Nevada Agency Law and Community Property: What the Exam Tests

Nevada has two distinct exam topics: its agency structure (including the "facilitator" concept) and community property rules that affect every transaction involving married couples.

Agency in Nevada

Licensee Acting as Agent: Represents either buyer or seller with fiduciary duties. Requires written agency agreement.

Facilitator (Non-Agent): Assists in completing a transaction without representing either party. Owes minimal duties — honestly facilitate the transaction, disclose known material facts, account for funds. No fiduciary relationship.

Nevada's facilitator option is unique — candidates from other states may not be familiar with this non-agency role.

Dual Agency: One licensee represents both parties with written consent from both. Nevada permits dual agency with full written disclosure.

Disclosure Requirements Nevada requires written agency disclosure before providing substantive services. The form must identify whether the licensee is acting as agent or facilitator.

Community Property in Nevada

Nevada is one of 9 community property states. Key rules for the exam:

Community property: All property acquired during marriage (by either spouse) is presumed to be community property — owned 50/50 by both spouses.

Separate property: - Property owned before marriage - Property received as a gift or inheritance during marriage - Property earned after permanent separation

Both spouses must sign: To convey community real property, both spouses must sign the deed and the purchase agreement. A contract or deed signed by only one spouse for community property is unenforceable against the other.

Quasi-community property: Property acquired in another state that would have been community property if acquired in Nevada — treated as community property upon divorce or death.

Common Exam Questions

Q: A Nevada husband wants to sell a home he owned before marriage. His wife's name is not on the title. Must she sign the deed? A: Probably not if it's separate property (owned before marriage). But this depends on whether it was commingled with community funds — exam questions test this distinction.

Q: In Nevada, a licensee helps a buyer and seller complete a transaction without representing either party. This licensee is acting as: A: A facilitator — a non-agent role unique to Nevada's agency law.

[Practice Nevada agency questions at CARealestate.com/states/nevada](https://carealestate.com/states/nevada)