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License Required to Engage in Real Estate Activity
licensing NRS 645.230 makes it unlawful for any person, LLC, partnership, association, or corporation to engage in, act in the capacity of, advertise, or assume to act as a real estate broker, broker-salesperson, or salesperson within Nevada without first obtaining the appropriate license from the Real Estate Division. Additional activities require additional credentials: property management requires both a license AND a permit; business brokerage requires a license AND a business broker permit (NRS 645.863). Designated property managers must comply with NRS 645.6055 and designated business brokers with NRS 645.867.
Key Rules
- ✓No person may act as a broker, broker-salesperson, or salesperson in Nevada without first obtaining a license from the Real Estate Division
- ✓Property management requires a real estate license PLUS a permit to engage in property management
- ✓Business brokerage requires a real estate license PLUS a business broker permit under NRS 645.863
- ✓Even advertising or assuming to act in these capacities without a license is unlawful
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Duties of Licensee Acting as Agent
agency NRS 645.252 requires a licensee acting as an agent to disclose to each party, as soon as practicable: material and relevant facts about the property known or reasonably knowable; each source of compensation; that the licensee is a principal or has an interest in a principal; that the licensee is acting for more than one party (with written consent required); and any changes in relationship. The licensee must exercise reasonable skill and care toward all parties and provide the Division's duties disclosure form (NRS 645.193) to each represented party and each unrepresented party. Unless agreed in writing, the licensee owes no duty to independently verify statements of certified inspectors/experts, inspect a party's finances, or investigate the property's condition.
Key Rules
- ✓A licensee must disclose material facts about the property known or reasonably knowable, as soon as practicable
- ✓A licensee must disclose all sources of compensation and any interest as a principal in the transaction
- ✓Dual representation requires written consent that includes specified statements (conflict of interest, confidentiality, non-coercion, etc.)
- ✓The licensee must provide the Division's duties-owed disclosure form to represented and unrepresented parties, and owes no duty to independently verify experts, inspect finances, or investigate property condition unless agreed in writing
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Dual Representation Written Consent Requirements
agency When a licensee acts for more than one party under NRS 645.252(1)(d), the licensee must obtain written consent from each party before continuing. The written consent must include: a description of the transaction; a statement that the licensee acts for parties with adverse interests and has a conflict of interest; a statement that confidential information will not be disclosed for 1 year after revocation/termination (absent court order or written permission); a statement that a party is not required to consent; and a statement that consent is given without coercion and the party understands its terms.
Key Rules
- ✓A licensee acting for multiple parties must obtain each party's written consent before continuing to act
- ✓The written consent must disclose the conflict of interest and adverse interests of the parties
- ✓Confidential information cannot be disclosed for 1 year after termination unless ordered by court or authorized in writing
- ✓The consent must state that the party is not required to consent and gives consent without coercion
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Duties Under a Brokerage Agreement to Represent a Client
agency NRS 645.254 imposes additional duties on a licensee who has a brokerage agreement to represent a client: exercise reasonable skill and care to carry out the agreement; not disclose confidential client information for 1 year after revocation/termination (absent court order or written permission); seek a transaction at the client's price/terms or an acceptable price; present all offers as soon as practicable unless waived on a Division form; disclose known material facts about the transaction; advise the client to seek expert advice beyond the licensee's expertise; and account for all money/property in which the client may have an interest as soon as practicable.
Key Rules
- ✓A representing licensee must present all offers as soon as practicable unless the client waives on a Division-prescribed form
- ✓Confidential client information may not be disclosed for 1 year after termination absent court order or written permission
- ✓The licensee must advise the client to obtain expert advice on matters beyond the licensee's expertise
- ✓The licensee must account for all money and property in which the client may have an interest as soon as practicable
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One Act Constitutes Acting as Broker/Salesperson
licensing NRS 645.260 provides that any person or entity who, for another and for compensation or the expectation of compensation, does or offers or agrees to do any single act or transaction within the definition of a real estate broker (NRS 645.030) — whether an incidental part of a transaction or the entire transaction — is acting in the capacity of a broker or salesperson under Chapter 645.
Key Rules
- ✓A single act for another for compensation triggers the requirement to be licensed
- ✓The act may be incidental or the entire transaction and still constitutes broker/salesperson activity
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Proof of Licensure Required to Sue for Compensation
licensing NRS 645.270 provides that a person or entity acting as a broker or salesperson in Nevada may not commence or maintain any court action to collect compensation for acts under NRS 645.030 without alleging and proving they were a licensed broker or salesperson at the time the cause of action arose.
Key Rules
- ✓A person cannot sue to collect real estate compensation without alleging and proving licensure
- ✓Licensure must have existed at the time the cause of action arose
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Sharing Commissions With Unlicensed Persons Prohibited
licensing NRS 645.280 makes it unlawful for a licensed broker, broker-salesperson, or salesperson to pay any part of a commission, compensation, or finder's fee from a real estate transaction to any person who is not a licensed broker, broker-salesperson, or salesperson for services performed. A broker may pay a commission to a licensed broker of another state. A broker-salesperson or salesperson may not be associated with or accept compensation from anyone other than the broker or owner-developer under whom they are licensed, and may only pay commissions through that broker or owner-developer.
