Legal Library

Use of Personal Assistants

August 9, 2018

Author: UAR

On the hotline, I am often asked about what an unlicensed personal assistant can and can’t do. Under the Utah Administrative Code, personal assistants for real estate transactions are limited to:

(a) performing clerical duties, including making appointments for prospects to meet with real estate licensees, but only if the contact is initiated by the prospect and not by the unlicensed assistant;

(b) at an open house, distributing preprinted literature written by a licensee, where a licensee is present and the unlicensed person provides no additional information concerning the property or financing, and does not become involved in negotiating, offering, selling or completing contracts;

(c) acting only as a courier service in delivering documents, picking up keys, or similar services, so long as the courier does not engage in any discussion or completion of forms or documents;

(d) placing brokerage signs on listed properties;

(e) having keys made for listed properties; and

(f) securing public records from a county recorder’s office, zoning office, sewer district, water district, or similar entity.

See Code Section https://rules.utah.gov/publicat/code/r162/r162-02f.htm#T25

Unlicensed personal assistants are also explicitly prohibited from “from engaging in telephone solicitation or other activity calculated to result in securing prospects for real estate transactions.”

Anything beyond these activities may require a real estate licensee. Additionally, principal brokers need to be aware that they are responsible for both their agents’ activities AND the activities of unlicensed personnel within the brokerage. Please review the list above to ensure that your personal assistants aren’t violating Utah licensing rules.

If you have questions about personal assistants, feel free to call the UAR’s Legal Hotline at (801) 676-5211 on Monday, Wednesday or Friday from 8:30 a.m. to 4 p.m.

Resource:

Relevant Topics

Code of Ethics