Whether you refer to them as unregistered persons (Real Estate and Business Brokers Act, 2002) or unregistered assistants (in real estate practice), individuals not registered with RECO as either brokers or salespeople are limited in the scope of activities permitted and must not perform any task that generally falls under the definition of a trade.
According to REBBA 2002, trade includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, and the verb “trade” has a corresponding meaning.
Following is a list of what unregistered assistants are permitted (DOs) and not permitted (DON’Ts) to perform.
Unregistered Assistant DOs:
• Submit listings and changes to the Multiple Listing Service®
• Schedule appointments for registrants to show listed properties
• Type contract forms
• Place ‘For Sale’ signs on property on behalf of registrants
• Distribute listing information to the public
• Prepare and produce promotional material
• Install lockboxes
• Set up listing files, take photos of listings, complete fact sheets and deliver them to properties
• Deliver documents and pick up keys
The above is not an exhaustive list.
Unregistered Assistant DON’Ts:
• Conduct open houses or property showings
• Make cold calls (even if it’s on behalf of a salesperson/broker)
• Attend listing or sales presentation (unless accompanied by a registrant)
• Negotiate purchase contracts, listing contracts, rental agreements, or leases
• Negotiate agreements involving commission, commission split, management fees, or referral fees on behalf of registrants