S.C.. Code § 40-57-135

✅ What Unlicensed Assistants CAN Do (Clerical & Administrative)

Unlicensed assistants are strictly limited to administrative, clerical, and supportive tasks. They can:

  • Handle Data Entry: Type contracts, addendums, and listing paperwork based on explicit, written instructions from the licensee.

  • Manage Transaction Software: Upload, organize, and share documents via Dotloop, DocuSign, or other transaction management platforms.

  • Act as a Courier: Deliver or pick up documents to be delivered to the BIC/closing attorney, or keys.

  • Gather Public Information: Pull tax records, deed information, or basic property data from public county websites.

  • Coordinate Schedules: Schedule showings (acting as a dispatcher), home inspections, and closing times.

  • Place Field Items: Put up or take down "For Sale" signs and install lockboxes.

  • Handle Basic Communications: Answer phones, take messages, and pass inquiries directly to the licensed agent.

  • Assist with Marketing: Draft flyers, social media posts, or brochures, provided all materials are reviewed and approved by the licensee and Broker-in-Charge before publication.

❌ What Unlicensed Assistants CANNOT Do (Requires a License)

Under SC law, an unlicensed individual working under a broker or property manager is strictly prohibited from performing activities that require a real estate license. They may NOT:

  • Discuss, Negotiate, or Explain Contracts: They cannot explain the terms of a buy-sell agreement, listing agreement, buyer agency agreement, or addendum to a client or another agent.

  • Show Property: They cannot show real property for sale to prospective buyers (acting as an unlicensed "showing agent" is strictly illegal in SC).

  • Host Open Houses: They cannot conduct or host an open house, nor can they manage an on-site sales office.

  • Answer Complex Questions: They cannot answer questions regarding company listings, title, financing, or closing issues, except by reading verbatim from information that is already publicly available (like an MLS public printout).

  • Negotiate Commissions: They cannot negotiate or agree to compensation or referral fees on behalf of a licensee.

  • Cold Call for Leads: They cannot telemarket or make calls to the public specifically to solicit new real estate business.

Note on Compensation:

South Carolina law (S.C. Code § 40-57-135(K)(8)) explicitly prohibits paying an unlicensed assistant solely on the basis of real estate activity. This means you cannot pay an unlicensed assistant a "percentage of the commission" or strictly pay them a bonus only when a transaction closes. They must be paid a regular salary, an hourly wage, or a flat per-file administrative fee that is paid regardless of whether the deal successfully makes it to the closing table.

Posted by: Byron King on 7/14/26 (This information is only accurate as of 7/14/26. You must contact SCR for updates and changes to this information after 7/14/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)

This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.