reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.180 - Sales: Approval of plan and methods required; application by broker and salesperson.

No subdivision or lot, parcel or unit in any subdivision may be sold:
1. Until the Division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale. The plan or methods must describe with particularity:
(a) The form and content of advertising to be used;
(b) The nature of the offer of gifts or other free benefits to be extended;
(c) The nature of promotional meetings involving any person or act described in this subsection;
(d) The contracts, agreements and other papers to be employed in the sale of the property; and
(e) Such other reasonable details as the Division requires.
The written plan, or the methods proposed, may be filed as a part of the application under NRS 119.140.
2. Except through a broker, and before any offering or disposition, pursuant to any license granted under this chapter, the name of the broker must be placed on file with the Division. Only that broker or his or her real estate salesperson may offer or sell the subdivided property or any interest therein. Before a salesperson offers or sells any property or interest, the salesperson’s name must be placed on file with the Division. The broker and salesperson, if any, shall:
(a) Complete an application in such a form and containing such reasonable information as the Division requires.
(b) Pay the fees prescribed in this chapter.
A broker and a salesperson may represent one or more developers only after completing an application with respect to each developer in such a form and containing such reasonable information as the Division requires and paying the fees prescribed in this chapter.
(Added to NRS by 1971, 1407; A 1973, 1756; 1977, 59; 1983, 274, 412; 1985, 1408; 1987, 786)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.181 - Sales: Activities of registered representatives; application by registered representative.

1. No person, except a registered representative of the developer or a broker or salesperson who has complied with NRS 119.180 may induce, solicit or attempt to have any person attend any offer or sale of subdivision property or any interest therein. A broker is responsible for the inducing and soliciting activities of his or her registered representative. The registered representative and the developer must comply with the same standards of business ethics as apply to licensed real estate brokers and salespersons. A registered representative shall not make statements of any kind concerning prices, interests or values of the subdivision property. A registered representative’s activities must be limited to inducing and soliciting persons to attend an offer or sale of subdivision property and handing out information approved by the Division and a registered representative shall strictly conform to the written plan approved by the Division pursuant to NRS 119.180.
2. Before engaging in any activities specified in subsection 1, each registered representative of the developer, under such regulations as the Division may promulgate, shall:
(a) Complete an application in such form and containing such reasonable information as the Division may require.
(b) Pay the fees prescribed in this chapter.
Such a person shall be known as a registered representative of the developer and may not use the term "licensee." Real estate brokers and salespersons licensed in the State of Nevada may function as registered representatives upon the completion of whatever application and the submission of whatever reasonable information the Division may prescribe, and upon the payment of the fees prescribed in this chapter.
(Added to NRS by 1983, 276)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.182 - Sales: Review of information by broker or salesperson; rescission by purchaser.

1. The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesperson before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the broker’s files within the State of Nevada for 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the Division.
2. The purchaser of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 or 119.122 may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract, and the contract must so provide. The right of cancellation may not be waived. Any attempt by the developer to obtain such a waiver results in a contract which is voidable by the purchaser.
3. 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.
4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.
(Added to NRS by 1983, 277; A 1983, 414; 1987, 301; 2003, 983; 2007, 1548)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.183 - Sales: Disclosure to purchaser concerning public services and utilities.

Each seller of more than one lot created by a map of division into large parcels must, before the intending purchaser signs any binding agreement, disclose to the intending purchaser in writing by a separate document signed by the intending purchaser that the city, county, school district and special districts are not obligated to furnish any service, specifically mentioning fire protection and roads, to the land so divided, and that any public utility may be similarly free of obligation.
(Added to NRS by 1979, 1507)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.1835 - Sales: Disclosure to purchaser of location of rights-of-way and easements for electrical transmission lines.

It is unlawful for a developer to sell any lot, parcel, unit or interest in a subdivision without disclosing to the purchaser in writing, before the purchaser signs any binding agreement, the location in the subdivision, and on all land contiguous thereto, of all rights-of-way and easements for transmission lines of public utilities that supply electricity if the developer knows or reasonably should know the locations of such rights-of-way and easements.
(Added to NRS by 1997, 1964)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.1837 - Sales: Developer must comply with certain provisions governing public offering statements for common-interest community containing converted building.

