Does your Assistant need a license in Texas?
What Can an Unlicensed Assistant Do for a Real Estate Agent in Texas? (2025 Guide)
If you’re a real estate agent in Texas looking to scale your business without breaking the bank (or the law), hiring an unlicensed assistant can be a game-changer. These team members can handle a surprising amount of day-to-day work — as long as they stay firmly on the right side of the Texas Real Estate License Act (TRELA) and Texas Real Estate Commission (TREC) rules.
Here’s the complete 2025 breakdown of what unlicensed assistants can and cannot do, straight from TREC guidelines.
âś… Tasks Unlicensed Assistants CAN Perform
These are the green-light activities that keep your office running smoothly without requiring a license:
- Administrative & clerical work Typing contracts exactly as directed, data entry, filing, scanning, and organizing paperwork.
- Schedule appointments Setting up showings, inspections, or client meetings for a licensed agent.
- Confirm advertised information Verifying publicly advertised details like price, square footage, availability, or compensation — as long as it’s already in the ad.
- Answer phones (with disclosure) Greeting callers, identifying themselves as unlicensed, taking messages, and forwarding leads to a licensed agent.
- Office management Ordering supplies, scheduling office maintenance, managing calendars, and handling basic HR tasks like training or motivating staff.
- Bookkeeping (with limits) General accounting and tracking expenses — but never withdrawing from trust accounts.
- Property management support Arranging repairs, collecting maintenance requests, and bookkeeping for rental properties (but not accepting or depositing rent themselves in most cases).
- On-site apartment managers Acting as an apartment complex manager or helping an owner lease their own property (when employed directly by the owner).
❌ Tasks Unlicensed Assistants CANNOT Perform
Cross these lines, and you’re practicing real estate without a license — a serious violation that can lead to fines or worse.
- Show properties or host open houses No unlocking doors, no giving tours, no pointing out features.
- Solicit business Cold-calling homeowners to ask if they’re thinking of selling? Big no. That’s licensed activity.
- Negotiate or discuss contracts They can’t explain terms, suggest changes, or “help” clients fill out forms beyond typing exactly what the agent dictates.
- Qualify buyers or tenants Asking “What’s your budget?” or “When do you want to move?” to screen leads is off-limits.
- Select properties for clients Pulling comps or recommending listings based on client needs requires a license.
- Answer non-advertised questions “Are the schools good?” or “When was the roof replaced?” — they must refer those to a licensed agent.
- Collect or deposit rent (in most cases) Especially for single-family homes or third-party management — this is considered brokerage activity.
- Supervise licensed agents An unlicensed person cannot direct or oversee the real estate activities of license holders.
Pro Tips for Staying Compliant
- Always disclose status — If your assistant speaks to the public, they must say, “I’m an unlicensed assistant working under [Agent Name].”
- Supervision is mandatory — All tasks must be under the direct oversight of a licensed broker.
- Document everything — Keep clear records showing the agent (not the assistant) made all substantive decisions.
- When in doubt, check TREC — Rules can have nuances, especially in property management.
Final Thoughts
An unlicensed assistant can free up 20–30 hours of your week for high-value activities like lead generation, negotiations, and closings — without the cost of another licensed agent. Just make sure their role stays strictly administrative and supportive.
For the most current rules or specific scenarios, always refer to the official TREC website or consult your broker.
Last updated: November 11, 2025 Sources: Texas Real Estate Commission (TREC) Guidelines, TRELA §1101, TREC Rules §535.2, §535.4
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