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NRS 645.257

Action to recover damages suffered as proximate result of failure of licensee or property manager to perform certain duties; standard of care

Applied in 2 court decisions — leading case Davis v. Beling (2012)

Most recently applied in J.E. JOHNS & ASSOCS. VS. LINDBERG (August 2020)

(Added to NRS by 1995, 2073; A 2001, 2893; 2023, 3484)

1. A person who has suffered damages as the proximate result of a licensee’s or property manager’s failure to perform any duties required by NRS 645.252, 645.253, 645.254 or 645.6057 or the regulations adopted to carry out those sections may bring an action against the licensee or property manager for the recovery of the person’s actual damages.

2. In such an action, any knowledge of the client:

(a) Of the licensee of material facts, data or information relating to the real property which is the subject of the real estate transaction may not be imputed to the licensee; and

(b) Of the property manager of material facts, data or information relating to the real property which is the subject of the property management agreement may not be imputed to the property manager.

3. In an action brought by a person pursuant to subsection 1:

(a) The standard of care owed by a licensee is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge required to be obtained by a real estate licensee pursuant to NRS 645.343 and 645.345; and

(b) The standard of care owed by a property manager is the degree of care that a reasonably prudent property manager would exercise and is measured by the degree of knowledge required to be obtained by a permit to engage in property management pursuant to NRS 645.6052.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.