Under the guidelines, unlicensed assistants may not:

1. Show or exhibit property
2. Discuss terms or conditions of a possible sale
3. Discuss other features of the property such as location, neighborhood, schools
4. Engage in other conduct which "is used, designed, or structured for solicitation purposes..."
5. Attempt to induce the prospective client to use the services of the broker regarding a specific property, transaction, or products during cold calls
6. Give any Multiple Listing Service information to the public
7. Provide information about a property unless obtained from a data sheet prepared by a licensee or a principal and that fact is revealed to the person requesting the information
8. Discuss the content, relevance, importance, or significance of the documents or instruments being prepared, delivered, or signed with a principal or service provider

According to the position, unlicensed assistants may not:

1. Negotiate, list, or sell real property
2. Prepare legal documents such as listing and sales contracts
3. Offer opinions, advice, or interpretations
4. Disseminate or distribute information on listed properties other than that prepared by the employing broker or salesperson

1. Host open houses, kiosks, or home show booths or fairs
2.  Show property
3. Interpret information on listings, titles, financing, contracts, closings, or other information relating to a transaction
4. Explain or interpret a contract, listing, lease agreement, or other real estate document with anyone outside the licensee's firm
5. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee
6. Perform any other activity for which a licensee under the act is required

1. Prepare promotional materials or advertisements without the review and approval of the supervising licensee
2. Show real property
3. Answer questions about listings other than those concerning list price, address, or geographic directions
4. Discuss or explain a contract, listing, lease, agreement, or other real estate document with any broker or salesperson outside the licensee's firm or with any potential client or customer
5. Conduct open houses
6. Conduct telemarketing or telephone canvassing to schedule appointments in order to seek listings
7. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee.

The Kansas Real Estate Commission published an article in its quarterly newsletter which provides guidance about what unlicensed personal assistants may and may not do.  The article indicates that it was adopted from similar articles published by the Missouri and North Carolina real estate commissions.

Unlicensed assistants in Kansas may not:

1. Answer questions concerning properties listed with the firm, except to confirm that the property is listed and to identify the listing broker or salesperson
2. Show property and discuss anything related to the property or related to its purchase
3. Discuss or explain a contract, listing, lease agreement, or other real estate document with anyone outside the firm
4. Negotiate or agree to any commission, commission split, or referral fee on behalf of a licensee

They may contact “the public for the purpose of setting an appointment for the broker to meet with them regarding buying or selling property and giving out general public information specifically authorized by the broker.”

Section 1. Personal assistants, office workers or clerical workers may 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;
5. Access information which requires membership in an industry trade group when 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;
10.b Be compensated in any manner other than salary or hourly wages with the exception that bonuses not based on performance are permitted; or
11.b Perform any activity which requires a real estate license.

Section 2.  Personal assistants, office workers, or clerical employees may perform the following tasks without a real estate license:

1. Distribute literature, serve refreshments, greet guests, procure guest signatures on a sign-in book, and perform other administrative tasks at an open-house if the licensee is physically present at the open house;
2. Provide the following general public information to others:
  a. Whether real estate is listed with the real estate company;
  b. Whether real estate is under contract with the company;
  c. Whether a real estate transaction has closed;
  d. The listing prices of the real estate;
  e. Other information about the property in writing provided the disclosure:
     1. Is approved by the supervising licensee; and
     2. Does not violate the licensee’s fiduciary duties to his client.
     3. Appear in advertisements and have name appear in advertisements if the advertisement does not indicate or imply the assistant has a real estate license;
     4. Contact others to set appointments on behalf of the supervising licensee;
     5. Receive confidential information from a consumer relative to a real estate transaction if the information is communicated only to the supervising licensee;
     6. Copy a key related to a real estate transaction at the direction of the supervising licensee; or
     7. Open real estate for any purpose relative to the real estate transaction with the consent of the licensee’s principal provided the assistant:
         a. Answers no questions about the real estate other than as specifically allowed by this administrative regulation or statute; and
          b. Does not show the real estate to a consumer.

