New Hampshire Real Estate Commission

THE PERSONAL ASSISTANT ISSUE

Over the last month, there have been several requests from licensees asking the Real Estate Commission to establish some guidelines defining the permitted activities of "personal assistants".

These requests have come at a good time, because in New Hampshire, it is getting more and more common for real estate salespeople to hire assistants to help them with the time consuming, less lucrative tasks associated with their practice.

Even though the Commission's initial concern is whether the assistant would be licensed or unlicensed, both scenarios present liabilities and responsibilities for both the associate seeking assistance and the sponsoring broker.

UNLICENSED ASSISTANTS

In the case of an unlicensed assistant, for example, New Hampshire law specifically states that no one without a license can "assist or direct in the procuring of prospects calculated to result in the sale, exchange, lease or rental of real estate". It further requires a license of those "assisting or directing in the negotiation" of real estate transactions. (331-A:2 (h) and (i))

To best protect themselves under the law, sponsoring brokers must take steps to insure that unlicensed assistants have no contact with either buyers or sellers that could involve any solicitation or inducement. Even allowing the assistant to receive phone calls, for example, could possibly involve both the assistant and the broker in a violation of the law.

To help further define the role of an unlicensed assistant in a real estate business, the Commission has created a partial list of approved activities:

WHAT AN UNLICENSED ASSISTANT CAN DO

1.     Give general information about listed properties such as location,
         availability and price (again, without any solicitation on behalf of the          assistant);

2.     Perform clerical duties, which may include answering the telephone and         forwarding calls;

3.    Fill out and submit listings and changes to multiple listing services;

4.    Type contract forms for approval by licensee and supervising broker;

5.    Pick up and deliver paperwork to other brokers and salespersons;

6.    Follow-up on loan commitments after a contract has been negotiated, and         pick up and deliver loan documents requiring signatures;

7.    Obtain status reports on a loans progress;

8.    Assemble closing documents;

9.    Obtain required public information from the Registry of Deeds, public         utilitiles,etc.;

10.  Write advertising for approval by the licensee and supervising broker, and         arrange to place the advertising;

11.   Have keys made for company listings, and place signs on listed property;

12.   Attend open houses to provide security, and hand out pre-approved          promotional material;

13.   Gather information required for a Comparative Market Analysis;

14.   Schedule appointments for licensee to show a listed property;
         and

15.   Chauffeur clients to view properties which will be shown by the licensee.

A good general rule is that an unlicensed assistant should have very little contact with the buyer or seller beyond providing secretarial assistance or factual information on listings.

LICENSED ASSISTANTS

Despite the fact that licensed assistants often work with a more experienced salesperson in an apprenticeship position; it is important to remember that the ultimate responsibililty for the "assistants" conduct rests with the supervising broker, rather than with the salesperson.   (RSA 331-A:25 XXVII)

To best protect everyone involved, the supervising broker should also keep these other statutory requirements in mind:

    1.  The assistant is required to be licensed in association with the sponsoring          broker; (RSA 331-A:17 IV, VI) and

    2.  All compensation received by the assistant for activities requiring a license          must come from the sponsoring broker, rather than from another          associate. (RSA 331-A:26 XX)

The use of personal assistants in the real estate profession can be a definite win-win proposition, if the sponsoring broker insures that all of the safeguards are in place. Not only can the assistant receive an excellent education and experience, but the employing broker is freer to focus on other critical aspects of his/her business.

"Literature"