Can an Unlicensed Assistant Hold a California Open House?

An unlicensed assistant can help at an open house in California under Department of Real Estate (DRE) guidance, with appropriate consent and supervision. The role is limited: greeting visitors and distributing approved information does not authorize showing the property, soliciting buyers or conducting sales discussions. Before assigning someone to “host,” the broker needs to define the actual duties. DRE’s open-house guidelines.

Must a licensed agent be physically present?

DRE addressed that question in its Summer 2023 Real Estate Bulletin: “While not expressly required, it is best to have a licensed individual present.” The same answer requires the principal’s agreement, reserves showing, sales discussions and solicitation to licensees, and recommends reviewing errors and omissions insurance coverage for the assistant’s actions. Read the complete answer on page 11.

A later warning complicates the staffing decision. In a December 11, 2025 article about citations, DRE lists an unlicensed person who “Hosts open houses” among examples that could lead to a violation. The article does not explain how that broad wording relates to the earlier guidance on limited assistance or announce a new physical-presence rule. DRE’s citation warning.

A broker can require licensed coverage throughout the event as office policy. Identify it as the brokerage’s rule; DRE’s 2023 answer does not state an express statewide attendance requirement. Before assigning an assistant alone, ask brokerage counsel to assess the proposed duties and the insurance provider to confirm coverage.

Separate permitted assistance from showing property

DRE’s guidelines allow sign placement, greeting visitors, arranging appointments with the licensee, and distributing approved printed materials. Assistants may also provide factual information drawn from those materials, which must be prepared by the licensee or reviewed and approved for use. That permission does not extend to improvising a property presentation. DRE’s task guidance.

The following illustrative responses can help train an assistant. They are suggested brokerage practices, not DRE-approved scripts.

The last three examples apply DRE’s reservation of showing, sale terms and property-feature discussions to licensees. Its updated guidelines also prohibit communications structured to solicit business concerning a particular property or transaction. Updated assistant guidelines, page 2.

Give the assistant a clear referral response, such as: “I’m the administrative assistant. I’ll connect you with the listing agent about that.” A factual answer can lead to a question requiring professional evaluation. Practice that transition as part of the team’s agent operations and client service procedures.

Obtain consent and keep the broker responsible

DRE’s guidance calls for both the broker’s knowledge and consent to the assistant’s activities and the principal’s consent to the open-house assistance. For a listing open house, that means addressing the seller’s consent as well as the broker’s approval. The listing agent’s scheduling decision alone does not cover both. DRE’s updated guidelines, pages 1–2.

Consent cannot expand the assistant’s role into licensed work. The statutory framework includes:

• Business and Professions Code section 10130, which requires a license before acting as a real estate broker or salesperson.
• Section 10131(a), which includes selling, soliciting buyers or sellers, and negotiating real estate transactions for another for compensation or expected compensation.
• Section 10137, which prohibits brokers from retaining or compensating unlicensed people for licensed acts.

These provisions appear in DRE’s 2026 law compilation, which DRE identifies as current January 1, 2026.

DRE’s assistant overview calls for adequate supervision and monitoring. Separately, Commissioner’s Regulation 2725 requires supervision and compliance-monitoring systems for affiliated salespersons and broker associates acting as salespersons. A licensed team leader can help administer those systems; the responsible broker retains overall responsibility. Build the assistant’s assignment into the firm’s brokerage operations and supervision procedures.

Passing the exam does not authorize licensed work

An assistant who has passed the exam or has an application pending remains subject to the unlicensed limits until licensed. DRE explains that passing applicants must have their license applications approved; it also says a salesperson without a responsible broker cannot perform licensed acts. Verify both license status and the required broker affiliation before changing the assignment. DRE’s salesperson licensing requirements.

Experience, completed coursework and confidence answering questions do not replace that authorization.

Document the assignment before opening

A useful brokerage record would identify:

• The event, assistant and responsible licensee, plus the broker’s approval and seller’s consent.
• The permitted duties, excluded duties and approved version of each handout.
• Who will handle substantive questions, with contact details and a backup.
• The office rule for a late or departing licensee.
• How unanswered questions will reach the agent after the event.

This is an editorial workflow suggestion, not a prescribed DRE form or legal safe harbor. DRE’s guidelines expressly say they do not replace the law or bind the agency or courts. Guidelines, pages 3–4.

Handle access, personal security and closing procedures through the separate open-house safety handoff.

Before visitors arrive, rehearse how the assistant will refer questions to the licensee. If the staffing plan depends on the assistant answering substantive questions about the home while the agent is unavailable, revise the coverage.