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Practice Of Real EstateLicense_lawMEDIUM

A Nevada real estate broker wishes to hire a newly licensed salesperson named Kevin. Under Nevada law, which of the following statements correctly describes the relationship between the broker and Kevin?

Correct Answer

A) Kevin may be classified as either an independent contractor or an employee, but the broker retains supervisory responsibility over Kevin's licensed activities regardless of the classification

Under NRS 645.230 and related provisions, a Nevada broker is responsible for supervising the licensed activities of all salespersons and broker-salespersons affiliated with the broker, regardless of whether those individuals are classified as employees or independent contractors for tax and employment purposes. The broker's supervisory duty is a statutory obligation that cannot be waived by contract.

Answer Options
A
Kevin may be classified as either an independent contractor or an employee, but the broker retains supervisory responsibility over Kevin's licensed activities regardless of the classification
B
Kevin must be classified as an employee of the broker, and the broker-salesperson relationship cannot be structured as an independent contractor arrangement
C
Kevin is automatically classified as an independent contractor under Nevada law, and the broker has no supervisory responsibility for Kevin's real estate activities
D
Kevin may act as an independent contractor only if he also holds a broker-salesperson license, not a salesperson license

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Related Topics & Key Terms

Key Terms:

broker_supervisionindependent_contractorsalespersonbroker_responsibility

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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