NRS645.252. 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)