allowed to host open houses because of a specific rule (535.5(h)), but that may evolve under future rule changes that seek to reconcile open house rules with new laws.
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