201 KAR 11:440. Personal assistant

duties.

 

      RELATES TO: KRS 324.010(4),

324.030(6)

      STATUTORY AUTHORITY: KRS 324.281(5),

324.282

      NECESSITY, FUNCTION, AND CONFORMITY:

KRS 324.010(4) indicates a principal broker is the single broker responsible

for the operation of the company with which he or she is associated. KRS

324.030(6) provides that a nonlicensed person shall be exempt from KRS 324.020

if the nonlicensed person is engaged in specified activities under the

supervision of a licensed real estate broker. KRS 324.282 authorizes the Real

Estate Commission to promulgate administrative regulations necessary to

implement KRS Chapter 324. This administrative regulation establishes requirements

for a principal broker to exercise responsibility for the operations of a

company with regard to nonlicensed personnel activity.

 

      Section 1. A nonlicensed personal

assistant, office worker, or clerical worker shall not:

      (1) Negotiate terms of a real estate

transaction or real estate brokerage agreement;

      (2) Complete offers or contracts

relative to a real estate transaction;

      (3) Disclose information that is

available to a real estate licensee but is not available to the general public;

      (4) Attend a real estate closing

except to assist a licensee present at the closing;

      (5) Access information which requires

membership in an industry trade group if the supervising licensee is not a

member of the industry trade group;

      (6) Write or place advertisements

without review by a licensee;

      (7) Express material opinions on any

aspect of a real estate transaction to anyone other than the supervising

licensee;

      (8) Interpret real estate contractual

terminology for others;       (9) Represent to others that he has a real estate

license; or

      (10) Perform any activity which

requires a real estate license.

 

      Section 2. A nonlicensed personal

assistant, office worker, or clerical worker may perform the following tasks:

      (1) Distribute literature, serve

refreshments, greet guests, and procure guest signatures on a sign-in book at

an open-house, without a supervising licensee present at the open house if:

      (a) The seller or lessor provides

written consent for the assistant to serve in this capacity; and

      (b) The supervising licensee directs

the assistant to serve in this capacity;

      (2) Provide the following general

public information to others pursuant to KRS 324.030(6):

      (a) Whether real estate is listed

with the real estate company;

      (b) Whether real estate is under

contract with the company;

      (c) Whether a real estate transaction

has closed;

      (d) The listing price of the real

estate;

      (e) Other information about the real

estate if:

      1. The information is provided in

writing;

      2. Disclosure is approved by the

supervising licensee; and

      3. Disclosure does not violate the

licensee’s fiduciary duties to his client;

      (3) Appear in advertisements and have

his or her name appear in advertisements if the advertisement does not indicate

or imply the assistant has a real estate license;

      (4) Contact others to set

appointments on behalf of the supervising licensee;

      (5) Receive confidential information

from a consumer relative to a real estate transaction if the information is

communicated only to the supervising licensee;

      (6) Copy a key related to a real

estate transaction at the direction of the supervising licensee; or

      (7) Unlock real estate for any

purpose relative to the real estate transaction if:

      (a) The supervising licensee receives

the consent of the owner or lessor;

      (b) The assistant answers no

questions about the real estate other than as specifically allowed by this

administrative regulation or statute; and

      (c) The assistant does not show the

real estate to a consumer.

 

      Section 3. Supervision of a

nonlicensed personal assistant, office worker, or clerical worker shall require:

      (1) A principal broker to assign

supervision duties for each assistant to at least one (1) licensee, which may

be the principal broker, of the company;

      (2) The principal broker to require

all assistants working for a licensee of the company to be informed of the

requirements of this administrative regulation and the provisions of KRS

324.030;

      (3) A principal broker to establish a

policy by which a supervising licensee provides training for assistants in a

manner reasonably adequate to ensure compliance with this administrative

regulation;

      (4) A supervising licensee to provide

reasonable supervision of assistants in a manner which shall ensure compliance

with this administrative regulation; and

      (5) A supervising licensee to be

reasonably accessible to assistants in a manner which allows the assistant to

contact and locate the licensee concerning pending transactions. (27 Ky.R.

2005; Am. 2853; 3238; eff. 6-8-2001.)