Unlicensed Assistant at an Open House
Maya is an unlicensed administrative assistant at a Virginia Beach brokerage. She has worked there two years, schedules appointments, and has never held a real estate license. The broker's top agent, Cole, is out of town and asks Maya to host a Saturday open house at 318 Larkspur Lane, pass out flyers, and 'answer whatever buyers ask.' The flyer and a social media post say: 'Call Maya-your agent for Larkspur Lane.' At the open house, a buyer asks Maya whether $410,000 is a fair price, whether the seller will take $395,000, and whether the school district is strong. Maya says the seller 'probably' would take $400,000 and that the schools are 'the best around.' Cole returns Monday and learns what happened.
1. Identify which of Maya's acts were permissible clerical support and which crossed into licensed activity under Virginia rules. Explain the distinction.
Read the worked answer
Permissible: greeting visitors, distributing broker-approved flyers, providing factual, pre-approved property information such as lot size or tax-record data, and scheduling appointments are clerical. Not permissible: giving a price opinion ('fair price'), quoting or predicting a seller's acceptance, interpreting school quality, or negotiating terms. Virginia licensing rules reserve brokerage activity-negotiating, listing, showing for compensation, and holding out as an agent-to licensed persons. Hosting an open house becomes licensed activity when the assistant answers substantive questions or represents the property. The safe rule: an unlicensed assistant may perform only administrative tasks under the licensee's direction and may not be the person conducting the substantive open house.
2. What should the broker do about the advertisement and Cole's supervision? Include concrete corrective steps.
Read the worked answer
The ad 'Call Maya-your agent' is misleading because Maya is unlicensed and the ad omits the brokerage name. The broker should remove or correct the ad immediately, ensure all advertising identifies the brokerage, and document the correction. The broker should also review supervision: Cole delegated licensed activity to an unlicensed person. Corrective steps include retraining Cole and Maya, adopting a written office policy listing permissible tasks, providing a script for open houses, and requiring closer broker review of ads. If the brokerage's policy or Virginia Board rules were violated, the broker should consult counsel and document remedial action; discipline is possible for the licensee who permitted the conduct.
3. At the open house, how should an unlicensed assistant have handled the buyer's three questions?
Read the worked answer
An unlicensed assistant should say: 'I can give you the preprinted fact sheet and take your contact information for the listing agent. I cannot give price advice or speak for the seller.' For the school question: provide only objective, broker-approved information or refer to the school district. For the price and offer question: do not speculate; offer to have Cole call. For the crawlspace: do not conduct a showing or characterize condition; schedule with Cole or a licensed agent. Write down the buyer's questions and give them to Cole.