Only a principal broker can hire a licensed personal assistant
While a licensed personal assistant (PA) can carry out the same activities as the employing principal broker, the principal broker should enter into a written agreement with the PA defining the direct supervision and control that the principal broker will have over the assistant.
The compensation program for a licensed PA can be a salary, commission, or a combination of both, just so long as the agreement has authorized the method. The company must also have a written office policy for the supervision and control of a licensed personal assistant and enter into written agreements with all principal brokers who employ licensed personal assistants.
The written agreement between an employing principal broker and a licensed personal assistant should include the following:
- The name of the real estate business;
- The parties to the agreement;
- The duration of the agreement and a provision for its termination;
- The employment status of the licensed personal assistant;
- The name of the principal real estate broker(s) with whom the licensed personal assistant is associated, with reference to written office policies and agreements establishing supervision and control of the licensed personal assistant;
- The duties and responsibilities of the licensed personal assistant, including any limitations on their ability to represent clients on behalf of the principal broker;
- The manner and means by which the licensed personal assistant is to be compensated, including reference to any principal broker authorization; and if necessary
- In all instances, a provision that a licensed personal assistant shall have the same agency relationships with clients as the principal broker.
Only a principal broker can hire a licensed personal assistant.
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OnlineEd blog postings are the author’s personal opinion and are not intended as legal advice. Be sure to consult the appropriate party when professional advice is needed. For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers, visit www.OnlineEd.com.
Jeff Sorg is a co-founder of OnlineEd®, an online real estate, mortgage broker, and vocational school founded in 1997, where he also serves as Chief Executive Officer, and School Director. Sorg holds vocational and post-secondary school instructor licenses in several states and has authored numerous real estate continuing education and pre-licensing courses and has been awarded the International Distance Education Certification Center’s CDEi Designation for distance education. Memberships include ARELLO (Association of Real Estate License Law Officials), the National Association of REALTORS®, Oregon Association of REALTORS®, and Portland Metro Association of REALTORS®. Awards and service include REALTOR® Emeritus in the National Association, Life Member award in Portland Metro Association and Chairperson of the Oregon Real Estate Forms Committee.
OnlineEd® provides real estate, mortgage broker, insurance, and contractor pre-license, post-license, continuing education, career enhancement, and professional development and designation courses over the Internet.