Nevada Real Estate Legal Questions

You have rights as a tenant through the end of your lease, which means that if the Landlord interrupted your quiet enjoyment of the Subject Property that you may have rights to damages.  The issue will most likely lie in that you have have a difficult time proving actual damages beyond losing exclusive possession of the residence during the early move-in (beyond perhaps a pro rata rebate of your rents paid).... Read More

If you own the property as "community property," as most spouses do in Nevada, then both spouses need to sign, so--no--you can't do it "separate of the other."  However, if you own the property as tenants in common (which some spouses do) then you can sell your interest separate from his.  Your deed to the property should specify which type of ownership you have.  For example, it should say "this property is granted to X and Y, as husband and wife as community property."  Or maybe you have a prenuptial agreement that says no property will be community property.   ... Read More

This is a very common claim in the State of Nevada.  As you may know, the 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. NRS 119A.410.  However this does not destroy your right to bring an action for rescission of the contract if you can prove that you were induced into the contract by fraud in the inducement.... Read More

There is the legal answer and then there is a practical answer.  Pursuant to NRS 118A.330, the tenant is required to allow the Landlord to peaceably enter the unit to inspect, make necessary repairs or exhibit the unit to prospective or actual purchasers.  However a landlord cannot abuse this right and (except in case of emergency), the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours unless the tenant expressly consents to shorter notice.  This is the legal rights of the Landlord. Of course, you have indicated that you have developed a good relationship with the Landlord/Seller, who may be mortified by the bad form which his agent is self-servingly showing to you.  You are not merely a tenant but a prospective (and the most obvious) purchaser for the property.  You would be within your rights to appeal to the Landlord/Seller to have their agent show better manners. ... Read More

Legal?  Yes.  However you should never sign any contract or agreement (including a residential lease) which you have not had an adequate opportunity to review and understand.  Many residential leases have a clause at the end of them which expressly states that you have had the opportunity to review the Lease Agreement and to have to reviewed by Counsel.  Make sure you avail yourself of these rights, and do not sign any Agreement unless and until you are comfortable.... Read More

The first place you need to look is in your governing documents for your HOA, which should define the terms and conditions for capital improvements.  While the term "capital improvement" is defined in other sections of the Nevada Revised Statutes, the parameters of capital improvements for HOAs is largely left to the governing documents.  You should have your CC&Rs reviewed by Counsel to assist you in this matter. ... Read More

Yes it can.  Adverse possession requires continuous, open, hostile and notorious possession of the property for the periods required under Nevada statutes.   “There can be no adverse possession if that possession is with the permission of the owner of the property.” 25 Corporation, Inc. v. Eisenman Chemical, 101 Nev. 664, 674, 709 P.2d 164, 171 (1985).  Therefore a third party can take property held as community property so long as the possession and claims are hostile and notorious to all owners of the property.  However adverse possession would not be hostile as between joint owners of a property (such as Husband and Wife) because there would be nothing notorious or hostile about holding property in which one has rights of possession as a co-owner.... Read More

You have not named the lender.  If the lender is one of the "major" banks, it should be obligated to comply with the various "regulations" or "guidelines" that have come out under the Home Affordable Act and related "acts" that claim a lender must review a short sale within a short period of time (like 45 days).  However, practical experience has shown that this "regulations" simply aren't being followed and the lender can claim that it's in compliance because it's review showed that your offering price was too low per their standards, etc., and they always demand the seller provide updated financial if they get more than 3 months "stale" etc.  Whoever is negotiating the short sale (realtor? short sale branch of a title company?) can demand to talk to a supervisor about the status, which might get results.  You can file a complaint with the governmental regulatory entity that regulates the lender (varies with who the bank is).  Bottom line, as a very practical matter, I think there is little to be done about the slow short sale practice.... Read More

The answer to your questions are the same: look at your Agreements.  For the Earnest Money Deposit ["EMD"] as between Seller and Buyer, usually the rights and remedies are defined in the Purchase Agreement.  Custom is that there will be a term defined in the Purchase Agreement during which time the Buyer conduct due diligence and determine the suitability of the purchase; during this time, the EMD remains refundable to Buyer.  After the period, there is usually a deadline by which the EMD becomes non-refundable to Buyer except and unless in cases where the Seller breaches the Purchase Agreement.  You should have your Purchase Agreement reviewed by Counsel to determine the rights and remedies thereunder as between Buyer and Seller. As to the Escrow Holder, there is normally an separate agreement/instructions executed with the Escrow Holder defining their rights and obligations to serve as a third-party neutral and directing what is to be done with the EMD.  Most escrow holders require mutually executed instructions before disbursement of the monies.  In the absence of mutual agreement, the escrow holder holds the money for a short period of time and then will interplead (deposit) the monies into a court and take its fees prior to deposit.  The reasonableness of the fee would need to be reviewed.... Read More

