Interns should never be unpaid employees, nor assigned duties of employees.
Internships are for the benefit of the intern, not the brokerage/licensees involved.
Interns should have an education plan with the brokerage and this education plan is better if their college is involved with the education plan. Internships should benefit the interns more than the brokerage/licensee.
Unlicensed individuals cannot practice real estate. Train the intern on this issue upfront.
Proper minimal wage employee status cures many intern issues.
Check with your BIC and insurers (e.g., workers comp, E&O, general liability) upfront regarding interns. Make a risk versus reward decision.
What if the intern is injured or harassed? Lawsuits? Insurance issues?
What if the intern causes injuries or harassment? Lawsuits? Insurance issues?
What if the intern has a vehicle incident with injuries/death or others injured/killed? Lawsuits? Insurance issues?
Background check?
Confidentiality?
Access to confidential information?
Access to computer systems?
Training?
Supervision?
The bokerage attorney properly drafts and executes the internship agreement (e.g., non-employee duties, education, benefits, no assigned schedule like an employee, agreement of no money, insurance, confidentiality, training – anti-harassment, fair housing, tech, anti scams/ransomeware, social media policy, behavior, expectations, time frame, education plan, benefits of internship).
Call the hotline!
Posted by: Byron King on 5/6/26 (This information is only accurate as of 5/6/26. You must contact SCR for updates and changes to this information after 5/6/26, 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.