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- 83rd Session (2025)
Assembly Bill No. 258–Assemblymembers Moore;
Kasama and La Rue Hatch
CHAPTER..........
AN ACT relating to real estate; requiring brokerage agreements to
be in writing; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of real estate brokers,
real estate broker -salespersons a nd real estate salespersons by the Real Estate
Division of the Department of Business and Industry. (Chapter 645 of NRS)
Existing law defines “brokerage agreement” to mean an oral or written contract
between a client and a broker in which the broker agrees to accept valuable
consideration from the client for assisting, soliciting or negotiating the sale,
purchase, option, rental or lease of real property, or the sale, exchange, option or
purchase of a business. (NRS 645.005) Existing law imposes various req uirements
relating to such brokerage agreements, including, without limitation, requirements
concerning: (1) the duties of a licensee who has entered into a brokerage agreement
to represent a client in a real estate transaction; (2) the delivery of a copy of a
brokerage agreement to a client; and (3) the form and contents of a brokerage
agreement which includes a provision for exclusive representation. (NRS 645.254,
645.300, 645.320) Section 2 of this bill revises the definition of “brokerage
agreement” to remove provisions which provide that an oral contract may constitute
a brokerage agreement, thereby requiring a brokerage agreement to be in writing.
Sections 1, 3 and 5 of this bill revise references to written brokerage
agreements to reflect that, under section 2, a contract is required to be in writing to
constitute a brokerage agreement. Section 4 of this bill si milarly eliminates a
requirement that certain brokerage agreements be in writing which is made
redundant by section 2.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.031 is hereby amended to read as follows:
624.031 The provisions of this chapter do not apply to:
1. Work performed exclusively by an authorized representative
of the United States Government, the State of Nevada, or an
incorporated city, county, irrigation district, reclamation district, or
other municipal or political corporation or subdivision of this State.
2. Any entity that is recognized as exempt under section
501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3),
which:
(a) Enters into a contract or other agreement with the St ate of
Nevada, or an incorporated city, county, irrigation district,
reclamation district, or other municipal or political corporation or
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subdivision of this State, to facilitate the repair or maintenance of
properties, including, without limitation, weath erization and energy
efficiency services;
(b) Facilitates work to be performed on such a property by a
person licensed pursuant to this chapter; and
(c) Is a party with the owner of such a property and a person
licensed pursuant to this chapter to a cont ract or agreement for the
work on the property.
3. An officer of a court when acting within the scope of his or
her office.
4. Work performed exclusively by a public utility operating
pursuant to the regulations of the Public Utilities Commission of
Nevada on construction, maintenance and development work
incidental to its business.
5. An owner of property who is building or improving a
residential structure on the property for his or her own occupancy
and not intended for sale or lease. The sale or lease, or the offering
for sale or lease, of the newly built structure within 1 year after its
completion creates a rebuttable presumption for the purposes of this
section that the building of the structure was performed with the
intent to sell or lease t hat structure. An owner of property who
requests an exemption pursuant to this subsection must apply to the
Board for the exemption. The Board shall adopt regulations setting
forth the requirements for granting the exemption.
6. Any work to repair or mai ntain property the value of which
is less than $1,000, including labor and materials, unless:
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical,
refrigeration, heating or air-conditioning contractor;
(c) The work is of a type performed by a contractor licensed in a
classification prescribed by the Board that significantly affects the
health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded
to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant
to this chapter or by an employee of that person.
7. The sale or installation of any finished product, material or
article of merchandise which is not fabricated into and does not
become a permanent fixed part of the structure.
8. The construction, alteration, improvement or repa ir of
personal property.
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9. The construction, alteration, improvement or repair financed
in whole or in part by the Federal Government and conducted within
the limits and boundaries of a site or reservation, the title of which
rests in the Federal Government.
10. An owner of property, the primary use of which is as an
agricultural or farming enterprise, building or improving a structure
on the property for his or her use or occupancy and not intended for
sale or lease.
