Non-license Real Estate assistant

24 Replies

Good Evening. I'm looking for a Real Estate agent or Broker I can get San Antonio MLS access from. I'm working for a cash buyer that buys distressed properties for flips and rentals. If anyone can help me or know someone that can please contact me. Thank you.

Why would an agent want to chance losing their MLS access, and essentially their real estate sales future?

Originally posted by @Zach Sikes :

@Christine Magee 

In what capacity are you working for the buyer?

 Finding good investment properties. On and off the market.

Originally posted by @Wayne Brooks :

Why would an agent want to chance losing their MLS access, and essentially their real estate sales future?

Wouldn't be risking they're license. Non real estate personnel can gain access to MLS through a broker they just have to pay for it.

@Christine Magee if you were a licensed realtor in the past, why don't you renew your license? You know what the code of ethics are and the rules about real assistants. It's a little odd to me to see someone who was licensed 3 years ago asking for licensed agents or brokers to "give" them access to the MLS?

Originally posted by @Robert Leonard :

@Christine Magee if you were a licensed realtor in the past, why don't you renew your license? You know what the code of ethics are and the rules about real assistants. It's a little odd to me to see someone who was licensed 3 years ago asking for licensed agents or brokers to "give" them access to the MLS?

 Although I was licensed I didn't practice and I'm not clear on the laws. I took my real estate courses 20 yrs ago. I'm not looking to cut out an agent. Just looking to do all the work for them. I was told this was something I could do. I'm guessing by the response in getting this is not the case. Thank you for all the responses.

No, a broker can Not simply let a non licensed person simply pay for MLS access. The exception for an assistant is just that, for purpose of an assistant who is working under the direction and supervision of an agent, for that agent.

I am speaking from experience. In most states, an agent can allow ANY "assistant" MLS access, they just have to have it signed off on by the broker. The "assistant" access is paid for outside of the broker. There is no risk of losing MLS access or license and the "assistant" does not even need to be in the same state. Virtual assistants are used all the time for research and given MLS access as assistants daily. All you have to do is find an agent willing to allow you access who actually knows how the system works rather than being afraid of it. Check with Realtors who are licensed in San Antonio to get your best answer, because the MLS there may have different restrictions.

My partner is an agent and I work under him. I access the MLS. I've asked him about it several times, he said it is perfectly fine for me to access MLS and to even show houses that he is selling. It's just that all the legal aspects and paperwork must be handled by the licensed realtor.

Originally posted by @Christine Magee :
Originally posted by @Wayne Brooks:

Why would an agent want to chance losing their MLS access, and essentially their real estate sales future?

Wouldn't be risking they're license. Non real estate personnel can gain access to MLS through a broker they just have to pay for it.

Absolutely the broker/agent is risking their license under this scenario.  You would be required to register with SABOR as a unlicensed assistant and the agent/broker would be responsible/accountable for any of your real estate activities.  From your statement, it appears that you could be engaging in real estate activities that would require a license therefore opening up the agent/broker to sanctions from the Board of Realtors as well as the Texas Real Estate Commision

512-293-3885
Originally posted by @Joe Pickett:

My partner is an agent and I work under him. I access the MLS. I've asked him about it several times, he said it is perfectly fine for me to access MLS and to even show houses that he is selling. It's just that all the legal aspects and paperwork must be handled by the licensed realtor.

Have you registered as a unlicensed assistant as required with SABOR(San Antonio Board of Realtors) ? This is required for you to have MLS access

If so or it appears that you have held yourself out to be unlicensed assistant to John.  Here is a list of activities that you can or cannot do in Texas :

GUIDELINE OF THE STATE REAL ESTATE COMMISSION

REAL ESTATE ASSISTANTS AND UNLICENSED INDIVIDUALS

The State Real Estate Commission is regularly questioned about what duties are

permissible for assistants and other unlicensed individuals. The answer depends upon

whether the individual is licensed or unlicensed.

Unlicensed

An unlicensed assistant or individual may not perform any duties that require licensure.

An unlicensed assistant or individual may not, for example:

1. Host an open house to be attended by the public.

2. Explain or interpret information on the listing sheets to licensees or the public,

whether in person, over the telephone or over the Internet.

3. Provide information on the style of the home, location of the home, lifestyle or

amenities available.

4. Tour/show a model to the public.

5. Discuss prices, price ranges or mortgage rates with the public.

6. Engage in telemarketing, excluding cemetery sales.

An unlicensed assistant or individual may for example:

1. Furnish information from listing sheets to other real estate licensees/offices.

2. Host an open house to be attended by only real estate licensees.

3. Prepare and distribute brochures about listed properties to other real estate offices.

4. Erect “for sale” signs.

5. Maintain lock boxes.

6. Perform general clerical duties.

Unlicensed assistants or individuals may be employed, supervised and directly

compensated by a broker, associate broker or salesperson. Licensees who permit

unlicensed assistants or individuals to perform services that require licensure (i.e. those

listed in the first category), may be disciplined for aiding and abetting unlicensed practice

As far as showing John's listings you can basically unlock the door and that is all.