In County of Clark v. Powers, 96 Nev. 497 (1980), the Nevada Supreme Court indicated that in adjudicating the competing rights and interests of landowners related to surface waters.  Nevada cases enunciate three central principles: (1) the law of water rights must be flexible, taking notice of the varying needs of various localities; (2) a landowner may make reasonable use of his land as long as he does not injure his neighbor and (3) a landowner should not be permitted to make his land more valuable at the expense of the estate of a lower landowner.  With this in mind, Nevada adopted the “reasonable use” rule.  This rule of reason provides that in effecting a reasonable use of land for a legitimate purpose, a landowner or user, acting in good faith, may drain surface waters and cast them on a neighbor's land if: (a) the injurious flow of waters is reasonably necessary for drainage; (b) reasonable care is taken to avoid unnecessary injury; (c) the benefit to the drained land outweighs the gravity of harm inflicted upon the flooded land; (d) the drainage is accompanied, where practicable, by the reasonable improvement and aiding of normal and natural systems of drainage in accordance with their reasonable carrying capacity; and (e) where no natural systems of drainage are available, the drainage is accomplished by the use of a reasonable, artificial system of drainage.... Read More

The rights of access to your community are likely governed in your CC&R's, which is the first place that you should look for your rights and remedies.  Of course if you are approaching your Management Company telling them that you need a gate code for ADT, you may be approaching this matter in an incorrect manner.  Tell them that you need a gate code for YOU, for the days that you forget your remote control.  The reason that there are keypads are usually twofold: (1) to allow visitors to ring you for access and (2) as a backup mechanism for entry.  It would be highly unusual that no gate codes are assigned and programmed for residents. ... Read More

Your HELOC (Home Equity Line of Credit) is a form of line of credit which is commonly used as a second loan for residential real estate.  Like any other form of credit used as a second loan, it is usually dischargeable in bankruptcy and subject to the same lien stripping provisions as other loans.  If you do not have the HELOC addressed/discharged in a bankruptcy, your HELOC lender could pursue you for a deficiency judgment and seek collection of the same or could issue a 1099 if forgiven outright.... Read More

The nebulous answer is: it depends.  Many lease agreements provide that the tenant is liable for any and all property damage (including fixtures) within a rented premises.  Therefore the first place you need to look it in the Lease Agreement for allocation of responsibility and maintenance.  The second issue which you need to address is whether the Landlord had knowledge and/or caused the chandelier to fall or whether the Tenant caused the chandelier to fall.  In many cases, this is where Tenants will simply turn the matter over to their insurer and have Tenants' insurance and Landlord's insurance haggle over coverage because the amounts in controversy make detailed litigation over the table cost prohibitive.... Read More

Your predicament sounds terrible and has multiple facets.  The first issue is being able to keep your business operating.  Your Landlord has a right to rent.  You have indicated that you are willing to pay the rent to the Landlord but want the late fees deducted.  File an Answer within the 5 business day period after service of the 5 Day Pay or Quit and indicate your willingness to pay the rent. As far as suing the drunk driver, you certainly can do so with the caveat that if the drunk driver has substandard/no insurance that you may not be able to recover.  You should keep the dialog open with your insurer/agent and determine if you have business interruption coverage for your business.   As with many other legal issues, once you get into coverage questions, consultation with an attorney is probably in your best interest. ... Read More

The bankruptcy imposes an automatic stay that stops creditors from harassing you, taking steps to collect the debt, or doing a foreclosure sale pending the outcome of the BK, or until the HOA files a motion to lift the stay so that it can proceed with a foreclosure sale.  However, your question is whether the HOA can sell the note, not whether it can foreclose.  Normally an HOA would only have a debt owed to them per the CC&Rs, not a promissory note.  Yes, it can sell the debt, but the BK rules affect the new owner of the note (apparently the collection company) the same as the HOA, therefore the fact that they sold the debt .  If the HOA filed a claim in the BK, then normally it would file a notice with the court that the claim has been assigned to a new party (the collection company). If the collection company is taking actions it should not have the right to take, they should be told to cease and desist due to the BK, assuming the BK is in a stage where the stay is still in effect.  ... Read More

While the generalities of the situation can be discussed, the key to your situation likely lies in the terms and conditions of the Application which you submitted.  Generally, an Application is just that and does not create a binding agreement other than the potential forfeiture of the Application Fee.  You should have counsel review your Application to determine your rights and remedies and whether there is a liquidated damages clause in the Application/Agreement which could be invoked to allow the Landlord to retain a $1,500 deposit.... Read More

The answer to your question is mixed and omits the one party who has a clear duty to disclose construction defect litigation.  Pursuant to NRS 40.688, a Seller of a residence which has been the subject of a construction defect claim shall disclose in writing to any prospective purchaser not less than 30 days before the close of escrow all construction defect notices, all expert reports and opinions regarding the alleged defects, the terms of any settlement or judgment for construction defects and any repairs that were made to the residences.  Likewise the HOA can be defined as a "Claimant" for which NRS 40.688 can apply a disclosure duty.  The Nevada Real Estate Division has created specific disclosures required in real estate transactions for homes which have been the subject of construction defect claims.  Furthermore there are common law duties of disclosures placed on sellers in real estate transactions. Disclosure duties on real estate agents are less clear as related to the construction defect litigation because the law does not presume that real estate agents will have first hand knowledge of whether construction defect claims.  NRS 645.252 provides that real estate agents shall disclose to each party any material and relevant facts which the real estate agent knows, or through reasonable care and diligence should have known, relating to the property which is the subject of the transaction.  Actual knowledge by the real estate agent of construction defects and claims would be considered material facts related to the property.  However subsection (4) of the same statute makes clear that real estate agents are not required to "conduct an investigation of the condition of the property which is the subject of the real estate transaction."     ... Read More

