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Senate committee hears AB258 to require written brokerage agreements, align Nevada with national Realtors settlement

3124488 · April 25, 2025
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Summary

Assembly Bill 258 would require all residential brokerage agreements to be written, bringing Nevada law into alignment with the National Association of Realtors settlement and removing oral-agreement authorization from state law. Supporters say the change will improve consumer transparency; no formal committee action was recorded at the hearing.

Assemblymember Cynthia Moore introduced Assembly Bill 258 on behalf of the Assembly to require written brokerage agreements for residential transactions and align Nevada’s statutes with the National Association of Realtors settlement.

The bill’s sponsor, Assemblymember Cynthia Moore, said AB258 is intended “to make sure Nevada is following the National Association of Realtors settlement agreement,” and to “protect consumers” and “enhance the integrity of our real estate market in Nevada.”

Brandon Roberts, president of Nevada Realtors, told the committee that one recommendation from the national settlement is that “all brokerage agreements must be in writing before performing any service including showing homes.” He said Nevada law currently allows oral agreements and AB258 would eliminate that option for residential brokerage work.

Roberts said the written agreement must describe services and the “associated cost to the consumer,” adding that written agreements offer “transparency” and help buyers and sellers understand the broker’s role. Assemblymember Moore noted that the bill applies to all licensees under chapter 645, not only members of the Realtors association.

Committee members asked whether oral agreements were common and when the national changes took effect. Roberts replied that historically “the majority of transactions in the past were done with oral agreements” and that the national settlement’s effective date was in August of the prior year. Assemblymember Moore said AB258 would take effect Oct. 1, 2025.

No callers or in-person members of the public testified in support, opposition or neutral at the time the committee took phone testimony. The committee closed the hearing on AB258 after taking no recorded committee action during the session.

The bill as presented would (1) require written brokerage agreements for residential transactions, (2) conform multiple statutory references so they no longer assume oral agreements, and (3) preserve the existing statutory requirement that commercial brokerage agreements remain governed under the separate commercial provisions of chapter 645.

Committee questions focused on consumer protections and on whether the statute should prescribe minimum required contract terms; supporters pointed the committee to existing duties and “minimum services” already defined in statute and said AB258 would enforce written disclosure rather than invent new substantive duties.

The committee moved on to the next agenda item without a recorded vote or formal action on AB258.