Based on the other thread and your assumption that we are all negative, I assure you that it is not the case from me.  You have held yourself out on this message board as doing this and that am I am trying to point out that some of these activities may not be legal.

The real estate business is my passion and livelihood and it appears that it is your as well.  Be careful what you post as I would hate for it to effect another fellow member of the real estate community

512-293-3885

I work with John, I access the MLS when we're in the office, it's worth checking on the assistant aspect though, it doesn't cost anything much, I'll mention it to him.

I do unlock the door and that is all. We are doing nothing illegal. Sorry. I don't 'assume' all are anything. There are some negative characters on this board. We do nothiing illegal or unethical in any way. Thanks!

I have an idea Greg, let's not bring other thread discussions into this thread. Cool? It's called thread highjacking and probably 'unethical' in terms of BP behavior. Thank you. 

As I have said many times before people BEND or MANIPULATE laws in place  to justify what they are doing is correct.

If the investors, assistants, wholesalers have a bad deal happen they say " Oh no I am not licensed so sorry about that ". The brokerage is they one that gets hammered.

These people are out for a quick buck plain and simple.

There are laws in place over licensed assistant activities and unlicensed assistant activities. There are people everyday that ride close to the flame or over in hopes of not getting burned. The question is what value do these people bring to the brokerage to put everything on the line that someone has built up for decades?? NOTHING

A company that is investor owned might allow something like this because they make money on investing and became licensed just for access. If something goes wrong they shut the brokerage down and lose the license and keep investing.

For brokerages that consider this a profession there is a value to the business that is built up and earned over time. You do not put that at risk lightly.

Some MLS's are REALTOR controlled and others are third party for profit sites or they are non-profit. Even within states there might be one or multiple mls's. So the answer is a complex one and each individual needs to check and verify the laws where they are engaging in business to make sure they are in compliance. Do not listen to here say and try to play dumb when you get caught. Instead get a written legal opinion you can stand behind that what you are doing is okay.

No legal advice given.    

Originally posted by @Joe Pickett:

I work with John, I access the MLS when we're in the office, it's worth checking on the assistant aspect though, it doesn't cost anything much, I'll mention it to him.

I do unlock the door and that is all. We are doing nothing illegal. Sorry. I don't 'assume' all are anything. There are some negative characters on this board. We do nothiing illegal or unethical in any way. Thanks!

What have I said that is negative as that seems to be the card you play with every questions presented ?

You are the one that stated that its ok to access the MLS and I just pointed out that you must be an unlicensed assistant to do so by SABOR MLS rules whether he is in the office with you or not. Is that negative ?

512-293-3885

Nope. As I said I'll look into it. 

I didn't say you are anything at all. I've noticed some negative characters on this board. 

Would you like to meet up personally? Call me. We can get a group of you local guys together and perhaps you'll learn something new about a form of REI with which you are not familiar.

Any time. Name it.

I have many BP friends emailing me and saying 'there  are some negative people on this board.' 

It is not a unique observation on my part, Greg. 

We will meet up with you and other skeptics any time. POF will be needed of course.

'

The real estate business is my passion and livelihood and it appears that it is your as well. Be careful what you post as I would hate for it to effect another fellow member of the real estate community'

Yes, I know you do care, fair enough. I will actually look at the RE assistant angle because it looks kind of gray to me. Thanks !

Peace.. Sorry to the OP! Good luck. 

I think this has been covered in this thread but as a licensed agent ---

I would not give anybody (licensed or not) access to my MLS account (under the circumstances described) because I'm cutting myself out of a sale!

I work with investors and am fine with feeding them the information they need to analyse properties, but that's different than giving someone else access to MLS that I pay for. Doesn't make any sense from a business standpoint.

Originally posted by @Joe Pickett:

My partner is an agent and I work under him. I access the MLS. I've asked him about it several times, he said it is perfectly fine for me to access MLS and to even show houses that he is selling. It's just that all the legal aspects and paperwork must be handled by the licensed realtor.

Showing houses?  A real estate license is required for that activity in Florida.

John Thedford, Real Estate Agent in FL (#BK3098153)
239-200-5600

Thank You. If anyone knows an agent or a broker that can list me as a non license assistance please let me know. I'm working on getting my license again. I have to take promulgated forms and a fresher class and retest but I would like access before that. Simply to look not cutting anyone out of deals. Ustinov want to do my own research and not tie up an agent with something I can do. They can handle the paper work when I find it.

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