There is still some confusion as to whether or not an unauthorized personal assistant can sit down for a broker tour. First of all, it is necessary to clarify the definition of the brokers` tour. This would be a situation in which the listing of a broker would be open to a group of licensees to see the property. In other words, the house is not open to the public, but to a group of licensees. In this case, the Office of Banks and Real Estate stated, on the basis of informal interviews, that it was not following a case in which an unauthorized personal assistant was seated for a brokerage tour. The key is that it is not accessible to the public, which means that the unauthorized personal assistant has much less opportunity to participate in licensed activities. (The moment the public goes into each license is in danger) Lately, several requests have been made for us to address some of the issues associated with the use of personal assistants. This article, as well as the Sidebar article that accompanies the rules for the use of un conceded personal assistants, attempt to provide a small sketch of some of these problems. If you are a high-end production agent, consider hiring a personal assistant you need to need a written personal assistance agreement, indicating an agreement between them, the person you are hiring. This personal assistance agreement exists in two forms. One if you hire an assistant as an independent contractor. The other is when you hire an assistant.
Any sponsorship broker must have a written employment contract with each licensed personal assistant who supports a licensee sponsored by the sponsorship broker. This requirement applies to all licensed personal assistants, whether or not they are engaged in licensed activities as a personal assistant. The agreement covers the terms of the relationship between the labour owner or the independent contractor, including, but not limited to, supervision, obligations, compensation and termination. In both cases, you need something that shows what the assistant`s tasks are, and everything that comes with the work. What you need is a payment plan, a bonus plan and much more. There were reports of planned brokerage routes, but on the day of the tour, a sign of the open house was put in the yard. This would mean that the public would be invited and, in this case, the unauthorized personal assistant could not serve as the host. An unlicensed assistant may carry out, on a mandate and under the direction of a licensee, the following administrative, clerical or personal activities, without violating the licensing requirements of the law. The following list must serve as a clear and declarative manner to the law and not expand or reduce the scope of activities for which a licence is required by law. An unlicensed assistant of a licensee can: On the other hand, your seller wants the licensed P.A. to be paid every hour, but to be treated as an independent contractor.
As a senior broker, two of your concerns will be where the funds come to pay the hourly rate and whether the P.A. can legally be considered an independent contractor and not an employee. With respect to the first edition, your agreement with the seller could provide that the amounts paid to the P.A. will be deducted from the sub-commission cheques paid to the seller and that, to the extent that the amounts paid to the seller are less than those paid to the P.A. that the seller reimburses you. With respect to the second question, I would suggest that you, as a senior broker, convince you that the P.A. can legally be treated as an independent contractor. If the P.A. is ultimately considered an employee by the Internal Revenue Service, you are responsible, as an employer, for not withholding taxes, penalties and interest. 13. Recently, there has been some confusion as to what an unauthorized personal assistant may or may not do in relation to the accommodation of open houses or brokerage.