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Practice Of Real EstateLicense LawHARD

Kevin is a licensed Nebraska salesperson who also owns a small property management company. Without obtaining any additional license, Kevin begins collecting rent and managing lease agreements for third-party property owners as a regular business activity. A complaint is filed with the NREC. Which of the following best describes Kevin's legal exposure under Nebraska law?

Correct Answer

C) Kevin is in violation because property management for third parties for compensation requires at minimum a broker or associate broker license in Nebraska

Under the Nebraska Real Estate License Act, property management activities conducted for third-party property owners — including collecting rents, negotiating leases, and managing lease agreements — constitute acts that require a real estate license at the broker or associate broker level when performed for compensation as a regular business activity. A salesperson license does not authorize independent property management for third parties. Kevin, holding only a salesperson license and operating his own property management company, is acting outside the scope of his license and is in violation of Nebraska law, exposing him to disciplinary action by the NREC.

Answer Options
A
Kevin is not in violation because his salesperson license covers all real estate-related activities, including property management for third parties
B
Kevin is not in violation because property management is exempt from Nebraska licensing requirements when conducted by a business entity
C
Kevin is in violation because property management for third parties for compensation requires at minimum a broker or associate broker license in Nebraska
D
Kevin is in violation only if he collected more than one month's rent as a security deposit, which exceeds the Nebraska statutory limit

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Related Topics & Key Terms

Key Terms:

property_managementscope_of_licensesalesperson_limitationsbroker_requiredNREC_disciplinary_action

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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