18VAC135-20-335: Activities to be performed by licensees; activities permitted to be performed by non-licensees

A. The following activities may only be performed by an individual or business entity licensed in accordance with this chapter:

1. Showing property;

2. Holding an open house;

3. Answering questions on listings, title, financing, closing, contracts, brokerage agreements, and legal documents;

4. Discussing, explaining, interpreting, or negotiating a contract, listing, lease agreement, or property management agreement with anyone outside the firm; and

5. Negotiating or agreeing to any commission, commission split, management fee, or referral fee.

B. The following activities may be performed by an unlicensed individual or entity:

1. Performing general clerical duties, including answering telephones, responding by electronic media, and providing information shown on the listing;

2. Submitting listings and changes to MLS;

3. Following up on loan commitments after contracts have been ratified;

4. Having keys made for listings;

5. Computing commission checks;

6. Placing signs on properties;

7. Acting as a courier service;

8. Scheduling appointments;

9. Recording and depositing escrow funds;

10. Accepting security deposits, periodic rent, and other payments as contracted for in a rental agreement;

11. Preparing contract forms for approval of the licensee and supervising broker;

12. Accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia related to a rental transaction;

13. Preparing promotional materials and advertisements for approval of the licensee and supervising broker;

14. Assembling closing documents;

15. Obtaining required public information from governmental entities;

16. Monitoring license and personnel files;

17. Ordering routine repairs as directed by licensee; and

18. Performing any other activities undertaken in the regular course of business for which a license is not required.