NRS
645.252 Duties of licensee acting as agent in real estate transaction. A licensee who acts as an agent in a real
estate transaction:
1. Shall disclose to each party to the
real estate transaction as soon as is practicable:
(a) Any material and relevant facts, data or
information which the licensee knows, or which by the exercise of reasonable
care and diligence should have known, relating to the property which is the
subject of the transaction.
(b) Each source from which the licensee will
receive compensation as a result of the transaction.
(c) That the licensee is a principal to the
transaction or has an interest in a principal to the transaction.
(d) Except as otherwise provided in NRS 645.253, that the licensee is acting
for more than one party to the transaction. If a licensee makes such a
disclosure, he or she must obtain the written consent of each party to the
transaction for whom the licensee is acting before he or she may continue to
act in his or her capacity as an agent. The written consent must include:
(1) A description of the real estate
transaction.
(2) A statement that the licensee is
acting for two or more parties to the transaction who have adverse interests
and that in acting for these parties, the licensee has a conflict of interest.
(3) A statement that the licensee will not
disclose any confidential information for 1 year after the revocation or
termination of any brokerage agreement entered into with a party to the
transaction, unless he or she is required to do so by a court of competent jurisdiction
or is given written permission to do so by that party.
(4) A statement that a party is not
required to consent to the licensee acting on behalf of the party.
(5) A statement that the party is giving
consent without coercion and understands the terms of the consent given.
(e) Any changes in the licensee’s relationship to
a party to the transaction.
2. Shall exercise reasonable skill and
care with respect to all parties to the real estate transaction.
3. Shall provide the appropriate form
prepared by the Division pursuant to NRS
645.193 to:
(a) Each party for whom the licensee is acting as
an agent in the real estate transaction; and
(b) Each unrepresented party to the real estate
transaction, if any.
4. Unless otherwise agreed upon in writing,
owes no duty to:
(a) Independently verify the accuracy of a
statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate
licensed or certified expert.
(b) Conduct an independent inspection of the
financial condition of a party to the real estate transaction.
(c) Conduct an investigation of the condition of
the property which is the subject of the real estate transaction.
(Added to NRS by 1995,
2072; A 2001,
2892; 2005,
649; 2007,
1788)
Notes of Decisions
Cited in
8
cases, 2012–2020 · leading case:
Davis v. Beling, 278 P.3d 501 (Nev. 2012).
Davis v. Beling, 278 P.3d 501 (Nev. 2012).
· cites it 8× “251, which provides, in pertinent part, that real estate licensees are “not required to comply with any principles of common law that may otherwise apply to any of the duties of the licensee as set forth in NRS 645.252, 645.253 and 645.254.” Specifically, we address whether NRS…”
Frederic & Barbara Rosenberg Living Trust v. MacDonald Highlands Realty, LLC, 427 P.3d 104 (Nev. 2018).
· cites it 4× “Shall disclose to each party to the real estate transaction as soon as is practicable: (a) Any material and relevant facts, data or information which the licensee knows, or which by the exercise of reasonable care and diligence should have known, relating to the property which…”
J.E. Johns & Assocs. Vs. Lindberg, 2020 NV 55 (Nev. 2020).
· cites it 16× “150(4) permits the recovery of treble damages, and that the sellers' agents and the Lindbergs' agents violated their statutory duties of disclosure pursuant to NRS 645.252, which gave rise to a cause of action under NRS 645.”
Tai-Si Kim v. Kearney, 838 F. Supp. 2d 1077 (D. Nev. 2012).
“252(l)(a), a real estate licensee who acts as an agent in a real estate transaction must disclose to each party to the transaction “[a]ny material and relevant facts, data or information which the licensee knows, or which by the exercise of reasonable care and diligence should…”
Rosenberg Living Trust Vs. Macdonald Highlands Realty, LLC c/w 70478, 2018 NV 69 (Nev. 2018).
· cites it 8× “In its complaint, the Trust alleged that the MacDonald parties violated the duties and obligations required under NRS 645.252. NRS 645.252 provides, in pertinent part, as follows: A licensee who acts as an agent in a real estate transaction: 1.”
Rosenberg Living Trust Vs. Macdonald Highlands Realty, LLC c/w 70478, 2018 NV 69 (Nev. 2018).
· cites it 8× “In its complaint, the Trust alleged that the MacDonald parties violated the duties and obligations required under NRS 645.252. NRS 645.252 provides, in pertinent part, as follows: A licensee who acts as an agent in a real estate transaction: 1.”
Rosenberg Living Trust Vs. Macdonald Highlands Realty, LLC c/w 70478, 2018 NV 69 (Nev. 2018).
· cites it 8× “In its complaint, the Trust alleged that the MacDonald parties violated the duties and obligations required under NRS 645.252. NRS 645.252 provides, in pertinent part, as follows: A licensee who acts as an agent in a real estate transaction: 1.”
Nev. Rev. Stat. § 645.252(1): 1 case
Davis v. Beling, 278 P.3d 501 (Nev. 2012).
“251, which provides, in pertinent part, that real estate licensees are “not required to comply with any principles of common law that may otherwise apply to any of the duties of the licensee as set forth in NRS 645.252, 645.253 and 645.254.” Specifically, we address whether NRS…”
Nev. Rev. Stat. § 645.252(1)(a): 1 case
J.E. Johns & Assocs. Vs. Lindberg, 2020 NV 55 (Nev. 2020).
“150(4) permits the recovery of treble damages, and that the sellers' agents and the Lindbergs' agents violated their statutory duties of disclosure pursuant to NRS 645.252, which gave rise to a cause of action under NRS 645.”
Nev. Rev. Stat. § 645.252(2): 1 case
J.E. Johns & Assocs. Vs. Lindberg, 2020 NV 55 (Nev. 2020).
“150(4) permits the recovery of treble damages, and that the sellers' agents and the Lindbergs' agents violated their statutory duties of disclosure pursuant to NRS 645.252, which gave rise to a cause of action under NRS 645.”
Nev. Rev. Stat. § 645.252(l)(a): 1 case
Tai-Si Kim v. Kearney, 838 F. Supp. 2d 1077 (D. Nev. 2012).
“252(l)(a), a real estate licensee who acts as an agent in a real estate transaction must disclose to each party to the transaction “[a]ny material and relevant facts, data or information which the licensee knows, or which by the exercise of reasonable care and diligence should…”
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