Nevada Real Estate Legal Questions

Generally "Limited-Purpose Associations" are exempt from the requirements of Chapter 116 of the Nevada Revised Statutes (except regarding the payment of certain fees or registration). NRS 116.1201.  A “limited-purpose association” means an association that: (a) is created for the limited purpose of maintaining: (1) The landscape of the common elements of a common-interest community; (2) Facilities for flood control; or (3) A rural agricultural residential common-interest community; and (b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units' owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.... Read More

There are a couple of options available to you.  The easiest is simply to pull a copy of the Deed which shows the location and existence of the easement and attempt to reason with your neighbor.  Should this not be successful, you can bring an action to quiet title and/or for declaratory relief regarding your rights under your easement, as well as injunctive relief to prevent your neighbor from interfering with your rights to use your easement.... Read More

You may be able to find an attorney to assist you on a contingency fee basis; however the contingency fee must be easily calculable.  The remedy which you appear to be seeking is to enjoin the wrongful sale of your property under liens which you believe should have been paid.  The facts as set forth do not appear conducive for most attorneys to accept contingency fee representation.... Read More

There are many pitfalls to the contract for deed manner of purchasing property.   First, and most obviously, a Buyer who default riskes losing all of the monies put down because of a breach in that the Buyer has no equity.  Secondarily, because the Buyer is making payments but not receiving any title interest until fulfillment of the contract, Buyer loses many of the advantages of property ownership and protections against foreclosure by the Seller's lender(s).  Furthermore the title may become clouded during the contract period, meaning that a fulfilling Buyer is left with unmarketable title having been purchased.  Buyers should only enter contract for deed scenarios with their eyes open and after having the contract reviewed by Counsel.... Read More

Vacation rentals may fall under NRS 118A.242, which requires an accounting and return of the security deposit within thirty days.  Alleged defamation is not a basis for retention of security deposit under this statute.  Furthermore defamation is a very difficult claim to prove if you did write the review.  Obviously if you did not write the review, you have a great claim against the Landlord.... Read More

There is no statutory right to a grace period under a lease agreement.  Instead grace periods are a matter contracted for under the lease.  Where the concept a "5 Day Grace" period originates is the rights under NRS 40.253 et. seq. that a Landlord must serve a Tenant with a "5 Day Pay or Quit" Notice before commencing eviction proceedings. As far a rental increases, as you note, NRS 118A.300 provides  that "[t]he landlord may not increase the rent payable by a tenant unless it serves the tenant with a written notice, 45 days or, in the case of any periodic tenancy of less than 1 month, 15 days in advance of the first rental payment to be increased, advising the tenant of the increase." ... Read More

The Nevada Real Estate Division has the authority to reduce fines and penalties to Judgment and to collect upon such judgments as vigorously as any other Judgment Creditor.  You are entitled as a matter of due process to notice of the violation and to participate in the hearing. Pursuant to NRS 645.680, the Licensee "must be given at least 30 days' notice in writing by the Division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the complaint. The Division may present evidence obtained after the notice only if the Division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee, permittee or owner-developer and that the evidence was given or communicated to the licensee, permittee or owner-developer immediately after it was obtained."... Read More

The rule of thumb is that most lenders won't give you a new house loan for 2 years after the sale date (not the mere listing date) of your short sale, but it could be longer or shorter, depending on the lender.  FHA has a written policy to wait 2 years before giving a new FHA loan.  Some people say you can always get a loan if you're willing to pay for it--higher interest rate and bigger down payment (i.e., "hard money lenders"), but I would not expect one of the "big 5 banks" to consider you for at least 2 years, and even then you'll need to have brought your credit rating back up to their standards (which I understand is now in the 700+ range).  ... Read More

No.  For an eviction related to nuisance/noise (as opposed to failure to pay rent timely), the landlord has a couple of options--none of which involve a lock change in 24 hours.  Under a 5 day lease violation notice, the notice must provide the tenant with 3 days to cure or remedy the lease violation.  If the landlord does not agree that the conduct has ceased or otherwise wants to continue with the eviction at the end of the 3 or 5 day period, the Tenant will receive a 5 day unlawful detainer notice after the 5 day lease violation or 3 day nuisance notice expires.  The eviction notice must contain the reasons for the eviction and notify the tenant that if a court finds Tenant guilty of an unlawful detainer that the court may issue a summary order for the sheriff or constable to remove the Tenant within 24 hours after receipt of the order.  If you have questions regarding whether the process was followed, you should consult with Counsel.  ... Read More

In Nevada, purchasers of timeshares may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract.   NRS 119A.410.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.  The problem that you will run into is that Timeshare Liquidators is a timeshare "resale" company; the rights of rescission for resale timeshares are much less clear in the State of Nevada.  You still have the remedy of suit for fraud in the inducement.  You are following the correct steps which are (a) dispute with your credit card company; (b) immediate notice via certified mail to the Seller of the fraudulent representations and intent to rescind the Agreement.... Read More

The short answer is that you have an interest in this property which conveys to you equal rights to the Subject Property.  What your question did not indicate is whether all partners are obligors (personally) on the loan documents.  If you are not personally on the loan documents, the Lender will have few direct remedies against you in most cases. ... Read More

In Nevada, sales of new timeshares come with a 5 calendar day right of rescission.  NRS 119A.410 provides that "[t]he purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.  The right of cancellation may not be waived."   The notice of cancellation may be delivered personally to the developer or sent by certified mail, return receipt requested, to the business address of the developer.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser. Unfortunately your scenario above indicates that you did not buy a timeshare from a developer but from a resale entity.  Under NRS 119A.4771 et. seq. ("Resale of Units"), there is no corollary right of rescission period for resale units.... Read More

In Nevada, it is not customary to need an attorney for a residential real estate closing.  Nonetheless certain people feel more comfortable having counsel involvedl  Nonetheless a compentent real estate agent should be able to ensure that (a) there is a title report and title insurance showing that any past liens and encumbrances were satisfied and (b) that your Deed upon receipt conveys clear title to you.... Read More

There is no such "law of entitlement" in the State of Nevada.  The lender had a contract (Promissory Note) with your husband which provided the terms under which your husband would pay the loan balance in installments and under which the Lender could accelerate the loan balance and make the entire balance due and owing immediately, including a change in ownership usually.  While the Lender has the right in many cases to accelerate the loan balance, it is rare that a lender will do so absent a default in the payment on the loan.  You have indicated that you fell behind which led to this loan coming up on the Lender's radar.  Your best option is to consult with counsel who can review the loan documents and potentially assist you in finding a solution with the Lender.  The other option (should you receive a Notice of Default) is to elect to go into the Nevada Supreme Court Foreclosure Mediation Program to see if you can have assistance from a mediator in meeting with the lender and working on a solution.... Read More