Unlicensed Personal Assistant and Open House

Q: I am a broker and have a conflict with an open house that I scheduled for this weekend, so I’d like to send my personal assistant instead. My assistant does not have a real estate license and will be there in my place to usher people into the house and have them sign an attendance roster. I have two questions- first, can my assistant do this for  me without a real estate license and second, when we finally sell the house, can I give my assistant a little bonus for helping me out this way?

A: “It depends,” to the first question, and “no” to the second. As you are aware, an unlicensed personal assistant may not perform any function which requires a real estate  license. For example, such an assistant may neither show properties for sale to prospective purchasers nor discuss or explain offers, contracts, or other similar matters with  prospective purchasers. Furthermore, an unlicensed personal assistant may answer only limited questions concerning properties listed with the firm, that is, confirming that  the property is listed, identifying the listing broker or salesperson, and providing information as would normally appear in a simple advertisement, such as location and price.  So, an unlicensed personal assistant truly cannot “replace” you. If your unlicensed assistant is going to act as nothing more than a traffic cop or “security guard” at the open  house, then it’s probably okay for him or her to do that for you. But, keep in mind that this is what is known as a “slippery slope.” Human nature is to want to help people, and  prospective purchasers at open houses ask all kinds of questions, like, “Do you know how old that roof is?” and “Why is the house vacant?” Even if your unlicensed assistant  knows the answer, if she he or she responds to the prospect, he or she is probably crossing the line. Even something as seemingly innocuous as your unlicensed assistant  saying, “Isn’t this a great kitchen?” is going to be a problem. Sending your unlicensed personal assistant in this scenario is not only risky, but just plain awkward for everyone  involved and probably not an efficient use of anyone’s time. An unlicensed assistant may be compensated by salary or hourly wages, but should not be paid on a per-transaction basis, such as through commissions or bonuses. Tying a bonus to a transaction as you are suggesting is likely to run afoul of the North Carolina real estate  licensing law’s prohibition against payment of commissions to unlicensed persons.