Nevada guide

Consent to Act: Nevada's Dual Agency and In-House Representation Framework

Q: Do I have to agree to dual agency if my agent also represents the seller?

No. Nevada law gives you the right to refuse. You can ask the brokerage to put you with an assigned licensee instead, or you can hire a completely different agent to represent only you.

Q: What is the difference between dual agency and assigned licensee in Nevada?

Dual agency is one single licensee representing both the buyer and the seller at once. Assigned licensee is two different agents inside the same brokerage, each fully representing their own client, while the managing broker stays neutral.

Q: When does my agent need a signed Consent to Act form?

Before the brokerage formally represents both the buyer and the seller in the same transaction. If the form is not signed and dated before in-house representation starts, the agent is breaking Nevada law.

Q: Can my agent still negotiate hard for me if I agree to dual agency?

Not really. A true dual agent has to stay neutral and cannot push for a lower price for the buyer over a higher price for the seller. That is why many Nevada buyers prefer assigned licensee or pick a different brokerage.

Q: Will the seller find out my top price or how badly I want the home?

No. Even after you consent to dual or assigned representation, your top price, motivation, and financial details must stay confidential. The brokerage must keep a wall between the buyer's file and the seller's file.

Q: Where does the Consent to Act form come from?

It is a standard form published by the Nevada Real Estate Division and used statewide. The brokerage fills in the names, the property, and the representation roles, and then you and the seller each sign it.

In Nevada, one agent or brokerage can represent both you and the seller in the same deal, but only after you sign a written "Consent to Act" form.

Reading as buyer.

TL;DR

In Nevada, one agent or brokerage can represent both you and the seller in the same deal, but only after you sign a written "Consent to Act" form. You don't have to agree — you can ask for a different agent or for an "assigned licensee" setup where two agents at the same brokerage represent each side separately. If you do consent to dual agency, your agent has to stay neutral on price, but your private numbers and motivations must still be kept confidential.

Before you start — 8 things to know

Dual agency in Nevada means one licensee or one brokerage represents both you and the seller in the same transaction, and it can only happen after you sign the state's Consent to Act form.
The Consent to Act form is published by the Nevada Real Estate Division and names you, the seller, the property, and the brokerage so there is no confusion about who is representing whom.
You can refuse dual agency without any penalty — you can keep your buyer's agent and ask the seller to use a different brokerage, or you can switch to a different agent entirely.
"Assigned licensee" (sometimes called designated representation) is a Nevada option where two different agents inside the same brokerage represent the buyer and the seller separately, so each side keeps a full advocate.
Under either dual agency or assigned licensee, your top price, motivations, and financial details have to stay confidential — your agent cannot share them with the seller's side or with the managing broker for strategy.
Many Nevada brokerages place a dual-agency disclosure inside the Buyer Representation Agreement, but you still typically sign a transaction-specific Consent to Act once a real in-house match appears.
In a true dual agency, your agent cannot strategize with you against the seller, so you lose some of the negotiating push you would normally get from a buyer-only agent.
If a Nevada brokerage represents both sides without a signed Consent to Act on file, the agent and broker can face discipline under NRS 645.633, including fines and license action.

The timeline — step by step

When signing the Buyer Representation Agreement, read the dual-agency and assigned-licensee sections and ask your agent how the brokerage typically handles in-house matches.
Tour homes with your buyer's agent and identify a property you want to make an offer on.
If the home is listed by your own agent or by another agent at the same brokerage, your agent must tell you in writing before going further.
Read the Consent to Act form — it identifies the property, you as the buyer, the seller, and the brokerage and explains how representation will work.
Choose your path: sign the Consent to Act, request an assigned-licensee setup where a different agent at the brokerage takes the seller side, or step back and use a different brokerage.
If you sign, submit your offer — your agent will now stay neutral on price terms while still keeping your private details confidential.
Close on the home; the signed Consent to Act stays in the brokerage's transaction file as proof that informed consent was obtained.

Common questions

Do I have to agree to dual agency if my agent also represents the seller?

What is the difference between dual agency and assigned licensee in Nevada?

When does my agent need a signed Consent to Act form?

Can my agent still negotiate hard for me if I agree to dual agency?

Will the seller find out my top price or how badly I want the home?

Where does the Consent to Act form come from?

Glossary

1 term

MLS — Multiple Listing Service: The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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