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Understanding SAVA's Legal Limitations
of Real Estate Support Services
Real
Estate Professionals (REPs) work in a heavily regulated industry -- one that can be VERY unforgiving if they, or the VAs who
work with them, act outside applicable regulations. One of SAVA's primary obligations is to be familiar with, AND
ABIDE BY, industry laws and regulations at all times.
IMPORTANT: If an unlicensed assistant performs prohibited acts (acts which would ordinarily require a real estate
agent's license) -- even without the REP's knowledge -- the REP may be subject to disciplinary actions which may include
license suspension or revocation, a letter of reprimand, probation, and/or assessment of a civil penalty. Laws regulating the types of duties that may be performed by unlicensed assistants vary from
state to state, and as Real Estate Support Specialists, we may be assisting Real Estate Professionals in numerous states.
Accordingly, the information we provide here follows regulations as they apply to the MAJORITY OF STATES -- not necessarily
to YOUR state, in particular. In our practice, when SAVA is uncertain whether a specific act is permitted, we will take a
conservative stance. ERR ON THE SIDE OF CAUTION.General
Rules On SAVA's "May Perform" Duties:- Call
people to schedule appointments.
- Call the owners
of properties listed by the brokerage to schedule showings, closings, or inspections.
- Prepare market value analysis forms.
- Compile listing packages.
- Input listings
into Multiple Listing Service (MLS) and handle Multiple Listing Service changes.
- Answer the telephone, take messages, and forward calls to the REP.
- Assemble documents for a closing.
- Secure public information from a courthouse, sewer district, water district, or other repository
of public information.
- Draft advertising copy and
promotional materials for approval by a licensee.
- Prepare listing presentations.
- Complete contract forms with business and factual information at the direction
of and with approval by the REP.
- Monitor licenses
and personnel files.
- Order items of routine repair
as directed by the REP.
- Act as a courier to deliver
documents, pick up keys, etc.
- Purchase and send
closing gifts to clients.
- Place routine telephone
calls on late rent payments.
- Coordinate direct
mail campaigns.
- Create flyers and brochures.
- Deliver documents such as offers and counter-offers.
- Address and mail open-house invitations and thank you notes to open-house attendees.
- Enter listings on
office "listing board."
- Mail copies of
ads to sellers
- Communicate with sellers and buyers
regarding delivery or pick-up of keys.
- Order legal
description and plot plan at the direction of the REP.
- Mail
expired and For Sale By Owner (FSBO) letters.
- Assist
with organization of agent tour.
- Install and remove
lock boxes.
- Assemble For Sale By Owner and expired
leads for follow up by REP.
- Communicate with escrow
officer/branch escrow secretary to keep up to date on all activities during the escrow period.
- Inform seller or buyer of title transfer and deliver or pick up keys.
- Gather the names, addresses, and phone numbers of all parties to the transaction,
including sellers, buyers, REPs, loan officer, title company, etc.
- Keep calendar of all important dates, i.e., loan application, loan approval, inspections, satisfaction of contingencies,
title transfer, etc.
- Process incoming and outgoing
referrals at the request of the REP.
- Perform bookkeeping
activities.
- Handle transaction record-keeping.
- Perform other administrative, clerical, and personal activities for which
a license is not required.
General
Rules On SAVA's "May NOT Perform" Duties- Make
representations about the services offered by the real estate brokerage.
- Interpret information on
listings, titles, financing, contracts, closings, or other information relating to a transaction.
- Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee.
- Ask, answer, or discuss questions concerning asking price, address, number
of bedrooms, or other qualities of a property.
- Interpret
documents or answer questions concerning documents.
- Ask
owners questions as to their housing needs in order to determine their interest in listing their property.
- Gather information on an owner's house or a home an owner may be looking
for.
- Provide information to the owner on properties
listed.
- Request the names of others interested
in buying or selling a property.
- Direct or assist
in the procuring of a prospect which is calculated to result in the sale, lease, or exchange of real estate.
- Prepare promotional materials or ads without the review and approval of REP.
- Discuss or explain a contract, listing, lease, agreement, or other real estate
document with anyone outside the firm.
- Answer general
questions on listings, title, financing, closings, or otherwise negotiate.
- Answer general questions from a listing sheet including explaining, promoting, or negotiating with regard to listed
property.
- Conduct telemarketing or telephone canvassing
to seek listings.
- Perform any activity which requires
a real estate license.
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