Nevada is a community property state so if the property is community property then both spouses must sign the deed of trust.  In your case, the property is not community property because you owned it prior to the marriage and have not deeded your wife an interest in it.  The bank wants the quitclaim deed to be absolutely sure the house is not community property.  The quitclaim does not provide recourse against your wife, it does the opposite. ... Read More

The answer to your question is multi-layered and is most likely controlled by the terms of your loan documents and Deed of Trust.  While it is not illegal for an owner/mortgagor to quitclaim property out of their name, many loans and deeds of trust contain acceleration clauses or "due-on-sale" clauses which provide that upon the owner transferring any interest in the Subject Property that the entire loan balance shall be paid in full.  These clauses are regulated by Federal Law.  Nonetheless the Lender may have the right upon any sale or transfer of interest to demand payment in full on the loan. Of course the right and desire to accelerate a loan are different things.  In practice, many lenders do not monitor the ownership status of secured property unless and until there is some reason for the lender to verify the ownership status of the Subject Property.  Put more simply, many lenders simply seek to make sure that the loan remains in good standing and that payments are made timely. Finally, although you will often see the term "quick claim" erroneously used for a deed of disclaimer, the correct term is actually a "Quitclaim Deed".... Read More

A quitclaim deed is one in which the seller transfers to you whatever title seller has to the property, but does not warrant or guaranty that he has title or what "quality" of title he has.  If he really owned free and clear title, you get free and clear title.  If he didn't hold the title at all, then you get nothing from his quitclaim deed.  So, there is risk attached to a quitclaim deed.  The preferred deed in NV is a "grant, bargain and sale deed" because then the seller warrants (guarantees) that he holds title.  But there are nonetheless numerous situations in which quitclaim deeds make sense and are OK to do, just depends on the circumstances and how much reliable information you have about the property (e.g., a title report).   ... Read More

"Cash for Keys" is an incentive program offered by lenders to streamline the process of recovering possession of properties and to ensure a smooth transition and prevent waste or damage to the property.  You are able to approach your Lender at any time to request and negotiate a Cash for Keys transaction.  However a Lender's incentive to offer Cash for Keys is directly proportionate to the amount of hassles that you have caused the Lender.... Read More

I am not precisely certain as to the nature of your issue.  It appears that there are three people on title (Father, Mother, Son) but only one person on the Promissory Note (Son).  It is not clear if there is only one person (Son) on the Deed of Trust which secures the loan for the Subject Property. If your son defaults on the loan and either (a) allows the property to proceed into foreclosure; (b) agrees to a Deed in Lieu of Foreclosure; or (c) files bankruptcy and relinquishes the Subject Property back to the Lender, your rights to the Subject Property are not clear.  You indicate that you have taken Son off of title to the Subject Property by Deed, which really does not address the rights of the Lender to foreclose upon its interest in the Property.  The Lender's rights to foreclose (and against what rights in and to the Property) are going to depend on who signed the Deed of Trust and when.  You would be well served to bring all of the loan and title documents to an attorney to have him/her review the documents (as well as the title history) to determine the respective rights and position of the Lender in relation to you.... Read More

You mean bank did not have mom and dad sign as "buyers" or "borrowers," not "sellers"?  If son's name only one on promissory note, then son is only one personally liable (i.e., if deficiency left after foreclosure, bank could only sue son for it).  If all three were owners of property, then mortgage (in Nevada, is probably deed of trust) must be signed by all three, which means that if son did not keep loan current, then bank could foreclose on property but only look to son for the deficiency (i.e., mom/dad put the property at risk for nonpayment, but not other assets).  If you are saying mortgage was not signed by all owners, then it is not valid against the non-signing owners and bank cannot foreclose it.  (If you are saying you signed mortgage but not promissory note, then mortgage is valid and can be foreclosed.)  If mortgage is invalid, bank has only an unsecured debt against our son and title to your property is free and clear.  That could only happen if the bank made a mistake at the time of closing (HIGHLY unusual, so your facts may be erroneous), and bank probably got title policy insuring validity of mortgage and has claim against title company.  If son files bankruptcy and mortgage is invalid, then debt treated as personal debt and he would not "return property to bank."  Mom/dad would own the property free and clear, but might have to go through legal steps to get mortgage off record when sell property.  ... Read More

If they have not entered into a contract with a different buyer, you can submit a new offer that is tied to conventional financing instead of FHA.  If they have already entered into a contract with a different buyer, I don't see how you have a "case" to fight over--you simply submitted an offer and they rejected it.  If you are saying you submitted a full price offer on exactly the terms they were marketing the house for, then they did not have the right to reject your offer, but your summary of the facts does not indicate that.... Read More