8.2 Licensed Assistants and Unlicensed Office Personnel

The general policy is that unlicensed office personnel (secretaries, assistants, personal assistants, receptionists, accounting personnel, etc.) are to be used in a support role to the main real estate business function of the Company. **UNDER NO CIRCUMSTANCES will you authorize or allow unlicensed office personnel to engage in acts for which a real estate broker or salesperson’s license is required.
**

You must immediately disclose to the Company if your personal assistant has a real estate license. The personal assistant may not engage in any activity which requires a real estate license without: (1) the prior written consent of the Company; (2) entering into a written Broker/Associate-Licensee/Assistant agreement or Independent Contractor Agreement detailing the personal assistant’s relationship with the Company; and (3) submission of the personal assistant’s real estate license to the Company.

Licensed personal assistants are not subject to, nor paid in accordance with, the Company’s Compensation schedule. Licensed personal assistants are compensated solely through your contractual arrangement with them. The Company shall never be obligated to pay your licensed personal assistant except as may be paid to such assistant out of funds in escrow, or from escrow funds actually received by the Company, and for which you have given specific instructions to the Company to pay such assistant.

A broker’s unlicensed, salaried employee MAY:

• Receive and forward phone calls to his or her employing broker or another licensee in the firm.

• Submit listings and changes to a multiple listing service, but only if the listings or changes are based upon data compiled and provided by a licensed broker or salesman.

• Assist a broker or salesman in assembling documents for closing.

• Secure copies of public records from the register of deeds, clerk of court, or tax office.

• Have keys made for the firm's listings.

• Record and deposit earnest money, security deposits, and other trust monies under the close supervision of the office broker-in-charge.

• Type offers, contracts, and leases from drafts prepared by a broker or salesman with the firm.

• Check license renewal and personnel files for the brokers and salesmen with the firm.

• Compute commission checks and act as bookkeeper for the firm's operating bank accounts.

• Place "for sale" or "for rent" signs on property at the direction of a broker or salesman with the firm.

• Order and supervise routine and minor repairs of property at the direction of a broker or salesman with the firm.

• Act as a courier to deliver or pick up documents, keys, etc.

• Make routine phone calls to coordinate or confirm appointments between brokers, salesmen, and other persons.

• Schedule appointments for showing property for sale or lease.

• Show rental properties managed by the broker to prospective tenants.

• Complete and execute preprinted form leases for rental property managed by the broker.

An unlicensed employee MAY NOT:

• Show properties for sale to prospective purchasers.

• Solicit listings from prospective clients.

• Answer questions concerning properties listed with the firm, except to confirm that the property is listed, to identify the listing broker or salesman, and to provide such information as would normally appear in a simple, classified newspaper advertisement (e.g., location, price, number of rooms).

• Prepare promotional material or advertising of properties for sale or lease without the office broker-in-charge review and approval.

• Discuss or explain listings, management agreements, offers, contracts, or other similar matters with persons outside the firm.

• Negotiate the amount of rent, security deposit, or other lease provisions in connection with rental properties managed by the firm.