Unlicensed Real Estate Assistants

The Arizona Dept. of Real Estate’s Substantive Policy Statement SPS 2017.01 provides guidance in regard to the activities in which an unlicensed real estate assistant may engage.

An Unlicensed Assistant is an unlicensed individual hired by an Arizona licensed real estate broker or salesperson as an assistant, who is not engaging in any activity for which a real estate license is required. Compensation means any fee, commission, salary, money or other valuable consideration for services rendered or to be rendered as well as the promise of consideration whether contingent or not (A.R.S. §32-2101(16)).

An unlicensed assistant cannot be compensated on any basis that relies on the ultimate sale or closing of a property. The employing broker or designated broker is responsible for addressing in its written policies and procedures who is responsible for hiring and compensating unlicensed assistants.

The employing broker is responsible for all activities of licensed individuals within the brokerage pursuant to Arizona Revised Statutes and Rule. All inclusions of the unlicensed assistant in advertising or marketing must indicate the individual as being “unlicensed” (A.R.S. §32-2165(A)).

Lind, K. Michelle. Arizona Real Estate: A Professional’s Guide to Law and Practice – Third Edition
Xulon Press (Kindle Locations 946-959)

©2018 by K. Michelle Lind, Esq./Arizona REALTORS®

This post is of a general nature and reflects only the opinion of the author at the time it was drafted. It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.

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