Permitted Activities of Unlicensed Assistants
An unlicensed assistant in Texas can perform administrative support but cannot show properties or host open houses.
Unlicensed assistants are strictly limited to clerical and administrative duties. They cannot negotiate, show properties, host open houses, or interpret contracts.
TREC Rule §535.4— Permitted activities of unlicensed persons
Permitted Activities of Unlicensed Assistants
In Texas, a broker may employ unlicensed persons to assist with clerical or administrative tasks. However, under TREC Rule §535.4, these individuals are strictly prohibited from engaging in any activity that requires a real estate license.
Why This Rule Exists
This regulation protects the public by ensuring that only trained, vetted, and licensed professionals perform duties involving consumer trust, fiduciary responsibility, and real estate transactions. This prevents unqualified individuals from advising consumers on complex contractual agreements.
The Exam Trap
A common trap on the Texas state portion of the exam is the “clerical” or “host” loophole. An exam question might suggest that an unlicensed assistant can show a home or host an open house if they are “only handing out brochures and not answering questions.” This is a trap! Handing out pre-printed brochures is permitted at a broker’s office, but hosting an open house or showing a property on-site is an act of brokerage that strictly requires a license, regardless of what the assistant says or does.
Worked Texas Example
Scenario: Broker Dan hires Sarah as an unlicensed administrative assistant. Sarah is asked to sit at a home during a Saturday open house because the primary listing agent had an emergency. Dan instructs Sarah to “just welcome visitors, have them sign in, and hand out the flyers, but don’t discuss prices or terms.” Outcome: Both Dan and Sarah have violated TREC rules. Sitting at an open house is considered “hosting,” which is a licensed activity. Sarah has engaged in unlicensed real estate practice, and Dan has violated his duty of broker responsibility by permitting an unlicensed person to perform brokerage activities.
Core Comparison Breakdown
| Permitted Activity | Prohibited Activity |
|---|---|
| Answering the phone and taking messages | Negotiating a listing or sales contract |
| Scheduling appointments for license holders | Hosting an open house alone |
| Placing signs on property | Showing a property to a prospective buyer |