Under the article, personal assistants may not:

1. Host open houses
2. Prepare promotional materials or ads without the review and approval of licensee and supervising broker
3. Show property listed for sale
4. Answer any questions on listings
5. Discuss or explain a contract, listing, or other real estate document with anyone outside the firm
6. Work as a licensee/secretary in one firm and do real estate-related activities with that firm, while licensed with another firm
7. Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
8. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee

1.   Answer the telephone and forward calls to a licensee
2.   Submit listings and changes to a multiple listing service
3.   Follow up on loan commitments after a contract has been negotiated
4.   Assemble documents for closing
5.   Secure documents (public information) from courthouse, public utilities, etc.
6.   Have keys made for company listings
7.   Write and place ads for approval of licensee and supervising broker
8.   Type contract forms at the direction of and for approval by licensee and supervising broker
9.   Compute commission checks
10. Place signs on property
11. Arrange the date and time of home, termite, and well/septic inspection, mortgage application, pre-settlement walk-through and settlement
12. Prepare flyers and promotional information for approval by licensee and supervising broker
13. Act as courier service to deliver documents, pick up keys, etc.
14. Schedule an open house
15. Schedule appointments for licensee to show listed property
16. Accompany a licensee to an open house or showing for security purposes or to hand out preprinted materials

An unlicensed personal assistant may not perform any of the following acts or provide any of the following services:

1.   Prepare promotional material or ads without the review and approval of the licensee and supervising broker
2.   Show property
3.   Answer any questions on listings, title, financing, closing, etc.
4.   Discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the brokerage
5.   Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
6.   Negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee
7.   Discuss the attributes or amenities of a property, under any circumstances, with a prospective purchaser or lessee
8.   Discuss, with the owner of real property, the terms and conditions of the real property offered for sale or lease
9.   Collect, receive, or hold deposit monies, rent, or other monies or anything of value received from the owner of the real property or from a prospective purchaser or lessee
10. Provide owners of real property or prospective purchasers or lessees with any advice, recommendations or suggestions as to the sale, purchase, exchange or leasing of real property to be listed or presently available for sale or lease
11. Hold himself or herself out in any manner, orally or in writing, as being licensed or affiliated with a particular company or real estate broker as a licensee
12. Contact the public concerning the availability of real estate brokerage services unless an inquiry about a specific property is immediately referred to a licensee.  

An article by the Commission states that unlicensed assistants:

1. May assist in hosting an open house, but may not answer any questions concerning the property, the price, or terms
2. May be hired for cold calling or surveying but must abide by:
 - disclosing that they are calling on behalf of salespersons or brokers, but that they are not themselves licensed; also must identify broker with whom affiliated
 - restricting their inquiry to whether the person would be interested in having a licensee contact them about their real estate needs; emphasis must be on contact with licensee, not property needs
 - not discussing price, terms, financing, etc.
 - being compensated on an hourly, flat fee or salary basis
3. May not disclose any information regarding a listed property except to state the address of the property and whether it is available for sale or lease

According to the Commission, an unlicensed assistant may not:

1. Host open houses, kiosks, home show booths or fairs, or hand out materials
2. Prepare promotional materials or ads without the review and approval of licensee and supervising broker
3. Show property
4. Answer any questions on listings, title, financing, closing, etc.
5. Discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the firm
6. Work as a licensee/secretary in one firm and do real estate-related activities with that firm, while licensed with another firm
7. Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
8. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee

The guidelines state that unlicensed assistants may not:

1. Show properties, either rentals or sales
2. Preview home unless accompanied by licensee
3. Place calls that would require a license such as cold calling, soliciting listings, contacting sellers/buyers or tenants in person or by phone, contacting expired listings, placing marketing calls, or extending open house invitation
4. Inspect and measure home unless accompanied by licensee
5. Open property for appraisers, inspectors, etc.
6. Attend settlement unless accompanied by licensee
7. Remove/install lock box
8. Negotiate or write contracts
9. Hold open house
10. Prepare promotional materials or ads without the review and approval of licensee and supervising broker
11. Answer any questions on listings, title, financing, closing, etc.
12. Discuss or explain a contract, listing, lease agreement, or other real estate document
13. Attend pre-settlement walk-through unless accompanied by licensee
14. Complete and execute rental agreements or leases
15. Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee
16. Solicit listings or management contracts from prospective clients
17. Negotiate the amount of rent, security deposit, or other lease provisions in connection with rental properties
18. Give out information on listed properties (doing so would in almost all instances constitute being involved in the negotiations of the sale of property)
19. Act as a "go between" with a seller and a buyer such as when an offer is being negotiated
20. Discuss terms of an earnest money agreement with a buyer or seller

A personal assistant who works exclusively for a licensee will ordinarily be an employee rather than an independent contractor under state and federal tax, unemployment and workers’ compensation law. The licensee must follow all such applicable laws. The licensee may pay an employee based on any formula agreeable to both parties so long as the assistant's compensation is not in any way related to listings or buyers solicited or obtained by the assistant.

