MINNESOTA REALTORS® FORMS USE POLICY CHANGE AND ACCESS BY UNLICENSED ASSISTANTS

The Minnesota REALTORS® recently became aware that many of our REALTOR® members were allowing their administrative staff to access and use the Minnesota REALTORS® approved forms which was prohibited under the Minnesota REALTORS® Forms Use Policy (“Policy”).
The Minnesota REALTORS® Risk Management Committee and the Executive Committee reviewed the current Policy and determined there is value to our REALTOR® members in allowing administrative staff to access the Minnesota REALTORS® approved forms to assist in tracking transactions and, if they are licensed assistants, to assist in drawing up the contracts.
Therefore, the Risk Management Committee recommended, and the Executive Committee approved, a modification to the Forms Use Policy to allow for administrative staff employed by or affiliated with a REALTOR® member to have access to the Forms for the purpose of providing lawful and permissible assistance related to use of the Forms.
– IMPORTANT LEGAL INFORMATION-
In modifying this Policy to allow administrative staff access to the Forms it is imperative that you are aware of the legal and ethical restrictions and risks associated with unlicensed persons accessing legal contracts.
Unlicensed assistants and unlicensed administrative staff may NOT draw up or assist in drawing up the forms. Doing so would be in violation of Minn. Stat. § 481.02, unauthorized practice of law. Licensed real estate brokers, salespersons, and closing agents are allowed to draw up legal contracts as specifically permitted under Minn. Stat. § 481.02, Subd. 3a.
Also note that each licensed broker is responsible for the acts of any and all of the broker’s salespeople, closing agents, employees, or other persons while acting on the broker’s behalf. (See Minn. Stat. § 82.63, Subd. 3 and 82.82, Subd. 1).
Broker’s, salespersons, or closing agents are prohibited from engaging or authorizing any person, except one licensed per Minn. Stat. § 82, to act as a real estate broker, salesperson, or closing agent on their behalf. Make sure that all licensed activity is being performed by a person properly licensed under Minn. Stat. § 82.
See the Real Estate Assistants section of the Minnesota REALTORS® Desktop Reference Guide for further information regarding assistants.

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