2001 REGULAR SESSION (71st)                                                                     A AB666 R2 1188

Amendment No. 1188

 

 

 

     Amend the bill as a whole by adding a new section designated sec. 43.3, following sec. 43, to read as follows:

     “Sec. 43.3. Section 7 of Assembly Bill No. 444 of this session is hereby amended to read as follows:

     Sec. 7. 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:

     [1.] (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

     [2.] (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 regulation adopted thereunder.

     [3.] (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

     [4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

     [5.] (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

     [6.] (f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.

     [7.] (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.

     [8.] (h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

     [9.] (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

     [10.] (j) Any conduct which took place before he 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.

     [11.] (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

     [12.] (l) Recording or causing to be recorded a claim pursuant 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.  [Action may also be taken] 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-salesman’s or salesman’s license issued to him 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 written brokerage agreement to manage the property 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 written brokerage 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 property management pursuant to subsection 3.

     5.  On or before February 1 of each odd-numbered year, the division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:

     (a) Any complaints included in the log maintained by the division pursuant to subsection 4; and

     (b) Any disciplinary actions taken by the commission pursuant to subsection 3.”.