Ill. Admin. Code tit. 68 § 1450.740

Current through Register Vol. 48, No. 21, May 24, 2024

Section 1450.740 - Unlicensed Assistants

a) Licensees may utilize the services of unlicensed assistants to assist them with administrative, clerical or personal activities for which a license under the Act is not required. Compensation for unlicensed assistants cannot be transaction based.

b) An unlicensed assistant, under the supervision of a licensee, may engage in the following activities. This list is not intended to increase or decrease the scope of licensed activities.

1) Answer the telephone, receive inquiries, and forward messages and inquiries to a licensee;

2) Submit listing data and changes to a multiple listing service;

3) Follow up on a transaction after a contract has been signed;

4) Assemble documents for a closing;

5) Obtain public information from any government source (e.g., a courthouse, sewer district, water district or other repository of public information);

6) Have keys made or secure entry codes for a listing;

7) Draft advertising copy and promotional materials for approval by a licensee or, in the case of a new broker licensee who has not successfully completed the 45-hour post-license education, with the approval of the designated managing broker;

8) Place advertising;

9) Record and deposit earnest money, security deposits and rents at the direction of, and with approval by, the designated managing broker;

10) Complete contract forms with business and factual information at the direction and approval of a licensee or, in the case of a new broker licensee who has not successfully completed the 45-hour post-license education, with the approval of the designated managing broker;

11) Monitor licenses and personnel files;

12) Compute commission checks and perform bookkeeping activities;

13) Place signs on property;

14) Prepare and distribute promotional information under the direction and approval of a licensee or, in the case of a new broker licensee who has not successfully completed the 45-hour post-license education, with the approval of the designated managing broker;

15) Schedule appointments for the licensee (this does not include making phone calls, telemarketing or performing other activities to solicit business on behalf of the licensee);

16) Respond to questions by quoting directly from published information;

17) Sit at a property for a broker tour that is not open to the public;

18) Gather feedback on showings; and

19) Provide concierge services and other similar amenities to existing tenants.

c) An unlicensed assistant of a licensee may not perform licensed activities, including but not limited to:

1) Hosting open houses, kiosks, or home show booths or fairs;

2) Showing property;

3) Interpreting information regarding listings, titles, financing, contracts, closings or other information relating to a transaction;

4) Explaining or interpreting a contract, listing, lease agreement or other real estate document for or with anyone; or

5) Negotiating or agreeing to any commission, commission split, management fee or referral fee on behalf of a licensee.

d) Any licensee who supervises an unlicensed assistant shall be responsible for the unlicensed assistant's acts or omissions. Any licensee who permits, aids, assists or allows an unlicensed assistant to perform any licensed activities shall be in violation of the Act.

e) A licensee is prohibited from acting as an assistant, as provided for in this Section, for any licensee other than the licensee's sponsoring broker or a licensee sponsored by the same sponsoring broker.

Ill. Admin. Code tit. 68, § 1450.740

Amended at 40 Ill. Reg. 12588, effective 9/2/2016

Amended at 45 Ill. Reg. 2851, effective 2/23/2021