The Nevada Real Estate Division will be represented by counsel, so why wouldn’t you do the same?

In many instances, prior to filing a lawsuit against their real estate agent, the former client will file a complaint with the Nevada Real Estate Division (the “Division”). The complaint is completed on Form 514 and is signed under the pains and penalties of perjury. The Division is not empowered to force the cancellation of listing agreements or purchase contracts. However, they will investigate the matter to determine whether the available evidence warrants administrative action against a licensee.

The First Step.  You will be provided the opportunity to file a response. Consultation with experienced counsel at this point is appropriate. The agent should carefully review his or her complete file, including all communications before considering their response. Understanding the legal implications of your response are important in the preparation of a thorough and detailed answer.

The Hearing.  After review of your response, if the Division believes action is warranted, the matter will be scheduled for a hearing before the Nevada Real Estate Commission. The Division will be represented at the hearing by the Nevada Attorney General’s Office. Depending upon the severity of the allegations, the Division has the right to seek substantial fines be imposed or that an agent or broker’s license be revoked. Anytime a licensee faces the possibility of such drastic prospects, the retention of an attorney is appropriate.