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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32339
Experience:  Began practicing law in 1992
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My son has taken the real estate exam in Las Vegas Nevada

Customer Question

my son has taken the real estate exam in Las Vegas Nevada now at total of 15 to 17 times, he is a college graduate and has a been to a few trade schools and is a return student to work on a second degree, He studies the practice test and scores between 85 to 95% each time. My son has not passed yet.
I believed he is either being racial profiled or there is someone their tampering with his test scores. what options do we have in Las Vegas Nevada
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 5 months ago.
I would like to know what are my sons rights are as a student taking the real estate exam test here in nevada he past the took the real exam and the brokers exam and past the brokers exam the 1st time. since then has has been back at least 16 times and has failed, he has been taking several practice test and scoring between 80 % to 95% in different areas, each time he fails it may be by one or two, He is friends to some people that are already real estate agents and also to some affluent people as well. I do know what his rights are for as test at the PSI Center there is only one in Nevada but it seem very strange that he is having such a difficult time in passing. What are his options instead of just retesting the same way.
Expert:  Dwayne B. replied 5 months ago.

Unless he has some type of documented disorder that would require special testing procedures then the board would be under no obligation to do anything other than the traditional test.

If he does have some documented disorder then he would be entitled to request a testing method that would take that into account.

The code sections dealing with this can be found at http://www.leg.state.nv.us/nac/nac-645.html#NAC645Sec215

However, I don't see the appeal process set out there as far as the exam. Section 645.095 sets out the process for other appeals and so I would imagine you can follow the same procedure for this. That should allow him a chance to look at his test and see if he can figure out what is wrong.

If he has any evidence that he is actually being discriminated against then he could, of course, file a lawsuit on that. Likewise if he is diagnosed with a disorder and the board fails to allow for that in the test taking then he could sue and ask the court to issue an injunction requiring the board to modify their procedures for him. An injunction is very complex and thus is a little pricey to hire a lawyer to handle. An injunction could also be used if they refuse to allow him to examine his test(s).

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

Customer: replied 5 months ago.
Well we did not say or imply he has a documented disorder, but I would like to know if there is a board that he could appealed to or ask fine out who regulates the grading process and if who should we contact. We are not trying to have injunction. We want some logically facts on what question we can ask and who should we should be asking, also who does the PSI Real Estate Exam Board in Las Vegas Nevada answer for their compliance. And Who are they,
Expert:  Dwayne B. replied 5 months ago.

The statutes don't address that which is the reason I suggested using the procedure outlined in that one statute. However, he may want to call the testing office and I would think they would have some type of printed material explaining how to appeal.

The Commission will handle the hearing but the procedure to use, if the office can't provide him with info, is the one in 645.440 at the link I gave you above. That section states:

NRS 645.440 Denial of application: Notice; hearing; written decision; false statement ground for denial.
1. If the Division, after an application for a license in proper form has been filed with it, accompanied by the proper fee, denies an application, the Division shall give notice of the denial to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of that notice by the applicant, the President of the Commission shall set the matter for a hearing to be conducted at the next meeting of the Commission held pursuant to NRS 645.150 after receipt of the applicant’s request if the request is received at least 20 days before the meeting and contains allegations which, if true, qualify the applicant for a license.
3. The hearing must be held at such time and place as the Commission prescribes. At least 15 days before the date set for the hearing, the Division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in the possession of the Division relevant to the matter in question. Written notice of the hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last known address of the applicant.
4. The hearing may be held by the Commission or by a majority of its members, and a hearing must be held, if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.
5. The Commission shall render a written decision on any appeal within 60 days after the final hearing and shall notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
6. If an applicant has made a false statement of material fact on his or her application, the false statement may in itself be sufficient ground for refusal of a license.

While that isn't directly on point it does get the meaning across and should work.

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