Formerly in KAR 11:440- The entire 11:440 regulation was completely eliminated, but we believe the former list is constructive as absolutely no guidance is given in the new regulation except an unlicensed assistant can’t do anything that would require a license. (In other words the new regulation doesn’t define do’s and don’ts)
We’ve focused on the previous “shall not do” regulation list to provide a short list of activities that unlicensed assistants should typically avoid doing to reduce liability for both them and the licensee.
*Remember this list is not “officially” part of the current regulations*
An unlicensed assistant shall not:
(1) Negotiate terms of a real estate transaction or real estate brokerage agreement;
(2) Complete offers or contracts relative to a real estate transaction;
(3) Disclose information that is available to a real estate licensee but is not available to the general public;
(4) Attend a real estate closing except to assist a licensee present at the closing;
(5) Access information which requires membership in an industry trade group if the supervising licensee is not a member of the industry trade group;
(6) Write or place advertisements without review by a licensee;
(7) Express material opinions on any aspect of a real estate transaction to anyone other than the supervising licensee;
(8) Interpret real estate contractual terminology for others;
(9) Represent to others that he has a real estate license; or
(10) Perform any activity which requires a real estate license.