2018 ADRE Interview: Unlicensed Assistants
During a recent interview, Arizona Department of Real Estate Commissioner Judy Lowe spoke with Arizona REALTORS® 2018 President Lori Doerfler. Highlights are available on YouTube, but here is an excerpt.
Lori Doerfler: In April, the Arizona Attorney General’s office issued an opinion discussing whether certain activities of unlicensed assistants are exempt from licensing requirements. What’s your takeaway?
Judy Lowe: The Attorney General is our partner. They are our legal input and that legal opinion was actually asked of the AG several years, a couple of years ago.
It takes a while for those determinations to be given to us. We received it and the interesting thing was that (the Arizona REALTORS®) and ADRE just worked together on doing a Substantive Policy Statement.
It was interesting to see how very close and we had come as to an association and the Department in putting together a Substantive Policy Statement that correlated with what the Attorney General had put in their “ten-page” legal opinion.
I think the most important thing is that every team leader or anyone having an unlicensed individual working in their business needs to remember that that individual cannot do anything that requires a real estate license.
There are about three pages in our Law Book that talk about everything that requires a real estate license. If we’re going to hire a real estate unlicensed assistant, we need to number one, have a Substantive Policy Statement…the SPS…which says what that individual can do and what they cannot do.
Then really refer to the Law Book to see what an unlicensed assistant cannot do because it is practicing real estate. I always like to remind everyone, and it is in the Substantive Policy Statement…if an unlicensed individual practices real estate or does anything that requires a real estate license, it could be a Class 5 felony.
This interview has been edited for length and clarity.
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