Q. I have an unlicensed assistant. What is he permitted to do?

A. The new DPOR regulations list what an unlicensed assistant may do: 
a. Perform general clerical duties, including answering the phones, responding by electronic media and providing information shown on the listing
b. Submit listings and changes to MLS
c. Follow up on loan commitments after contracts have been ratified 
d. Have keys made for listings 
e. Compute commission checks 
f. Place signs on properties
g. Act as a courier service 
h. Schedule appointments
i. Record and deposit earnest money deposits, security deposits, and advance rents
j. Prepare contract forms for approval of the licensee and supervising broker
k. Prepare promotional materials and advertisements for approval of the licensee and supervising broker 
l. Assemble closing documents
m. Obtain required public information from governmental entities
n. Monitor license and personnel files
o. Order routine repairs as directed by licensee
p. Be compensated for their work at a predetermined rate that is not contingent upon the occurrence of a real estate transaction 
q. Perform other activities undertaken in the regular course of business for which a license is not required.

However, such activities must be conducted under the supervision of the broker. 
18 VAC 135-20-165(7)

Q. Since the new regulations have defined unlicensed activity, have they also defined licensed activity?

A. Yes. The new regulations provide examples of licensed activity, but  also state that the list is not exhaustive. The following examples of activities that can only be performed by a licensee are provided in the new regulations: 
a. Show property
b. Hold an open house
c. Answer questions on listings, title, financing, closing, contracts, brokerage agreements and legal documents
d. Discuss, explain, interpret, or negotiate a contract, listing, lease agreement or property management agreement with anyone outside the firm 
e. Negotiate or agree to any commission, commission split, management fee or referral fee.
18 VAC 135-20-165(6)

Sarah Louppe Petcher is the general counsel for NVAR.