More control, may make into an employee (e.g., schedules, equipment/software provided). Follow employment laws.
Over time and knowledge, the unlicensed individual may cross the lines, especially the yellow highlights below, especially on the phone with consumers, paralegals, lawyers, inspectors, contractors, appraisers, surveyors, brokers, agents, etc.
A licensed assistant avoids many of this risks and can do more tasking.
The blue highlights show the practice of real estate in SC.
(K) For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not:
(1) discuss, negotiate, or explain a contract, listing agreement, buyer agency agreement, lease, agreement, property management agreement, or other real estate document;
(2) vary or deviate from the rental price or other terms and conditions previously established by the owner or licensee when supplying relevant information concerning the rental of property;
(3) approve applications or leases or settle or arrange the terms and conditions of a lease;
(4) indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property;
(5) conduct or host an open house or manage an on-site sales or leasing office;
(6) show real property for sale other than vacant units in a multifamily building;
(7) answer questions regarding company listings, title, financing, and closing issues, except for information that is otherwise publicly available;
(8) be paid solely on the basis of real estate activity including, but not limited to, a percentage of commission or an amount based on the listing or sales compensation or commission;
(9) negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee; or
(10) engage in an activity requiring a real estate license as required and defined by this chapter.
(6) "Broker" means a supervised licensee who has met the experience and education requirements and has passed both the state and national portions of the examination for a broker license and who, for a fee, salary, commission, referral fee, or other valuable consideration, or who, with the intent or expectation of receiving compensation:
(a) negotiates or attempts to negotiate the listing, sale, purchase, exchange, lease, or other disposition of real estate or the improvements to the real estate;
(b) auctions or offers to auction real estate in accordance with Section 40-6-250;
(c) for a fee or valuable consideration solicits a referral;
(d) offers services as a real estate consultant, counselor, or transaction manager;
(e) offers to act as a subagent of a real estate brokerage firm representing a client in a real estate transaction; or
(f) advertises or otherwise represents to the public as being engaged in any of the foregoing activities.
(L) A licensee is not required to maintain records of communications that are not designated to be retained or to create a permanent record such as text messages, instant messaging system-formatted messages, voicemail, voice recordings, or social media posts.
This information is only accurate as of 11/20/25. You must contact SCR for updates and changes to this information after 11/20/25 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.