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Practice Of Real EstateLicense_lawMEDIUM

The Nevada Real Estate Commission has broad authority over real estate licensees in Nevada. Which of the following is NOT a power expressly granted to the Nevada Real Estate Commission under NRS Chapter 645?

Correct Answer

A) Setting the maximum commission rates that brokers may charge for residential real estate transactions

The Nevada Real Estate Commission does NOT have the power to set maximum commission rates. Commission rates in Nevada (and throughout the United States) are freely negotiable between brokers and their clients. Setting maximum or standard commission rates would violate federal antitrust laws (Sherman Antitrust Act). The Commission's powers are regulatory and disciplinary, not price-setting.

Answer Options
A
Setting the maximum commission rates that brokers may charge for residential real estate transactions
B
Revoking or suspending a real estate license after a formal disciplinary hearing
C
Approving or denying applications for real estate licenses based on fitness and qualification criteria
D
Adopting regulations governing the conduct of licensed real estate brokers and salespersons

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Related Topics & Key Terms

Key Terms:

commission_powerscommission_rate_antitrustregulatory_authoritylicense_law

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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