The following question appeared in the November/December 2007 issue of New York State REALTOR magazine Legal Line Section;

Q. I have an unlicensed personal assistant who assists me with my daily real estate activities. Can I have him/her host an open house?

A. No. A personal assistant is unlicensed. Therefore, they cannot perform any function set forth in New York State Real Property Law, Article 12A, section 440. As a general rule, any office function that is not set forth in section 440 can be performed by a personal assistant. An unlicensed personal assistant cannot perform any of the following activities since they are considered licensed activities; host open houses, show property, explain or interpret information on listings, contracts or other information relating to a transaction; negotiate or agree to a commission or commission split with any individual; or make phone calls, telemarketing or perform other activities to solicit business on behalf of the broker

Proper terminology is important for proper communication. That said there is definite difference between a licensed (sales agent, associate broker, broker) team member, and an assistant.

As long as this assistant was licensed, yes nothing wrong with covering for your agent, after all better than cancelling altogher--but if not licensed totally inappropriate; Keep in mind though, very few houses sell during open houses; what does sell the property is on target market pricing and proper exposure.

Anna

Hi Kendra,
You have recieved some great answers here so I'm going to make mine short. As long as the assistant is licensed by the state of New York he/she is qualified to host an open house. You maybe unhappy that the agent you hired to represent you is not the one who will attend the open house. But realtors are people just lik you and we may have an emergency from time to time. I think that your agent was responsible enough to have someone else who's qualified to replace him/her rather the cancell the event completely. Many Realtors have a team working with them to help out with many aspects of a real estate transaction. If I were you I would discuss my feelings with my realtor and get it off my chest. Good Luck to you I hope your house sells quickly.

Hello Kendra, Bill is correct when he writes "one should not assume that an assistant is unlicensed", Bill should also not assume an assistant is licensed. One who has a license here in NEW YORK is classified as a Licensed Salesperson, Licensed Associate Broker, or Licensed Broker. As such these licensed professionals do not usually identify themselves as assistants.These professionals are proud of their status and accomplishments. When they meet and greet individuals for the first time they customarily identify themselves and present a business card indicating their status. Did this assistant present you with a business card? In New York many real estate agents find that using unlicensed assistants is very helpful. These assistants can do a fair amount of paperwork and legwork, leaving the agents free to use their time finding clients and negotiating transactions. However, unlicensed assistants may not perform any real estate activities for which a license is required. According to the NEW YORK DEPARTMENT OF STATE, an unlicensed assistant may not list or sell property, prospect for listings, show property, hold open houses alone, or answer buyer's questions about property. Again to answer and clarify your question, ONLY A LICENSED SALESPERSON, ASSOCIATE BROKER, OR BROKER SHOULD HAVE CONDUCTED YOUR OPEN HOUSE, NOT AN ASSISTANT.

For the most part, open houses are done, as the agent said below, to make the homeowner happy. On the rare occasions an open house sells the home, the viewer generally doesn’t make the offer on the spot (at least in my experience, but then we don’t take earnest money deposits or get binders where I am either). It would be no different from when my husband does carpentry work on one of my listings and someone stops and expresses interest in my listing, except that my assistant is licensed. I frequently have other agents do open houses at my listings.

What is your complaint? That your agent themselves didn’t do the open house or you question the sales ability of the assistant or you wonder if the assistant was licensed? What is your concern? Why would you not think you are getting your money’s worth?

Wow! Two answers, two sharply different answers!

While Joe's correct that an unlicensed assistant is limited in his/her abilities, the brutal fact is that most open houses are done to keep the seller happy (and to get leads for the listing agent). Yes, open houses sometimes work, but agents will tell you that they're not the best use of time if the intent is to sell that specific house. Now, having said that, they're certainly better than nothing.

And Joe's examples of what an unlicensed assistant can't do is correct, an agent at an open house isn't going to negotiate commissions (that's already been established between the listing agent and the seller), nor is the agent going to interpret contracts--that's getting into the practice of law, and agents aren't permitted to do that.

My main problem with someone other than the listing agent showing the property is that--often--the agent or assistant in the house doesn't know much about the listing and is unprepared to answer questions. And I've seen that pretty frequently with both agents and others.

As a practical matter, personal emergencies do come up. You don't want to see a pattern of missed appointments, substitutes, etc. Still, it happens. (Many agents are in the so-called "sandwich" generation, with both kids and elderly parents that they have some responsibilities for. Add that on top of other issues, and sometimes "life gets in the way.")

I'd suggest gently talking the issue over with your agent. Determine how much of an emergency it was, and what steps your agent has in place to handle those. Clearly, your agent does have a process--your open house was covered.

Then take it from there.

Joe,

One should not assume that an "assistant" is unlicensed. Many agents and agencies use the term "assistant" to refer to a colleague that is properly licensed and working under the supervision or in cooperatiion with another individual.

Yes, it is common for agents that have many listings or complications to request the assistance of their peers for support in meeting the needs of their customers.

Hello Kendra, NO!. This is not proper. A personal assistant is unlicensed. An unlicensed personal assistant cannot perform any of the following activities; host an open house, show property, explain or interpret information on listings, contracts or other information relating to a transaction, negotiate or agree to a commission or commission split with any individual, or perform other activities to solicit business on behalf of the broker. NY State Real Property Law, Article 12A, explains this, and NO this is not normal or professional, or legal.