It is unlawful for a developer to sell any lot, parcel, unit or interest in a subdivision without complying with the provisions of NRS 116.4106, if applicable.
(Added to NRS by 2005, 2622)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.184 - Sales: Approval of advertising and offering.

1. A subdivision consisting of land situated in the State of Nevada or another state must not be advertised or offered for sale within the State of Nevada until the advertising and offering is approved by the Division. Each advertisement must contain the processing number assigned by the Division.
2. Each application for approval of advertising must be accompanied by:
(a) A filing fee based on a schedule of fees established by the Division; and
(b) Fees for inspecting the advertising and the property in amounts established by the Division.
3. The Division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date the application is filed.
4. The Division shall adopt regulations to accomplish the purpose of this section.
(Added to NRS by 1983, 278; A 1993, 2294; 2003, 1305)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.185 - Qualifications of registered representatives.

1. Registered representative permits shall be granted only to persons who:
(a) Bear a good reputation for honesty, truthfulness and fair dealing;
(b) Are of good moral character;
(c) Are competent to transact the business of a registered representative in such a manner as to safeguard the interests of the public; and
(d) Meet such other reasonable requirements as the Division may promulgate.
2. The Division shall establish rules and regulations to carry out the provisions of this section.
(Added to NRS by 1973, 1759)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.190 - Additional penalty for violations.

In addition to any other penalty imposed by this chapter, the Division:
1. Shall suspend or revoke the license or registration of a broker, real estate salesperson or registered representative who violates any provision of this chapter for such time as in the circumstances it considers justified.
2. May deny the renewal of the license or registration of a broker, real estate salesperson or registered representative who violates any provision of this chapter.
(Added to NRS by 1971, 1408; A 1995, 376; 2001, 529)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.200 - Participation by officers and employees of Division prohibited.

No officer or employee of the Division or any association, firm or corporation with which an officer or employee is associated shall act as a broker of a subdivision, lot, parcel, unit or interest therein or offer or dispose of a subdivision, lot, parcel, unit or interest therein required to be approved pursuant to NRS 119.140.
(Added to NRS by 1971, 1408)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.210 - News media not liable for publication or content of advertisements.

The owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or network of stations or the agents or employees of any such owner, publisher, licensee or operator of such a newspaper, magazine, station or network of stations shall not be liable under this chapter for any advertising of any subdivision, lot, parcel or unit in any subdivision carried in any such newspaper or magazine or by any such television or radio broadcasting station or network of stations nor shall any of them be liable under this chapter for the contents of any such advertisement.
(Added to NRS by 1971, 1409)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.220 - Action by purchaser or Administrator for misrepresentation or other violation.

1. Where any part of the statement of record, when that part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the Administrator or any person acquiring a lot in the subdivision covered by the statement of record from the developer or his or her agent during the period the statement remained uncorrected (unless it is proved that at the time of the acquisition the Administrator or purchaser knew of the untruth or omission) may sue the developer in any court of competent jurisdiction.
2. Any developer or agent, who sells or leases a lot in a subdivision:
(a) In violation of this chapter; or
(b) By means of a property report which contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein,
may be sued by the Administrator or purchaser of the lot.
3. If a suit authorized under subsection 1 or 2 is brought by the purchaser, the purchaser is entitled to recover such damages as represent the difference between the amount paid for the lot and the reasonable cost of any improvements thereto, and the lesser of:
(a) The value thereof as of the time the suit was brought;
(b) The price at which the lot has been disposed of in a bona fide market transaction before suit; or
(c) The price at which the lot has been disposed of after suit in a bona fide market transaction but before judgment,
or to rescission of the contract of sale and the refund of any consideration paid by the purchaser.
4. If a suit authorized under subsection 1 or 2 is brought by the Administrator, the Administrator may seek a declaration of the court that any person entitled to sue the developer or his or her agent under this section is entitled to the right of rescission and the refund of any consideration paid by him or her.
5. Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
6. Reasonable attorney’s fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
7. The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of an interest in a subdivision or the right of the State to punish any person for any violation of any law.
(Added to NRS by 1971, 1409; A 1973, 1758; 1987, 1076)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.230 - Sale under blanket encumbrance unlawful; exceptions.

