Title 3

NRS 40.4636 Limitations on amount of money judgment. 1. If a person to whom an obligation secured by a junior mortgage or lien on real property is owed: (a) Files a civil action to obtain a money judgment against the debtor under that obligation after a foreclosure sale or a sale…

NRS 40.4638 Circumstances under which action to enforce obligation is prohibited. 1. A person to whom an obligation secured by a junior mortgage or lien on real property is owed may not bring any action to enforce that obligation after a foreclosure sale of the real property whic…

NRS 40.4639 Period of limitation on commencement of civil action. A civil action not barred by NRS 40.430 or 40.4638 by a person to whom an obligation secured by a junior mortgage or lien on real property is owed to obtain a money judgment against the debtor after a foreclosure s…

NRS 40.464 Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties. 1. Any vacant residential property purchased or acquired by a person at a foreclosure sale must be maintained by that person in…

NRS 40.465 “Indebtedness” defined. As used in NRS 40.475, 40.485 and 40.495, “indebtedness” means the principal balance of the obligation, together with all accrued and unpaid interest, and those costs, fees, advances and other amounts secured by the mortgage or lien upon real pr…

NRS 40.475 Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor. Upon full satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or li…

NRS 40.485 Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness. Immediately upon partial satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or l…

NRS 40.495 Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses. 1. The provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or other obligor only after default. 2. Except as otherwise provided in subs…

NRS 40.501 Definitions. As used in NRS 40.501 to 40.512, inclusive, the words and terms defined in NRS 40.502 to 40.506, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1993, 153; A 1995, 510)

NRS 40.502 “Environmental provision” defined. “Environmental provision” means any written representation, warranty, indemnity, promise or covenant relating to the existence, location, nature, use, generation, manufacture, storage, disposal, handling, or past, present, future or t…

NRS 40.503 “Environmentally impaired” defined. Real collateral is “environmentally impaired” if the estimated costs to clean up and remedy a past, present or threatened release of any hazardous substance from, in, into or onto it exceeds 10 percent of the total indebtedness owed …

NRS 40.504 “Hazardous substance” defined. “Hazardous substance” means: 1. An element, compound, mixture, solution, material or substance whose use, possession, transportation, storage, release, discharge or disposal is regulated pursuant to chapter 444, 445A, 445B, 445C, 459, 477…

NRS 40.505 “Release” defined. “Release” means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching, dumping or disposing of a hazardous substance into the environment, including continuing migration into or through the soil, surface…

NRS 40.506 “Secured lender” defined. “Secured lender” means the holder of an obligation secured by a mortgage. (Added to NRS by 1993, 154; A 1995, 510)

NRS 40.507 Right of entry and inspection of real collateral. 1. A secured lender may enter and inspect real collateral for the purpose of determining the existence, location, nature and magnitude of any past, present or threatened release or presence of a hazardous substance from…

NRS 40.508 Action by secured lender concerning environmental provision. A secured lender may bring a separate action for a breach of an environmental provision, to recover damages for the breach or for the enforcement of an environmental provision. (Added to NRS by 1993, 154; A 1…

NRS 40.509 Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest. 1. Unless the environmental provision expressly permits a different or greater recovery or subsection 2 permits the addition of interest, the damages recover…

NRS 40.511 Exceptions to applicability of NRS 40.507 and 40.508. NRS 40.507 and 40.508 do not apply if the real collateral is a unit put to residential use in a common-interest community or is real property upon which: 1. The owner maintains the owner’s principal residence; 2. Th…

NRS 40.512 Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver. 1. If real collateral is environmentally impaired and the debtor’s obligation is in default, a secured lender may: (a) Waive the secured lender’s lien as to a…

NRS 40.515 Petition, notice, hearing and order; alternative method of terminating interest. 1. If any person has died, or shall hereafter die, who at the time of the person’s death was the owner of a life estate which terminates by reason of the person’s death, any person interes…

NRS 40.525 Petition; notice; hearing and order; alternative method. 1. If title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if the other person’s interest is affecte…

