Judge rules Nevada can’t force brokers to conduct business from in-state office

Las Vegas, Nevada; September 9, 2026: A federal judge ruled last week that Nevada cannot force out-of-state real estate brokers to conduct their licensed business from an in-state office, striking down the restriction as an unconstitutional burden on interstate commerce. Derek Eisenberg, a New Jersey-based broker and founder of the online brokerage Continental Real Estate, sued state regulators after Nevada law prohibited him from serving Nevada clients with his virtual services from his primary office in New Jersey.

“The government cannot use protectionist mandates to wall off its markets from out-of-state competition,” said Brandon Beyer, an attorney with Pacific Legal Foundation. “Derek should be free to serve Nevada clients from New Jersey without being forced to duplicate his business operations in another state.”

Eisenberg comes from a family of homebuilders and has worked in real estate since the 1990s. He launched Continental Real Estate to give customers a lower-cost alternative to traditional brokerages and hopes to expand the online model into all 50 states. Nevada’s physical work mandate stood in his way.

U.S. District Judge Jennifer A. Dorsey agreed that forcing brokers to conduct all business from a Nevada office amounts to an unconstitutional violation of the Dormant Commerce Clause. But the court left in place separate provisions requiring out-of-state brokers to maintain a physical Nevada office and keep records accessible there. The split ruling now means that Nevada real estate brokers cannot be forced to actually work in a local office, yet they are still required to pay for space they may not ever use.

Eisenberg is weighing next steps on the office and records requirements the court left in place. Pacific Legal Foundation represents Eisenberg free of charge. The case is Eisenberg v. Sanchez.