It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with:
1. All sums paid or advanced by purchasers are placed in an escrow or other depository acceptable to the Division until the fee title contracted for is delivered to such purchaser by deed together with complete release from all financial encumbrances; or
2. The fee title to the subdivision is placed in trust under an agreement or trust acceptable to the Division until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser; or
3. Such blanket encumbrance contains provisions evidencing the subordination or release of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider, and further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property upon full payment of the purchase price owed by such person.
(Added to NRS by 1971, 1409)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.240 - Adoption of regulations required.

The Division shall, not later than January 1, 1972, and may from time to time thereafter, promulgate such regulations as it deems necessary for the carrying out and enforcement of the provisions of this chapter.
(Added to NRS by 1971, 1410)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.250 - Actions to enjoin violations; intervention.

1. Whenever the Division believes from evidence satisfactory to it that any person has violated any order, regulation, license, permit, decision, demand or requirement, or any part or provision thereof, or any of the provisions of this chapter, it may bring an action in the name of the Division in the district court of the State of Nevada in the county wherein such person resides or maintains his or her principal place of business, or, if such person resides outside the State of Nevada, in any court with proper jurisdiction within or outside the State of Nevada, against such person to enjoin such person from continuing such violation, engaging therein or doing any act or acts in furtherance thereof.
2. The Administrator in the name of the Division may intervene in any action involving a subdivision or interest therein, within the provisions of this chapter, if such intervention is necessary in the public interest and for the protection of purchasers.
(Added to NRS by 1973, 1760)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.260 - Orders to cease and desist; agreement with developer in lieu of issuance of order.

1. The Administrator may issue orders directing persons to desist and refrain from engaging in activities for which they are not licensed under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter.
2. A person who has violated any of the provisions of this chapter shall not engage in any activity for which a license issued pursuant to this chapter is required after receiving an order in writing from the Administrator directing the person to desist and refrain from so doing.
3. Within 30 days after the receipt of such an order, the person may file a verified petition with the Administrator for a hearing.
4. The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.
5. If the decision of the Administrator after a hearing is against the person ordered to cease and desist, the person may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.
6. In lieu of issuing an order to cease and desist, if the developer is conducting activities in a manner not in compliance with the provisions of this chapter, the Administrator may enter into an agreement with the developer in which the developer agrees to:
(a) Discontinue the activities that are not in compliance with this chapter;
(b) Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearing; and
(c) Return to the purchasers any money or property which the developer acquired through such activities.
Except as otherwise provided in NRS 239.0115, the terms of such an agreement are confidential unless violated by the developer.
(Added to NRS by 1973, 1760; A 1985, 1409; 1995, 376; 2007, 2071)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.265 - Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a license or permit issued pursuant to this chapter.
2. The complaint or other charging documents filed with the Division to initiate disciplinary action and all documents and other information considered by the Division or a hearing officer when determining whether to impose discipline are public records.
(Added to NRS by 2007, 1547)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.267 - Confidentiality of records: Certain criminal and financial records deemed confidential; exceptions.

Except as otherwise provided in NRS 119.265, unless otherwise ordered by a court, the Division may keep confidential the criminal and financial records of a licensee, permittee or an applicant for a license or permit issued pursuant to this chapter.
(Added to NRS by 2009, 364)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.270 - Hearing officers.

In any proceeding under this chapter, the Administrator may appoint hearing officers from the staff of the Department of Business and Industry who shall act as his or her agents and conduct any hearing or investigation which may be conducted by the Administrator under the provisions of this chapter.
(Added to NRS by 1973, 1760; A 1993, 1510)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.280 - Powers of Administrator to take testimony, administer oaths, issue subpoenas and classify confidential records.

