Drawing the Line: What Can an Unlicensed Real Estate Assistant Actually Do in North Carolina?

The High-Wire Act of Real Estate Assistance

Hiring an assistant is a critical step for any busy North Carolina real estate broker. They handle the administrative hustle, freeing you up to focus on clients and closings. However, the line between helpful support and illegal brokerage is razor-thin. So, can an unlicensed assistant engage in brokerage activities in North Carolina?

The short answer from the North Carolina Real Estate Commission (NCREC) is a definitive NO. Any activity that falls under the statutory definition of real estate brokerage requires an active license. Violating this rule can lead to severe penalties for both the unlicensed assistant and the supervising broker-in-Charge (BIC).

What Unlicensed Assistants Cannot Do (The Red Zone)

The general rule is that an unlicensed person cannot engage in any activity that requires judgment, negotiation, or discussion about the details of a property or transaction. This includes, but is not limited to:

Showing Property: An unlicensed assistant may not show or exhibit properties for sale to prospective buyers. (Note: A limited exception exists for showing rental properties managed by the firm, provided they are salaried, but this is a slippery slope).
Negotiating: They cannot discuss, interpret, or explain a listing agreement, offer to purchase, lease, contract, or any other closing documents with clients.
Solicitation: They cannot cold call or prospect to generate business, solicit listings, or solicit property management contracts.
Hosting Open Houses: They cannot host or sit at an open house alone and engage in conversations that go beyond basic facts provided in printed materials.
Compensation: They cannot be paid a commission, bonus, or any compensation that is contingent upon or directly related to the closing or success of a real estate transaction. They must be paid a salary or hourly wage.

What Unlicensed Assistants Can Do (The Green Zone)

Fortunately, the NCREC permits an unlicensed assistant to handle a wide range of essential administrative and clerical tasks. These activities are critical for a brokerage’s efficiency:

Category	Permitted Activities
Administrative	Answer phones, forward calls, take messages, input data into the MLS (based on broker-provided information), and manage client files.
Document/Courier	Act as a courier, deliver documents, obtain public documents (like tax records or recorded deeds), and assemble closing packages.
Marketing Support	Prepare and design advertising (subject to broker approval), post on social media, manage sign-in sheets at an open house, and place “For Sale” signs (as directed).
Property Care	Coordinate or confirm appointments (e.g., inspectors, appraisals), order routine or minor repairs, and obtain keys for a listing.

Protecting Your Brokerage: The BIC’s Responsibility

In North Carolina, the Broker-in-Charge (BIC) holds the ultimate responsibility for supervising all brokers and unlicensed assistants affiliated with the firm. If an unlicensed assistant is caught performing illegal brokerage, the BIC faces disciplinary action from the NCREC, including fines, license suspension, or revocation.

To stay compliant with NC Brokerage Law, brokers must implement strict written policies, provide continuous training, and clearly define the scope of the assistant’s duties. An unlicensed assistant should never be the primary contact for a buyer or seller.

Key Takeaway