1. Give general information about listed properties such as location, availability, and price (without any solicitation on behalf of the assistant)
2. Perform clerical duties, which may include answering the telephone and forwarding calls
3. Fill out and submit listings and changes to multiple listing services
4. Type contract forms for approval by licensee and supervising broker
5. Pick up and deliver paperwork to other brokers and salespersons
6. Follow up on loan commitments after a contract has been negotiated, and pick up and deliver loan documents requiring signatures
7. Obtain status reports on a loan's progress
8. Assemble closing documents
9. Obtain required public information from the Registry of Deeds, public utilities, etc.
10. Write advertising for approval by the licensee and supervising broker, and arrange to place the advertising
11. Have keys made for company listings, and place signs on listed property
12. Attend open houses to provide security, and hand out pre-approved promotional material
13. Gather information required for a Comparative Market Analysis
14. Schedule appointments for licensee to show a listed property
15. Drive clients to view properties which will be shown by the licensee

NM Admin Code Tit. 16  61.21.1

Title 16, Chap. 61, Part 21.8

Under the rule, unlicensed assistants may not:

1. Prepare legal documents such as listing and sale contracts
2. Interpret documents, offer opinions or advice
3. Disseminate and distribute information orally or in writing, unless the information is in writing and is prepared and approved by the responsible person
4. Obtain personal or property information from a client or customer of the responsible person except when acting as a coordinator directed by the responsible person by gathering and following up on information and the status of matters pertaining to the transaction after a contract has been executed
5. Pick up from or deliver to customers or clients financial documents prepared by title companies, lenders, or other third persons for the purpose of obtaining signatures
6. Attend a closing without the responsible person present
7. Show property without the responsible person present
8. Represent himself or herself as being a licensee or as being engaged in the business of buying, selling, exchanging, renting, leasing, managing, auctioning, or dealing with options on any real estate or the improvements thereon for others
9. Telephone solicitation of any kind designed to procure transactions requiring licensure under Section 69-21-1 et seq. NMSA1978, including, but not limited to, procuring buyers, sellers, listings, or appointments for listing presentation.

An Unlicensed Assistant is permitted to engage in the following activities:

8.1 Obtaining information pursuant to written instructions from the Responsible Person from public records, a Multiple Listing Service, Listing Exchange or from third party sources including, but not limited to, surveyors, banks, appraisers and title companies.

8.2.1 An Unlicensed Assistant does not discuss, negotiate or solicit offers for the property or provide any information other than printed materials prepared and approved by the Responsible Person; and

8.2.2 The Responsible Person is present at the open house where the Unlicensed Assistant is located;

8.2.3 All inquiries are referred to the Responsible Person or other Licensee. 

8.3 Disseminating and distributing information prepared and approved by the Responsible Person. 

8.4 Picking up and delivering paperwork to Licensees other than the Responsible Person

8.5 Picking up and delivering paperwork to sellers or purchasers after a contract has been executed if the paperwork has already been reviewed and approved by the Responsible Person, without answering any questions or providing any opinions or advice to the recipient of the paperwork.  All substantive questions must be referred to the Responsible Person. 

8.6 Writing advertisements, flyers, brochures, and other promotional materials, for the approval of the Responsible Person, and placing classified advertisements approved by the Responsible Person. 

8.7 Placing or removing signs on real property as directed by the Responsible Person. 

8.8 Ordering repairs as directed by the Responsible Person. 

8.9 Receiving and depositing funds, maintaining books and records, while under the supervision of the Responsible Person. 

