Nevada Breach Of Contract Legal Questions

If you can (meaning if you can find one who will take the case), you probably should engage a collection attorney who will work for a percentage of the monies collected.  It sounds like the venue may not have enough funds to repay you, which is likely to be a  common occurrence with the current economic circumstances.... Read More

Unless your contract provides for repossession without need of a judgment, you can't take back the car until and unless you prove your case in court, and even then you may be limited to collecting monetary damages.  You say the  buyers breached the contract.  The buyers will no doubt tell a different story.  A court will have to decide when you sue them.... Read More

To answer your second question first, YES,you need to read any contract you enter into.  You can't hold these people to the contract you sent them because they never agreed to that contract.  By altering it and sending it back to you, they made you a counter-offer, which you accepted by performing the work.  I think you're out of luck in this case.... Read More

I am not familiar with Nevada law, but if it is the same as the states in which I practice the answer is yes, if you were never served with process.  If you were never properly served, the  Court never had jurisdiction over you and any judgment is a nullity.  If you were served, however, even if you never got notice (for example, if the process server left the complaint with your wife at your home, and she forgot to give it to you) you are probably too late.... Read More

Based upon the facts which you have listed, you would have a strong case to file suit and to seek specific performance of the terms of the Agreement. You would also be entitled to put a Lis Pendens on the Subject Property so that all prospective purchasers are aware that there is a dispute as to title. Specific performance is available only when: (1) the terms of the contract are definite and certain; (2) the remedy at law is inadequate; (3) Purchaser has tendered performance (or can show that Purchaser stands, ready willing and able to tender performance); and (4) the court is willing to order specific performance].” Serpa v. Darling, 107 Nev. 299, 305, 810 P.2d 778, 782 (1991).... Read More

Your inquiry is really twofold.  The first inquiry is what you need to do to ensure that you have prenatal and birthing services available.  You cannot compel or require the midwife to perform and should secure alternative services.  You may have a claim to recover monies already paid for services which were not performed. The second part of your inquiry is what you should do if the midwife sues you.  You obviously should seek out counsel and provide all documentation which you have at your disposal relevant to the claims.  The midwife will be compelled to produce a copy of any agreement upon which suit is brought; therefore (while helpful) the fact that you do not have the contract at hand should not be fatal to your defenses.... Read More

Your legal options are limited. You might want to examine your lease to see if there is a provision for early termination. If not, you remain legally liable for the rent until the Landlord can mitigate its damages by finding a replacement tenant. You might want to assist the Landlord to expedite the mitigation process. If your goal is to remain in the Unit, consider talking with your landlord about a rent abatement or deferral of rent until your income returns. You also might want to explore certain housing and social service options in your community which might be able to provide rent and/or housing assistance due to your circumstances.... Read More

There are a number of remedies available to a tenant whose landlord has breached the lease, including replacement housing and/or terminating the lease for constructive eviction.  One of the limitations in these situations to claims for damages however is the ability of a tenant to be able to show actual damages.  You have indicated that you want to sue for return of your rent.  However if you actually occupied the premises, you may have limited claims insofar as you continued to reside in the residence and to have the benefits of continued tenancy.... Read More

The provision of water by the Landlord is one of the statutory requirements for habitability of a dwelling unit under NRS 118A.290, as well as an "essential service" under NRS 118A.390.   Pursuant to NRS 118A.255, if a landlord fails to maintain a dwelling unit in a habitable condition, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under NRS 118A.355.  If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within 14 day period, the tenant may: (a) terminate the rental agreement immediately; (b) recover actual damages; (c) and apply to the Court for any other relief; (d) withhold any rent that becomes due without incurring late fees until the landlord has remedied or attempted in good faith to remedy.  There are limited exceptions to the requirement to provide the 14 day notice.  Of course if the tenant caused the condition, or refuses to allow access, there is no relief provided to the Tenant. The second remedy is to claim that the Landlord is failing to provide essential service under NRS 118A.390.  Essential services are heat, running water, hot water, electricity and gas.  Upon the deprivation of any essential service, a Tenant can notify the landlord of the problem in writing and give the Landlord 48 hours to remedy the problem or make a good faith effort to remedy the problem (exclusive of weekends and holidays). The Notice should specify Tenant's selected course of action should no remedy be undertaken, including Tenant withholding or deducting the cost of services from rent, recovering actual damages or finding suitable substitute housing during non compliance48 hours excludes Saturdays, Sundays or legal holidays. The 48 hours begin after the notice is received by the landlord. The written notice must also inform the landlord what you will do if he does not remedy or make a good faith effort to remedy the problem.  If the Landlord intentionally interrupts essential services, the Tenant can file a Verificated Complaint with the Justice Court and/or terminate the rental agreement.... Read More

