What activities can an unlicensed real estate assistant perform in Texas?
An unlicensed assistant in Texas can perform administrative tasks such as answering phones, typing forms, and scheduling appointments, but cannot negotiate or engage in brokerage activities.
Under TREC rules, unlicensed assistants are strictly limited to clerical or administrative duties. They cannot show homes, host open houses, negotiate contracts, or receive commissions.
TREC Rule §535.4— Permitted activities of unlicensed persons
Select Your Answer Choice
Exam Explanation
What Can an Unlicensed Real Estate Assistant Do in Texas?
Unlicensed assistants are a common fixture in real estate practices, but TREC regulates their involvement with the public strictly. Sponsoring brokers are ultimately responsible for ensuring assistants do not cross the line into licensed brokerage activity.
Why the Correct Option is Right
Option B is correct because scheduling appointments, typing pre-filled forms under a license holder’s direction, placing yard signs, and general administrative work do not require a license. These activities are purely clerical.
Why the Other Options are Traps
- Option A is a trap because hosting an open house is considered an act of brokerage under Texas law, regardless of whether negotiations occur.
- Option C is a trap because interpreting or explaining contracts constitutes the practice of law and active real estate representation.
- Option D is a trap because showing properties to potential buyers is a licensed activity. Even unlocking a door to let a buyer in is prohibited for unlicensed persons.
The Exam Trap
Students often confuse “administrative help” with “showing property.” Remember: if an assistant is interacting with consumers about specific property details, prices, or options, they must be licensed.
Worked Texas Example
Scenario: Sarah, an unlicensed assistant for Broker Dave, schedules home viewings for Dave’s buyers. While Dave is in another meeting, Sarah drives the buyers to a listing, unlocks the lockbox, and walks them through the property, answering their questions about the age of the roof. Outcome: Sarah and Dave have both violated TREC rules. Sarah engaged in unlicensed brokerage, and Dave failed in his duty to supervise an unlicensed assistant properly.