11. Construction oversight servi ces provided to a long -term
recovery group by a qualified person within a particular geographic
area that is described in a proclamation of a state of emergency or
declaration of disaster by the State or Federal Government,
including, without limitation, p ursuant to NRS 414.070. A long -
term recovery group may reimburse such reasonable expenses as the
qualified person incurs in providing construction oversight services
to that group. Except as otherwise provided in this subsection,
nothing in this subsection authorizes a person who is not a licensed
contractor to perform the acts described in paragraphs (a) and (b) of
subsection 1 of NRS 624.700. As used in this subsection:
(a) “Construction oversight services” means the coordination
and oversight of labor by volunteers.
(b) “Long-term recovery group” means a formal group of
volunteers coordinating response and recovery efforts related to a
state of emergency or disaster that is proclaimed or declared by the
State or Federal Government.
(c) “Qualified perso n” means a person who possesses the
abilities, education, experience, knowledge, skills and training that a
long-term recovery group has identified as being necessary to
provide construction oversight services for a project to be performed
by that group.
12. A person licensed as a real estate broker, real estate broker-
salesperson or real estate salesperson pursuant to chapter 645 of
NRS who, acting within the scope of the license or a permit to
engage in property management issued pursuant to NRS 645.605 2,
assists a client in scheduling work to repair or maintain residential
property pursuant to a [written] brokerage agreement or a property
management agreement. Such assistance includes, without
limitation, assisting a client in the hiring of any number o f licensed
contractors to perform the work. Nothing in this subsection
authorizes the performance of any work for which a license is
required pursuant to this chapter by a person who is not licensed
pursuant to this chapter or the payment of any additional
compensation to a person licensed as a real estate broker, real estate
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broker-salesperson or real estate salesperson for assisting a client in
scheduling the work. The provisions of this subsection apply only if
a building permit is not required to perfor m the work and if the
value of the work does not exceed $10,000 per residential property
during the fixed term of the [written] brokerage agreement, if the
assistance is provided pursuant to such an agreement, or during a
period not to exceed 6 months if t he assistance is provided pursuant
to a property management agreement. As used in this subsection:
(a) “Brokerage agreement” has the meaning ascribed to it in
NRS 645.005.
(b) “Property management agreement” has the meaning ascribed
to it in NRS 645.0192.
(c) “Real estate broker” has the meaning ascribed to it in
NRS 645.030.
(d) “Real estate broker-salesperson” has the meaning ascribed to
it in NRS 645.035.
(e) “Real estate salesperson” has the meaning ascribed to it in
NRS 645.040.
(f) “Residential property” means:
(1) Improved real estate that consists of not more than four
residential units; or
(2) A single -family residential unit, including a
condominium, townhouse or home within a subdivision, if the unit
is sold, leased or otherwise conveye d unit by unit, regardless of
whether the unit is part of a larger building or parcel that consists of
more than four units.
Sec. 2. NRS 645.005 is hereby amended to read as follows:
645.005 “Brokerage agreement” means [an oral or ] a written
contract between a client and a broker in which the broker agrees to
accept valuable consideration from the client or another person for
assisting, soliciting or negotiating the sale, purchase, option, rental
or lease of real property, or the sale, exchange, option or purchase of
a business. The term does not include a property management
agreement.
Sec. 3. NRS 645.300 is hereby amended to read as follows:
645.300 When a licensee prepares or has prepared a [written]
brokerage agreement authorizing or employing the licensee to
purchase or sell real estate for compensation or commission, the
licensee shall deliver a copy of the [written] brokerage agreement to
the client signing it at the time the signature is obtained, if possible,
or otherwise within a reasonable time thereafter. Receipt for the
copy may be made on the face of the [written] brokerage agreement.
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Sec. 4. NRS 645.320 is hereby amended to read as follows:
645.320 Every brokerage agreement which includes a
provision for an exclusive agency representation must:
1. [Be in writing.