Based upon the facts as represented, your case as against the original installer and manufacturer under the warranty will be as strong as the repair company's records and testimony demonstrating that there was and is a warrantable repair.  One problem with litigation of this type is that it can be cost-prohibitive compared to the amounts in controversy. ... Read More

While your question is implicit in the narrative, you have a couple of options, one of which is hiring an attorney to pursue your claims.  The less expensive alternative would be to seek the intervention of the Nevada State Contractors Board to inspect the work and determine if the work is complete and proper.... Read More

It can often be frustrating when a client and attorney are not on the same page.  Obviously you need to find counsel who meets your needs.  We cannot tell you if you have a case from the basic facts set forth above.   You should be mindful that NRS 11.190(4)(e) expressly declares that civil actions must be commenced within two years “for injuries to a person . . . caused by the wrongful act . . . of another.”... Read More

Your scenario is the most common reason why co-signing for the loan to another person is rarely a good idea.  Can you take the car because you have a key?  No.  If you are on the title/registration as a co-owner of the vehicle, then you have equal rights to the vehicle as your (former) friend.  Possession of a key is not sufficient. Can you take him to Small Claims Court?  Yes, but....  You are jointly liable for the debt.  With co-ownership comes co-equal duties to pay for the car.  Therefore the Court might state that unless and until you adjudicate ownership and possession rights (who has paid what), requiring reimbursement between the 2 of you is premature.  As you friend notes, this scenario feels like a "Golden Rule" example:  he who has the gold (car) gets to make the rules and has the upper hand.  You should seriously consider not making further payments until you can secure the automobile or its disposition. ... Read More

You would need to file a Motion to Enforce before the Court which entered the Judgment and has jurisdiction over the parties.  The state in which Husband (but not Wife) resides would have no jurisdiction to enforce the Decree as against the Wife.  In the case set forth above, the easiest path is to have the Nevada Court enforce the Nevada decree, especially if the Wife still resides in Nevada and still subject to execution/enforcement in Nevada.... Read More

The dealer has 15 days to get you financed in accordance with the terms of the Contract. If the dealer cannot get you financed in accordance with the Contract within 15 days, the Dealer has the option to rescind the Agreement and to return to you all consideration paid, including the return of the vehicle in trade. The dealer has no right to "reconstruct" or change the terms of the contract or make you agree to different terms than you previously agreed. It is deceptive trade practices in the State of Nevada for a dealer to enter into a contract for the sale of a vehicle on credit with a customer, exercise a valid option to cancel the vehicle sale (including inability to finance) and then, after the customer returns the vehicle with no damage other than reasonable wear and tear, the seller: (1) Fails to return any down payment or return a vehicle accepted in trade; (2) misleads the customer that the customer must sign a different contract for sale; (3) fails to make proper disclosures. See also NRS 598.092.... Read More

Once the Divorce Decree is executed and title is vested in you exclusively, he no longer has any legal right to reside in the Subject Property (although often the right of you to take title is directly tied to you refinancing and removing him from the loan obligations).  So the answer to whether you can evict a tenant who is not paying rent is usually yes.  However the first place to look regarding rights and obligations regarding the Subject Property post-divorce would be your Decree. You can usually refinance to take him off of the loan for the Subject Property, but, under the circumstances set forth in your question, many people choose not to refinance because it will entail you having to pay down a loan for a property which is upside down.  You should consult with Counsel as to your rights and best course of action.... Read More

There is no right of rescission or return for the buyer of an automobile in Nevada.  If financing on the vehicle has not been finalized, the dealer may take up to 15 days to arrange financing in accordance with the terms of the purchase.  If financing cannot be finalized, the dealer then has three options; however the purchaser does not gain a right of rescission unless the Dealer cannot or refuses to finance on the same terms. There are some exceptions which might create a claim for relief for rescission (fraudulent misrepresentation and "lemon law" violations); however your question does not indicate any such circumstances have arisen in the 2 days since you purchased the vehicle.... Read More