Nevada Breach Of Contract Legal Questions

NRS 73.010 is the statute which discusses the jurisdiction of justice courts for small claims. This statute provides that Small Claims Court may take jurisdiction over a matter where the defendant named:             1. Is a resident of;             2. Does business in; or             3. Is employed in the township in which the action is to be maintained.  If the Seller also occupied the property as his/her home, then chances are where the property is located is also the township in which the Seller is a resident.  Even if not, you could assert that the Seller was doing business in that township by selling the property.... Read More

This clause is arguably contradictory insofar as it states that the Security Deposit shall be held for LET and other financial obligations which may be owed by Producer to RWP.  However it previously states that the Security Deposit shall not be used for LET or rent.  There is an argument that the second sentence was intended to mean that Producer shall not apply or seek a credit from the security deposit towards its ongoing obligations; however the sentence as drafted creates an ambiguity.  Therefore the parties will likely need court intervention to determine the intent of the parties insofar as this provision appears to be contradictory.... Read More

The answer is written in the terms of the Agreement.  If your sister's detention or negative publicity surrounding your sister constitutes a breach of the Agreement, then it is theoretically possible that such actions and events would constitute a breach.  However it would be highly unusual for a sales contract to contain behavioral clauses or for any term of the agreement (other than the financial component) to be deemed a material breach.  You should have the agreement reviewed by an attorney and, in the interim, maintain the financial performance under the Agreement.... Read More

Nevada has no right of rescission period for automobile purchases.  While there is 3 day rescission period for door-to-door sales (NRS 598.230), obviously this statute would not apply to a sale from an automobile dealership.  Therefore there is no "catchall" rescission period for automobile sales. Nonetheless any automobile transaction that involves fraud in the inducement triggers the right of the defrauded party to seek rescission as a remedy. See Friendly Irishman v. Ronnow, 74 Nev. 316, 318 (1958).  The standard is different if the dealer made an affirmative misstatement of fact as opposed to omitting to tell you a material fact.   If you can prove that the Dealer lied to you about whether the car was in an accident and made an intentional misrepresentation of fact, in other words that the Dealer knew of the material fact and intentionally misrepresented the fact to you, then you can ask for rescission.  Such intentional misrepresentation of material facts in a contract, resulting in the intended deception, constitutes actual fraud, which is a proper ground for rescission of the contract.   Total reliance upon a misrepresentation is not required to entitle a party to rescission; it is enough that the misrepresentation is part of the inducement to enter into the transaction.   In fact the Nevada Supreme Court has held that even if you were negligent in your conduct in the transaction will not bar equitable relief of rescission if the misrepresentation was intentional and actually relied upon by you. The question then becomes whether as "As Is" disclaimer and failure to disclose a material fact rises to the level of intentional misrepresentation.  First, you would have to find out if the dealer had actual knowledge of the accident.   If the Dealer had actual knowledge, you would have to prove that the failure to disclose the fact of the accident (as opposed to an actual lie) rises to the level of fraud.  Generally, fraud is not found where there has been merely a nondisclosure unless you can demonstrate that the Dealer had a duty to disclose the fact at issue. ... Read More

An experienced attorney can conduct a skiptrace search regarding the most recent address for a debtor.  Furthermore if you send a certified letter to the last known address of the Debtor and see if the mail is returned with a forwarding address from the United States Postal Service.  Of course service of process of a lawsuit under Nevada law is required to be obtained by personal service.  However if personal service is impossible, you may petition the Court for permission to conduct substitute service by publication and certified mail on the last known address of the Debtor.... Read More