Key Rules
- ✓Commissions or finder's fees may not be paid to unlicensed persons for services performed
- ✓A Nevada broker may pay a commission to a licensed broker of another state
- ✓A salesperson/broker-salesperson may accept compensation only from the broker or owner-developer under whom licensed and must pay commissions only through that broker/owner-developer
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Trust Accounts, Commingling, and Recordkeeping
escrow NRS 645.310 requires all deposits retained by a broker/owner-developer pending consummation or termination to be fully accounted for. Salespersons/broker-salespersons receiving money on behalf of a broker must promptly pay it to the broker/owner-developer. A broker must NOT commingle client money or property with the broker's own. Money belonging to others must be promptly deposited in a separate designated trust account in a Nevada bank or credit union; the broker is personally responsible and liable for the deposit. The broker must keep detailed records, balance each trust account at least monthly, provide the Division an annual reconciliation, notify the Division of banks/accounts, and designate the broker as trustee allowing withdrawal without prior notice. All records and money are subject to Division inspection and audit. If a broker with trust-account money dies or becomes mentally disabled, the Division may petition the district court to appoint a trustee.
Key Rules
- ✓A broker must not commingle client money or property with the broker's own funds
- ✓Money belonging to others must be promptly deposited in a separate designated trust account in a Nevada bank or credit union
- ✓The broker must balance each trust account at least monthly and provide the Division an annual reconciliation
- ✓Trust account records and money are subject to Division inspection and audit at all times
- ✓Salespersons must promptly pay any received money over to their broker or owner-developer
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Requirements for Exclusive Agency Brokerage Agreements
contracts NRS 645.320 requires every brokerage agreement containing an exclusive agency representation provision to: have a definite, specified, and complete termination date in its terms; contain no provision requiring the client to notify the broker of intent to cancel exclusive features after termination; and be signed by both the client (or authorized representative) and the broker (or authorized representative) to be enforceable.
Key Rules
- ✓An exclusive agency brokerage agreement must have a definite, specified, and complete termination date
- ✓It may not require the client to notify the broker of intent to cancel exclusive features after termination
- ✓It must be signed by both the client and the broker (or their authorized representatives) to be enforceable
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Discriminatory Practices Prohibited
fairhousing NRS 645.321 makes it unlawful to discriminate on account of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex by: denying access/membership to any multiple-listing service, real estate brokers' organization, or dwelling sale/rental service or in the terms of such; or denying access to a residential real estate transaction or in its terms/conditions. Violations are punished by a $500 fine for the first offense; for a second offense, the licensee must show cause why the license should not be revoked. The statute defines 'disability' (physical/mental impairment substantially limiting major life activities, a record of, or being regarded as having such) and 'familial status' (living with a child under 18 with lawful custody or written permission).
Key Rules
- ✓Discrimination in MLS access, brokers' organizations, or residential transactions on protected bases is unlawful
- ✓Protected classes include race, religion, color, national origin, disability, sexual orientation, gender identity/expression, ancestry, familial status, and sex
- ✓A first offense is a $500 fine; a second offense requires showing cause why the license should not be revoked
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Enforcement and Prosecution of Unlicensed Activity
licensing NRS 645.230 authorizes the Real Estate Division to prefer a complaint for a violation before any court of competent jurisdiction and to assist in presenting the law or facts at trial. The district attorney of each county must prosecute violations occurring in their county unless the Attorney General prosecutes. Upon request of the Administrator, the Attorney General shall prosecute a violation in lieu of the district attorney.
Key Rules
- ✓The Real Estate Division may file a complaint in court and assist in prosecution of license-law violations
- ✓District attorneys must prosecute violations in their county unless the Attorney General does so
- ✓The Attorney General shall prosecute upon request of the Administrator, replacing the district attorney
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Administrative Fine for Unlicensed Conduct
licensing Under NRS 645.235, in addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly engages or offers to engage in activity requiring a license/permit/certificate/registration/authorization without holding it, OR who assists or offers to assist another to commit such a violation. The fine may not exceed the greater of the gain/economic benefit derived or $5,000. The Commission considers severity, harm, gain, prior violation history, and other relevant facts. The person must be given notice and an opportunity to be heard, and is entitled to judicial review under chapter 233B. The section does not apply where a specific statute exempts the person and they act within that exemption.
Key Rules
- ✓The Commission may fine anyone who knowingly acts without required authorization or assists another to do so
- ✓The administrative fine cannot exceed the greater of the gain/economic benefit or $5,000
- ✓The person must receive notice and an opportunity to be heard, with judicial review available under chapter 233B
- ✓The fine does not apply to persons exempt by a specific statute who act within the exemption