Scotland 2013

Scotland 2013

Recently the Nevada State Contractor’s Board and real estate agents in Nevada have debated whether or not a real estate broker can ‘order’ a repair of a part of real property during a listing period. If that order is in the name of the agent is that agent performing duties of a licensed contractor? This is NRS 645 vs. NRS 624. My position was that such a task is in line with the servicing of a listing and should be exempt from the control of the Nevada State Contractor’s Board as falls under the licensed activities of NRS 645.030.

NRS 624 has been modified…and upon its signing by the Governor of Nevada very soon, the is now clear that such activity by a real estate agent is exempt, provided the work does not require a building permit and does not exceed $10,000.

Below is the relevant text – or you can read it the entire AB334  here http://www.leg.state.nv.us/session/77th2013/reports/history.cfm?id=758

 11. 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 645.6052, 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 of 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 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 perform 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 the 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.

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