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BCFSA’s information is clear, concise, easy-to-read explanations of the requirements for real estate professionals under the Real Estate Services Act (“RESA”), Real Estate Services Regulation (“Regulation”), Real Estate Services Rules (“Rules”), and other applicable legislation.
This information is intended for use by real estate professionals, to support their understanding of the standards they must meet in the delivery of real estate services.
(a) Unlicensed Assistants
Unlicensed assistants may not provide any services on behalf of the real estate professional they work for that require a licence and are defined as real estate services under RESA. If you hire an assistant, regardless of the real estate sector you work for, you are responsible to ensure that they do not violate RESA by engaging in activities that are regulated. Paying an unlicensed assistant for any task that requires a license will put you offside of RESA and you will be subject to sanction.
Exemptions exist in the Regulations for caretakers employed by rental property and strata management brokerages. This exemption permits an unlicensed employee of the brokerage to provide specific services, such as the collection of rent, without being licensed to do so.
An unlicensed assistant must be an employee of the brokerage as defined in the Employment Standards Act to make use of an exemption outlined in the Regulations. If you, as a real estate professional, hire an assistant, and pay that assistant, they are not an employee of the brokerage and therefore are not eligible to claim an exemption from licensing for real estate services.