2.] Have set forth in its terms a definite, specified and complete
termination.
[3.] 2. Contain no provision which requires the client who
signs the brokerage agreement to notify the real estate broker of the
client’s intention to cancel the exclusive features of the brokerage
agreement after the termination of the brokerage agreement.
[4.] 3. Be signed by both the client or his or her authorized
representative and the broker or his or her authorized representative
in order to be enforceable.
Sec. 5. NRS 645.633 is hereby amended to read as follows:
645.633 1. The Commission may take action pursuant to
NRS 645.630 against any person subject to that section who is
guilty of any of the following acts:
(a) Willfully using any trade name, service mark or insigne of
membership in any real estate organi zation of which the licensee is
not a member, without the legal right to do so.
(b) Violating any order of the Commission, any agreement with
the Division, any of the provisions of this chapter, chapter 116, 119,
119A, 119B, 645A or 645C of NRS or any reg ulation adopted
pursuant thereto.
(c) Paying a commission, compensation or a finder’s fee to any
person for performing the services of a broker, broker -salesperson
or salesperson who has not secured a license pursuant to this
chapter. This subsection does not apply to payments to a broker who
is licensed in his or her state of residence.
(d) A conviction of, or the entry of a plea of guilty, guilty but
mentally ill or nolo contendere to:
(1) A felony relating to the practice of the licensee, property
manager or owner-developer; or
(2) Any crime involving fraud, deceit, misrepresentation or
moral turpitude.
(e) Guaranteeing, or having authorized or permitted any person
to guarantee, future profits which may result from the resale of real
property.
(f) Failure to include a fixed date of expiration in any [written]
brokerage agreement or failure to leave a copy of such a brokerage
agreement or any property management agreement with the client.
(g) Accepting, giving or charging any undisclosed commissio n,
rebate or direct profit on expenditures made for a client.
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(h) Gross negligence or incompetence in performing any act for
which the person is required to hold a license pursuant to this
chapter, chapter 119, 119A or 119B of NRS.
(i) Any other conduct which constitutes deceitful, fraudulent or
dishonest dealing.
(j) Any conduct which took place before the person became
licensed which was in fact unknown to the Division and which
would have been grounds for denial of a license had the Division
been aware of the conduct.
(k) Knowingly permitting any person whose license has been
revoked or suspended to act as a real estate broker, broker -
salesperson or salesperson, with or on behalf of the licensee.
(l) Recording or causing to be recorded a claim pursua nt to the
provisions of NRS 645.8701 to 645.8811, inclusive, that is
determined by a district court to be frivolous and made without
reasonable cause pursuant to NRS 645.8791.
2. The Commission may take action pursuant to NRS 645.630
against a person who is subject to that section for the suspension or
revocation of a real estate broker’s, broker -salesperson’s or
salesperson’s license issued by any other jurisdiction.
3. The Commission may take action pursuant to NRS 645.630
against any person who:
(a) Holds a permit to engage in property management issued
pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has
obtained a property management agreement pursuant to
NRS 645.6056:
(1) Is convicted of violating any of the provisions of
NRS 202.470;
(2) Has been notified in writing by the appropriate
governmental agency of a potential violation of NRS 244.360,
244.3603 or 268.4124, and has failed to inform the owner of the
property of such notification; or
(3) Has been directed in writing by the owner of the property
to correct a potential violation of NRS 244.360, 244.3603 or
268.4124, and has failed to correct the potential violation, if such
corrective action is within the scope of the person’s duties pursuant
to the property management agreement.
4. The Division shall maintain a log of any complaints that it
receives relating to activities for which the Commission may take
action against a person holding a permit to engage in pro perty
management pursuant to subsection 3.
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Sec. 6. The amendatory provisions of this act apply to any
brokerage agreement, as defined in NRS 645.005, as amended by
section 2 of this act, entered into on or after October 1, 2025.
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