Assistants and Teams
This section should include:
- The Broker’s policy concerning Personal Assistants, permissible and prohibited activities, compensation, equipment/office space, withholding tax, worker’s compensation insurance, Company liability.
- If used, team names must identify in a clear and prominent manner the employing broker’s legal name or the dba name contained on the employing broker’s license certificate and cannot give the appearance of a real estate company. To avoid confusion team names should include the word “team” and not include words such as Company, Group or Associates. Team names should not be registered as legal business entities with the Arizona Corporation Commission. It is the Broker’s responsibility to approve team names and advertisements, and ensure compliance with A.A.C. R4-28-502.
Arizona Department of Real Estate SUBSTANTIVE POLICY STATEMENT No. 2005.04
Short Title: Unlicensed Assistants
Description of Practice/Procedure: In looking at the issue of unlicensed assistants, various aspects must be considered, including what activities the individual will perform and how the individual is paid.
If an unlicensed assistant is paid on any basis that relies on the ultimate sale of property, then that person must be licensed.
An unlicensed assistant in the employ of a licensed real estate broker may:
- Perform telephone duties, to include calls to:
1) collect demographic information.
2) solicit interest in engaging the services of a licensee or brokerage.
3) set or confirm appointments (with no other discussion) for:
• A licensee to list or show the property.
• A buyer with a loan officer.
• A property inspector to inspect a home.
• A repair/maintenance person to perform repairs/maintenance.
• An appraiser to appraise the property.
4) mortgage and/or title companies to track the status of a file, check daily
interest rates and points, whether the buyer has been qualified, confirm closing
appointment for the licensee, and so forth.
- Assist a licensee at an open house.
- Unlock a home for a licensee so that licensee can show a buyer the property or preview the property (no discussion about the property).
- Deliver documents (as a mail or delivery service only).
An unlicensed assistant shall not perform the following activities:
- Hold/host an open house without an agent being present.
- Perform a walk-through inspection.
- Answer questions relating to a transnational document.
- Give instructions to inspectors, appraisers or maintenance/repair people. Because these instructions are part of the licensee’s regular duties and there is a direct relationship to the (potential) transaction, a license is required to give instructions to inspectors appraisers or repair/maintenance people.
Policy Program: Enforcement
Effective Date: Revised April 3, 2000; Revised & Renumbered 5/28/04; Renumbered 4/01/05.
This section should include:.
- Whether membership in a business or trade association is required or recommended and, if so, which associations or organizations and who is responsible for fees or dues.
- What requirements the sales associates shall comply with as a member.
Select to view Local Association Executive Officers contact information.
Broker Signature Requirements
This section should include:
- A description in writing of who is authorized to sign what documents on behalf of the Company.
- Whether only the Designated Broker, or the Designated Broker’s designee/approved branch manager or someone else is authorized to sign documents.
- For information on duties that may be delegated to the Branch Office Manager or other designees, see A.R.S. § 32-2127 and A.A.C. R4-28-304.
The documents may include:
- Assignment of Commissions
- Commission Changes
- Escrow Changes
- License Renewal
- Listing Releases
- Lockbox Vendor Agreement
- Mutual Cancellations
- Sales Associates holding only a salesperson license may not sign escrow instructions or other documents that approve compensation or direct how compensation is to be paid for licensed activity (A.A.C. R4-28-304 (B)(1)(c)and (d), and (B)(2)(a).