NRS
645.230 Unlawful to engage in certain conduct without license or permit
or without complying with certain provisions of chapter; power of Real Estate
Division to file complaint with court and assist in prosecution of violation;
prosecution by district attorney or Attorney General.
1. It is unlawful for any person,
limited-liability company, partnership, association or corporation to engage in
the business of, act in the capacity of, advertise or assume to act as, a:
(a) Real estate broker, real estate broker-salesperson
or real estate salesperson within the State of Nevada without first obtaining
the appropriate license from the Real Estate Division as provided for in this
chapter;
(b) Property manager within the State of Nevada
without first obtaining from the Real Estate Division as provided for in this
chapter a license as a real estate broker, real estate broker-salesperson or
real estate salesperson and a permit to engage in property management;
(c) Designated property manager within the State
of Nevada without complying with the provisions of NRS 645.6055;
(d) Business broker within the State of Nevada
without first obtaining from the Real Estate Division as provided for in this chapter
a license as a real estate broker, real estate broker-salesperson or real
estate salesperson and a permit to engage in business as a business broker
issued pursuant to the provisions of NRS
645.863; or
(e) Designated business broker within the State
of Nevada without complying with the provisions of NRS 645.867.
2. The Real Estate Division may prefer a
complaint for a violation of this section before any court of competent
jurisdiction and may assist in presenting the law or facts upon any trial for a
violation of this section.
3. The district attorney of each county
shall prosecute all violations of this section in their respective counties in
which violations occur, unless prosecuted by the Attorney General. Upon the
request of the Administrator, the Attorney General shall prosecute any
violation of this section in lieu of the district attorney.
[1:150:1947; 1943 NCL § 6396.01]—(NRS A 1963,
666; 1973,
1100; 1981,
514; 1985,
1262; 1997,
166, 957;
2003,
1290; 2005,
649)
Notes of Decisions
Tai-Si Kim v. Kearney, 838 F. Supp. 2d 1077 (D. Nev. 2012).
· cites it 2× “To become licensed, a real estate licensee must provide proof that the person has “successfully completed a course of instruction in the principles, practices, procedures, law and ethics of real estate.” Id. § 645.”
Loomis v. Lange Fin. Corp., 865 P.2d 1161 (Nev. 1993).
· cites it 2× “030 provides that a broker or salesman is any person, including a corporation, “who, for another and for compensation or with the intention or expectation of receiving compensation; [] Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or…”
STATE, ETC. v. Carriage House Assocs., 585 P.2d 1337 (Nev. 1978).
· cites it 2× “020, and therefore, persons selling such interest must be licensed in accordance with NRS 645.230; and (2) an interest in a “subdivision”, as defined by NRS 119.”
Beggs v. Lowe, 516 P.2d 467 (Nev. 1973).
· cites it 3× “Services were rendered by each of them and a broker’s commission was paid to Lowe who thereafter refused to share it with Beggs as required by their agreement.”
Gaessler v. Sheriff, 592 P.2d 955 (Nev. 1979).
· cites it 4× “OPINION Per Curiam: At the conclusion of a preliminary examination, John Gaessler was ordered to stand trial for engaging in business or acting *269 without a license, a gross misdemeanor pursuant to NRS 645.230 and NRS 645.850. Gaessler subsequently petitioned the district…”
— Nev. Rev. Stat. § 645.230(1) — 1 case
Loomis v. Lange Fin. Corp., 865 P.2d 1161 (Nev. 1993).
“030 provides that a broker or salesman is any person, including a corporation, “who, for another and for compensation or with the intention or expectation of receiving compensation; [] Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or…”
— Nev. Rev. Stat. § 645.230(l)(a) — 1 case
Tai-Si Kim v. Kearney, 838 F. Supp. 2d 1077 (D. Nev. 2012).
“To become licensed, a real estate licensee must provide proof that the person has “successfully completed a course of instruction in the principles, practices, procedures, law and ethics of real estate.” Id. § 645.”
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