NRS 40.535 Affidavit or petition may be filed in probate proceeding. Any affidavit or petition, such as described in NRS 40.525, may be filed as a part of any probate proceeding. [1(a):18:1939; added 1951, 172]—(NRS A 1965, 665) ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT Genera…

NRS 40.600 Definitions. As used in NRS 40.600 to 40.695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.603 to 40.634, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440; …

NRS 40.603 “Amend a complaint to add a cause of action for a constructional defect” defined. “Amend a complaint to add a cause of action for a constructional defect” means any act by which a claimant seeks to: 1. Add to the pleadings a defective component that is not otherwise in…

NRS 40.605 “Appurtenance” defined. 1. “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more residences, but is not a part of the dwelling unit. The term includes, without limitation, the parcel of rea…

NRS 40.607 “Builder’s warranty” defined. “Builder’s warranty” means a warranty issued or purchased by or on behalf of a contractor for the protection of a claimant. The term: 1. Includes a warranty contract issued by or on behalf of a contractor whose liability pursuant to the wa…

NRS 40.610 “Claimant” defined. “Claimant” means: 1. An owner of a residence or appurtenance; or 2. A representative of a homeowners’ association acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS. (Added to NRS by 1995, 2539; A 1997, 2717…

NRS 40.615 “Constructional defect” defined. “Constructional defect” means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation,…

NRS 40.620 “Contractor” defined. “Contractor” means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or herself or through the person’s agents, employees or subcontractors: 1. Develops, constructs, alters, repairs, improves or landscapes a…

NRS 40.623 “Design professional” defined. “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS. (Added to NRS by 2003, 2034)

NRS 40.630 “Residence” defined. “Residence” means any dwelling in which title to the individual units is transferred to the owners. (Added to NRS by 1995, 2540; A 1997, 2717)

NRS 40.632 “Subcontractor” defined. “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance. (Added to NRS by 2003, 2034)

NRS 40.634 “Supplier” defined. “Supplier” means a person who provides materials, equipment or other supplies for the construction of a residence or appurtenance. (Added to NRS by 2003, 2034)

NRS 40.635 Applicability; effect on other defenses. NRS 40.600 to 40.695, inclusive: 1. Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of …

NRS 40.640 Liability of contractor. In a claim to recover damages resulting from a constructional defect, a contractor is liable for the contractor’s acts or omissions or the acts or omissions of the contractor’s agents, employees or subcontractors and is not liable for any damag…

NRS 40.645 Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions. 1. Except as otherwise provided in this section and NRS 40.670, before a claimant commences an action or amends a complaint to a…

NRS 40.646 Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair. 1. Except as otherwise provided in subsection 2, not later than 30 days after the da…

NRS 40.6462 Access to residence or appurtenance with alleged defect after notice of defect is given. After notice of a constructional defect is given to a contractor pursuant to NRS 40.645, the claimant shall, upon reasonable notice, allow the contractor and each subcontractor, s…

NRS 40.647 Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance. 1. After notice of a constructional defect is given pursuant to NRS 40.645, before a claim…

NRS 40.6472 Response to notice of defect: Time for sending; content; effect of election to repair or not to repair. 1. Except as otherwise provided in NRS 40.670 and 40.672, a written response must be sent by certified mail, return receipt requested, to a claimant who gives notic…

NRS 40.648 Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed. 1. If the response provided pursuant to NRS 40.6472 includes an election to repair the constructional defect: (…

NRS 40.649 Notice of defect may be presented to insurer; duties of insurer. 1. If a contractor, subcontractor, supplier or design professional receives written notice of a constructional defect, the contractor, subcontractor, supplier or design professional may present the claim …

NRS 40.650 Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty. 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a re…

NRS 40.652 Offer of judgment. 1. At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design pro…

NRS 40.655 Limitation on recovery. 1. Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.600 to 40.695, inclusive, the claimant may recover only the following damages to the extent proximately caused by a constructional defect: (a) The reasonable cost of an…

NRS 40.660 Nonacceptance of offer of settlement deemed rejection. An offer of settlement made pursuant to paragraph (b) of subsection 2 of NRS 40.6472 that is not accepted within 35 days after the offer is received by the claimant is considered rejected if the offer contains a cl…