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What can my unlicensed assistant do?

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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.

Read more legal Q&As on texasrealestate.com.

Categories: Legal
Tags: unlicensed assistant, trec, trec rules, legal faq, legal

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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