Nevada Residential Real Estate Legal Questions

Your legal options are that you are the owner of the real property and need to determine if (a) an agreement to transfer title (i.e. a purchase); and (b) an agreement for possession of the Subject Property. If there is no valid agreement under which your daughter and boyfriend are entitled to purchase the Subject Property. You should write to your daughter and tell her that demand is hereby made that she open escrow and close the transaction. If she fails to purchase the Subject Property within the reasonable time, then the Agreement to purchase shall be deemed repudiated and void.... 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 problem is an all too common one.  Under Chapter 40 of the Nevada Revised Statutes, as well as the Federal Helping Families Save Their Homes Act of 2009, purchasers in a foreclosure sale must provide tenants with a 90 day pre-eviction notice.  These laws do not excuse you from paying rent for a property in foreclosure but do provide protections to you to make sure that you are not wrongfully evicted while you are considering to whom to pay your rents.  The fastest that you could be evicted is 5 judicial days after being served with a 5-Day Pay or Quit Notice, during which time you could either pay the rents or file your Opposition with the Justice Court explaining your circumstances and asking the Court for a hearing.  Likewise Chapter 107 of the Nevada Revised Statutes requires that the foreclosing lender to give you written notice of your right to either: (1) terminate the lease or rental agreement and move out or (2) remain and possibly be subject to eviction proceedings. That notice must also describe their rights and responsibilities under Nevada eviction procedures. The notice must be both posted on the property and mailed to the tenants.... Read More

You should consult NRS 118A.242 which contains the provisions and requirements on landlords to provide an accounting of alleged damages and your protocols for contesting the accounting and demanding your security deposit back, including remedies for the Landlord failing to act in good faith in retaining the security deposit.... Read More

  The provision of power/electricity 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 the landlord uses its 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. Therefore the withholding of rent can be proper as one of the remedies. The second remedy is to claim that the Landlord is failing to provide essential service under NRS 118A.390. Essential services include electricity. 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 noncompliance period. The 48 hours begin after the notice is received by the landlord. If the Landlord intentionally interrupts essential services, the Tenant can file a Verified Complaint with the Justice Court and/or terminate the rental agreement.... Read More

NRS 113.130 through 150 govern a Seller's duties of disclosure in residential real estate, which is addressed through the Sellers Real Property Disclosure form.  NRS 113.150 governs remedies for a seller's delayed disclosure or nondisclosure of defects in a sale of residential property. NRS 113.150(4) provides, in pertinent part, that with limited exceptions not applicable here, treble damages are warranted when a seller sells residential property without disclosing known defects "if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser . . . with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney's fees."... Read More

This area of the law is very up in the air.  While Federal and State authorities have been quick to clarify the protections of tenants in lender foreclosures, HOA foreclosures have not been made as clear.  The Nevada Supreme Court has recently stated in an unpublished opinion regarding HOA foreclosures that the Purchaser has all of the rights (and retains all of the obligations) of the previous landlord under the Lease Agreement.  Under Federal law, in most cases, the new owner after foreclosure cannot evict the Tenant until the end of the lease with two exceptions (1) the new owner wants to use the home as Buyer's primary residence (in which case Buyer only has to give Tenant a 90-day notice to leave) or (2) Tenant does not pay rent or violates the lease.  Unfortunately an argument has been made that these protections only apply to lender foreclosures and may not extend to the foreclosure of HOA or other lien interests.... Read More

Based upon all of the facts as represented, you would file a Complaint for inter alia partition/quiet title, breach of contract, accounting, misrepresentation and unjust enrichment.  You should put a lis pendens on the property at the same time as filing the action to protect the title.... Read More

If the contract had a Close of Escrow date, and time was of the essence in the performance of the terms of the Agreement, then the failure to close is a material breach and entitles you to all remedies under the Purchase Agreement.  Normally, Buyer's remedies are limited to return of the Earnest Money Deposit.  From the facts you have listed, you appear to be correct. ... Read More

The question will come down to two (2) factors: (1) what does your lease state regarding allocation of maintenance and repair obligations between Landlord and Tenant; and (2) whether your son was negligent and caused the damage to the garage door.  The impediment for the Landlord and you is that the amount in controversy is only $1,200, which is below your security deposit.  You should talk with the Landlord and seek to settle the issues before it becomes prohibitively expensive for both of you.... Read More

Your question is confusing.  Seller's lender approved the transaction; however the time to close escrow expired.  If you submitted a new offer, then you have consented to going back to Square One and starting the approval process all over again.  At this point in time, you most likely will have to go back through the approval process, which may not be granted a second time for the same price and terms.... Read More

The answer is first and foremost defined in the lease, which usually requires a tenant to leave a property in the same condition in which they leased it. The exception comes in fixtures, which are generally defined to become attached and part of the property and to not be susceptible to removal by a tenant.... Read More

If your Sister and Brother will consent to allow you to deed your interest in the condo to them, the cost would be simply preparing a Quitclaim Deed transferring your interest.  The recording costs would be less than $20.  You would be exempt from Real Property Transfer Tax since it is a transfer to a co-owner.... Read More

The ADA governs "public accommodations," which is not generally an individual's unit.  The ADA generally does not apply to limited common elements in communities (unless opened to the public).  However there is Federal Fair Housing law, which provides that an Association may not legally refuse to make reasonable accommodations in its rules or policies when such accommodations may be necessary for a disabled owner to fully utilie his or her unit.  FFHA further requires HOAs to permit a disabled owner to make, at such owner's expense, reasonable modifications to the owner's unit and HOA common areas.... Read More

The entire process of sale pursuant to HOA liens is a relatively new phenomenon in Nevada.  The process of foreclosure determines title to the Subject Property but does not change possession without eviction proceedings being undertaken.  If the purchaser has changed the locks without formal proceedings to terminate possession (eviction), you should bring an action to set aside the foreclosure and for illegal lockout. In answer to the second question, purchasers of HOA Liens are not required to pay off your mortgage in order to purchase the rights pursuant to the lien.... Read More

Pursuant to NRS 118A.330, a tenant shall not unreasonably withhold consent for the landlord peaceably to enter into the residence to: (a) inspect the premises; (b) make necessary or agreed repairs, decorating, alterations or improvements; (c) supply necessary or agreed services; or (d) exhibit the dwelling unit to prospective or actual purchasers or tenants.  This right of access is generally interpreted to mean 24 hours notice before access and showing of the Property, except in cases of emergencies.... Read More

The answer to your question (as with so many questions in law) is: it depends on the facts.  You state that your father passed away without a will (presumably in the State of Nevada), which is called intestacy.  Chapter 134 of the Nevada Revised Statutes governs intestate succession.  If a decedent leaves a surviving spouse, any property held as community property with right of survivorship would vest in the wife.  In regards to separate property, where your father left a spouse and child(ren), his separate property estate would have been divided (a) if you are the only child, 1/2 to the spouse and 1/2 to you; and (2) if there was more than one child, 1/3 to the spouse and the remaining 2/3 in equal shares to the children and the lawful issue of any deceased child by right of representation.   Under this provision, I presume that your stepmother took title to the real estate and owns the real estate. As to your rights to take under your stepmother's estate, the first question is whether she has a Will.  If she has a Last Will and Testament, her express bequests will control disposition of the property.  If she dies without a will (and subject to intestacy also), you would not be entitled to take from her unless you were an adopted child.    ... Read More