June 2026
My first article in this issue discussed one frequent topic of conversation lately, Educational Letters of Advice. This second one relates to another common discussion topic lately: transaction coordinators (TC).
What is a transaction coordinator?
The Association of Corporate Counsel describes a TC as someone who assists brokers and principal brokers with administrative tasks, such as scheduling inspections, coordinating repairs, and tracking progress of a transaction. They may also be responsible for maintaining accurate records and communicating with buyers, sellers, agents, and escrow companies to ensure concerns are addressed and deadlines are met.
As the TC does not exist in statute or rule, from a regulatory perspective we need to evaluate it as any other self-ascribed job title not defined in Oregon real estate law, such as sales associate, advisor, consultant, etc. — by the nature of activity being performed.
Business models in the real estate industry are continually evolving. The Oregon Real Estate Agency neither approves nor disapproves new models. The Agency also cannot offer legal advice on how to form a new type of business. You are always encouraged to seek independent legal advice on how to form a new business that complies with all existing applicable state and federal laws.
When the Agency receives complaints about the activity of a TC, we take several factors into consideration.
Jurisdiction
First, does the situation described in the complaint fall under the definition of “professional real estate activity”? If yes, the Agency has authority to investigate when there are reasonable grounds to believe a licensing violation may have occurred.
Per ORS 696.010, “Professional real estate activity” means any of the following actions, when engaged in for another and for compensation or with the intention or in the expectation or upon the promise of receiving or collecting compensation, by any person who:
(a) Sells, exchanges, purchases, rents or leases real estate;
(b) Offers to sell, exchange, purchase, rent or lease real estate;
(c) Negotiates, offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of real estate;
(d) Lists, offers, attempts or agrees to list real estate for sale;
(e) Offers, attempts or agrees to perform or provide a competitive market analysis;
(f) Auctions, offers, attempts or agrees to auction real estate;
(g) Buys, sells, offers to buy or sell or otherwise deals in options on real estate;
(h) Engages in management of rental real estate;
(i) Purports to be engaged in the business of buying, selling, exchanging, renting or leasing real estate;
(j) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing or rental of real estate;
(k) Assists or directs in the negotiation or closing of any transaction calculated or intended to result in the sale, exchange, leasing or rental of real estate;
(L) Except as otherwise provided in ORS 696.030 (12), advises, counsels, consults or analyzes in connection with real estate values, sales or dispositions, including dispositions through eminent domain procedures;
(m) Advises, counsels, consults or analyzes in connection with the acquisition or sale of real estate by an entity if the purpose of the entity is investment in real estate; or
(n) Performs real estate marketing activity as described in ORS 696.600.
Licensed versus unlicensed functions
TC services as described to us take several forms, and two are worth noting here. One model involves licensees performing TC services within their own Registered Business Name (RBN) only, as a matter of practice or per company policy. Another model described to us includes brokers who are performing transaction coordinator duties on behalf of licensees at multiple RBNs. They are making a distinction between activities requiring a license and those which can be performed by a non-licensee in order to comply with the prohibition against working under two RBNs simultaneously. Here too, we encourage seeking legal advice and consulting with a managing principal broker for direction. Ultimately, it is up to the managing principal broker’s company policies whether a broker under their supervision may perform outside work of any type.
Some additional items to consider:
- No real estate broker or principal broker may engage in professional real estate activities under more than one registered business name. (OAR 863-014-0095(10))
- A managing principal broker may engage in professional real estate activities under more than one RBN if the business entity is an affiliated or subsidiary organization. (also OAR 863-014-0095(10))
- Related to compensation as well, ORS 696.290(3) requires that a “managing principal broker may not make payment to the real estate broker of another managing principal broker except through the managing principal broker with whom the real estate broker is associated.”
- Licensees are expected to maintain confidentiality to sellers and buyers, even after termination of the agency relationship (see ORS 696.805, 696.810, and 696.815). A licensee hiring a transaction coordinator needs to ensure that confidentiality requirements are understood by all parties and addressed appropriately in writing.
- When communicating with consumers, email addresses and signatures from transaction coordinators working for multiple external clients cannot lead to consumer confusion about which RBN administers the transaction.
- A broker employed as a transaction coordinator should discuss proper risk management, and other factors such as Errors and Omissions insurance, with their managing principal brokers prior to engaging in this work.
Future decision-making as it relates to the Agency’s mission
The mission statement for the Oregon Real Estate Agency reads that we shall provide quality protection for Oregon consumers of real estate, escrow, and land development services, balanced with a professional environment conducive to a healthy market atmosphere.
You will note this balance between consumer protection and a healthy real estate industry. As business models gain popularity, our goal is to be adaptable and not stifle creativity and competition. Whenever viable, providing guidance and education through existing statutes and rules is always most efficient. The Agency seeks to create new obligations only when there is clear evidence of a problem, and the most appropriate remedy includes new statutes and/or rules.
The Agency has been asked to explore the TC matter further, make it an agenda item at a future Real Estate Board meeting, and form a work group if necessary.
Before that work begins, we would like to hear from you. Any substantive discussions require a better understanding of the business models. If you hire a transaction coordinator, work with transaction coordinators in your daily business, or are a transaction coordinator yourself, please take a few moments to complete this survey. (The survey will be open through July 10, 2026.)
We value your input!