Agency and Required Disclosures in Nevada
Nevada requires specific written disclosures that identify a licensee's duties and any representation of both parties. This chapter covers the Duties Owed disclosure and the Consent to Act for dual representation.
Duties Owed by a Real Estate Licensee
NRS 645 requires a Nevada licensee to give each party a written 'Duties Owed by a Real Estate Licensee' disclosure that describes the statutory duties every licensee owes, such as exercising reasonable skill and care, disclosing material facts, accounting for money, and not disclosing confidential information. The form is provided early so consumers understand what to expect from the licensee. These duties apply whether or not the licensee represents the person as a client.
Representing a Client
A licensee who acts as an agent for a client owes that client additional duties, including promoting the client's interests, and must disclose in writing whether the licensee represents the buyer, the seller, or both. Nevada requires the agency to be disclosed so a consumer knows whose interests the licensee advances. A licensee must still deal honestly with, and disclose material facts to, the party who is not the client.
Consent to Act for Both Parties
A Nevada licensee may act for both the buyer and the seller in the same transaction only after obtaining the written 'Consent to Act' from both parties. When acting for both, the licensee may not disclose one party's confidential information, such as their negotiating position, to the other. Without the required written consent, the licensee may represent only one side of the transaction.