8.10 Typing or word processing documents, including purchase and listing agreements, prepared by the Responsible Person

Under the article, the Commission has stated that unlicensed employees may not:

1. Show properties for sale to prospective purchasers
2. Solicit listings or management contracts from prospective clients
3. Answer questions concerning properties listed with the firm, except to confirm that the property is listed, to identify the listing broker or agent, and to provide such information as would normally appear in a simple, classified newspaper advertisement (e.g., location, price, number of rooms)
4. Prepare promotional materials or advertising of properties for sale or lease without the office broker-in-charge's review and approval
5. Discuss or explain listings, management agreements, offers, contracts, or other similar matters with persons outside the firm
6. Negotiate the amount of rent, security deposit, or other lease provisions in connection with rental properties managed by the firm

Under the article, an unlicensed assistant may not:

1. Make cold calls by telephone or in person to potential listers and purchasers
2. Show properties for sale to prospective purchasers
3. Host public open houses, host REALTOR® open houses, home show booths or fairs
4. Answer questions concerning properties listed with the firm, except to confirm that the property is listed, to identify the listing broker or salesperson, and to provide such information as would normally appear in a simple, classified newspaper ad (e.g., location, price, number of rooms)
5. Prepare promotional material or advertising of properties for sale or lease without the approval of the supervising broker
6. Discuss or explain listings, offers, contracts, or other similar matters with persons outside the firm
7. Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
8. Act as a "go-between" with a seller and buyer such as when an offer is being negotiated

1. Make cold calls by telephone or in person to potential listers or purchasers
2. Show properties for sale and/or lease to prospective purchasers
3. Host public open houses, host licensee open houses, home show booths or fairs
4. Answer questions concerning properties listed with the firm except only that information contained on the listing agreement as limited by the broker
5. Prepare promotional material or advertising or properties for sale or lease without the approval of the supervising broker
6. Discuss or explain listings, offers, contracts, or other similar matters with persons outside the firm
7. Be paid on the basis of real estate activity, such as percentage of commission, or any amount based on listings, sales, etc.
8. Act as a "go-between" with a seller and buyer such as when an offer is being negotiated
9. Negotiate or agree to any commission split or referral fee on behalf of a licensee

According to TAR's interpretation, an unlicensed assistant may not:

1. Interview prospects to determine the criteria for selecting a property or to determine the qualifications of a prospect
2. Act in a manner that would constitute a solicitation
3. Select properties for prospects to see
4. Input information into a computer when the secretary or clerical employee is making the decision about what to enter
5. Respond to inquiries about a property or prospect when the response requires communication of information that has not been specifically advertised
6. Act as a telemarketer for the purpose of determining if a property owner may be willing to list his or her property for sale or rent
7. Show  properties

The rule provides that unlicensed assistants:

1. May attend an open house and distribute preprinted literature written by a licensee, as long as a licensee is present and the unlicensed person furnishes no additional information concerning the property or financing and does not become involved in negotiating, offering, selling, or filling in contracts
2. May act only as a courier service in delivering documents, picking up keys, or similar services, as long as the courier does not engage in any discussion of, or filling in of, the documents
3. May be compensated for their work at a predetermined rate which is not contingent upon the occurrence of real estate transactions; licensees may not share commissions with unlicensed persons who have assisted in transactions by performing the services listed in this rule
4. May not engage in telephone solicitation or other activity calculated to result in securing prospects for real estate transactions, except as provided in R162-6.2.15.(a).

According to a Commission article, unlicensed assistants may not:

1. Converse with a prospect at an open house or assist in any manner that would be construed as assisting in the procuring of a prospect or contract
2. Present an offer
3. Relate any information about a property to anyone
4. Make appointments with a prospect
5. Host an open house
6. Do anything in relation to a real estate transaction

Under the guidelines, an unlicensed assistant may not:

1. Host an open house
2. Provide advice or guidance to a consumer with regards to a listing contract, property management contract, contract to purchase, etc.
3. Meet with owners to obtain or renew listing agreements, property management agreements, etc.
4. Present or negotiate offers
5. Enter into a rental contract on behalf of the licensee
6. Communicate with consumers about real estate transactions
7. Collect rents or agree to collect rent for the use of real estate
8. Receive a referral fee from a licensee
9. Be paid a percentage of the commission received by a licensee
10. Assist or direct in the procuring or prospects calculated to result in the sale, exchange, lease, or rental of real estate (includes making cold calls)
11. Give listing presentations
12. Interview buyers
13. Answer questions on listings or any item pertaining to any transaction
14. Give out information on listed property
15. Show property
16. Communicate with “for sale by owner”
17. Schedule listing appointments as a result of telemarketing survey asking home owners if they would like to speak with a licensee about their home.