Understanding the limitations and responsibilities associated with hiring an unlicensed assistant is essential to ensure compliance with real estate regulations. BCFSA provides guidelines that interpret RESA (Real Estate Services Act) and related laws, offering best practice advice for real estate professionals.
We are unlicensed assistants, and it is ultimately your responsibility to ensure our tasks remain within the scope of non-licensed activities. We will say NO to tasks which do not align with these regulations. To safeguard you and your business, we also have a clear Contracting Agreement that specifies the duties we can provide in case any concerns arise regarding unlicensed trading.
It’s also important to disclose to your clients, in writing, that we will have access to confidential information. Transparency in this regard will help protect you should any complaints be lodged with the BCFSA.
These guidelines may change from time to time, so please refer to BCFSA for an up to date guideline should you have any concerns. This guide will help you better understand the types of tasks we are allowed to perform and those we are restricted from.
Permitted Trading Services for Unlicensed Assistants
Tasks Unlicensed Assistants Can Perform
We are allowed to assist with the following activities:
- Complete contract forms with specific information as directed by and with approval from a licensed professional.
- Submit listings and listing changes to the MLS system after approval from a licensed professional.
- Gather public information from sources like courthouses, municipalities, or regional offices.
- Draft advertising content, promotional materials, and correspondence for review and approval by a licensed professional (all materials must be signed off by the licensed agent).
- Place advertisements with prior approval from the licensed professional.
- Prepare and distribute flyers or marketing materials under the direction and approval of a licensed agent.
- Schedule appointments for licensed professionals (this excludes telemarketing, cold calling, or any activity designed to generate business).
- Perform general administrative, clerical, and personal tasks that do not require a real estate license.
- Answer phone calls, take messages, and forward calls to a licensed real estate professional.
- Act as a courier for delivering documents, installing signs, picking up keys, etc.
- Collect feedback from other real estate professionals following showings.
- Witness signatures.
- Compile documents for closing transactions.
- Assist after a contract is signed by:
- Facilitating access to the property for inspectors or appraisers.
- Providing other logistical support that does not require licensing.
- Handle bookkeeping or administrative duties, including:
- Record and deposit trust funds or transaction deposits.
- Process commission cheques and perform accounting tasks.
- Monitor licenses and maintain personnel files.
Tasks Unlicensed Assistants Are Not Allowed to Perform
There are specific activities that we are prohibited from doing, as they require a real estate license:
- Hosting open houses, setting up kiosks, or managing booths at home shows.
- Soliciting business from potential buyers or sellers.
- Showing properties to prospective clients.
- Responding to inquiries from third parties regarding listing details, contracts, financial documents, titles, or other transaction-related information.
- Explaining or interpreting any legal documents, such as a Contract of Purchase and Sale or service agreements (e.g., listing contracts) for third parties.
- Negotiating or agreeing on commission rates, commission splits, or referral fees on behalf of a licensed real estate professional.
- Presenting or negotiating offers or service agreements.
- Performing any tasks that require a real estate license under RESA.
We strictly follow these guidelines, so you can remain compliant with regulations while effectively utilizing our support.
Understanding the Risks of Employing an Unlicensed Assistant Across Multiple Brokerages
We work with agents at multiple brokerages, so there is a potential for conflicts of interest, which you are required to avoid and disclose to clients as part of your duties under the Real Estate Services Rules (“Rules”).
We often have access to sensitive and confidential information regarding your clients and transactions, so we maintain strict confidentiality, and do not share this information with anyone who shouldn’t have access to it.
When conflicts occur…
We follow the same regulations when it comes to conflicts that you follow with a buyer and seller conflict on a single property. If we are working for a real estate professional on the opposite side of the transaction, we require written confirmation from both real estate agents to be able to proceed with facilitating assistance on the transaction. Should one agent have concerns, then we will not facilitate any services related to the transaction of conflict.
Click these links for more information on maintaining confidentiality and your obligations to clients.
Further Reading…
Sections of RESA and Real Estate Services Rules which apply to your use of our services:
- Section 30, Real Estate Services Rules, Duties to Clients
- Section 3, RESA, Requirement for licence to provide real estate services