Harry M. Weiss & Associates, P.C. v. Eric Nelson Auctioneering

MEMORANDUM **

Harry M. Weiss & Associates, P.C. (the “Firm”), appeals the district court’s affir-mance of the bankruptcy court’s grant of summary judgment to defendant Eric Nelson Auctioneering (“Nelson”). We affirm in part and reverse in part.

I. Contractual Claims

Even if we assume that a contract was formed between the Firm and Nelson, the Firm would be barred from making a contractual claim for a commission under Nevada law because neither the Firm nor Mr. Weiss held a Nevada real estate li *778 cense at the time of the auction. N.R.S. §§ 645.270; 645.280(1).

The Firm contends that it satisfies an exception to the licensing requirements, citing the exception for “[a] receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in [the real estate licensing statute] under the jurisdiction of any court” N.R.S. § 645.240(2)(d). Because the auction itself was conducted under the jurisdiction of the bankruptcy court, the Firm argues that everyone involved with the auction is exempt from licensing requirements.

This exception cannot be construed so broadly. Although in Matter of Womack, Inc., the bankruptcy court found that a…