1. The Administrator may:
(a) Take testimony and other evidence concerning all matters within the jurisdiction of the Division under this chapter.
(b) Administer oaths.
(c) Certify to all official acts.
(d) For cause, issue subpoenas for attendance of witnesses and the production of books and papers.
2. The Administrator shall classify as confidential certain records and information obtained by the Division when such matters are trade secrets, including but not limited to lists of prospective purchasers and lists of purchasers with whom a sale has been consummated. This power is subject to the limitations and protective measures in NRS 49.325.
(Added to NRS by 1973, 1761)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.290 - Service of process; witness fees.

1. In any hearing in any part of the State the process issued by the Administrator extends to all parts of the State and may be served by any person authorized to serve process of courts of record.
2. The person serving any such process shall receive such compensation as may be allowed by the Administrator, not to exceed the fees prescribed by law for similar service.
3. Each witness who appears by order of the Administrator shall receive for his or her attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request the witness is subpoenaed.
(Added to NRS by 1973, 1761)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.300 - Action to compel attendance of witnesses and production of documents.

1. The district court in the county in which any hearing may be held has the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as requested by any subpoena issued by the Administrator.
2. In case of the refusal of any witness to attend, testify or produce any papers required by such subpoena, the Administrator may report to the district court in the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Administrator in the cause or proceeding named in the subpoena or has refused to answer questions propounded to the witness in the course of such hearing, and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Administrator.
3. The court, upon petition of the Administrator, may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended, testified or produced the books or papers before the Administrator. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Administrator, the court may thereupon enter an order that the witness appear before the Administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1973, 1761)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.310 - Depositions and discovery.

1. The Administrator may, in any hearing before the Administrator, cause the depositions of witnesses to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district court of this state, and to that end may compel the attendance of witnesses and the production of books and papers.
2. The clerk of the district court in the county in which any hearing is held by the Administrator shall, upon the application of the Administrator, issue commissions or letters rogatory to other states for the taking of evidence therein for use in any proceedings before the Administrator.
3. Any party to any hearing before the Administrator shall have the right to the attendance of witnesses in his or her behalf at such hearing or upon deposition, as set forth in this section, upon making request therefor to the Administrator and designating the name and address of the person or persons sought to be subpoenaed.
(Added to NRS by 1973, 1762)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.322 - Disciplinary action for failure to pay money to Real Estate Division.

In addition to any other remedy or penalty, the Administrator may:
1. Refuse to issue a license, permit or registration to a person who has failed to pay money which the person owes to the Division.
2. Refuse to renew, or suspend or revoke, the license, permit or registration of a person who has failed to pay money which the person owes to the Division.
(Added to NRS by 2003, 1304)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.325 - Grounds for imposing fine or suspending, revoking, denying renewal of or placing conditions upon property report, permit, partial registration, exemption or license.

The Administrator may impose a fine or suspend, revoke, deny the renewal of or place conditions upon the property report, permit, partial registration, exemption or license issued pursuant to this chapter of a developer at any time if:
1. The developer obtained the property report, permit, partial registration, exemption or license by false or fraudulent representation; or
2. The developer violates any of the terms or conditions of the property report, permit, partial registration, exemption or license, the provisions of this chapter or the regulations adopted pursuant thereto.
The Administrator shall not impose a fine of more than $5,000 pursuant to this section.
(Added to NRS by 1995, 376; A 2001, 529)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.327 - Expiration, revocation or surrender of property report, permit, partial registration, exemption, license or registration does not prohibit disciplinary action against holder thereof.

The expiration or revocation of a property report, permit, partial registration, exemption, license or registration by operation of law or by order or decision of the Administrator, a hearing officer or a court of competent jurisdiction, or the voluntary surrender of a property report, permit, partial registration, exemption, license or registration by a developer, broker, real estate salesperson or registered representative does not:
1. Prohibit the Administrator or Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the developer, broker, real estate salesperson or registered representative as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the developer, broker, real estate salesperson or registered representative.
(Added to NRS by 2001, 528)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.329 - Administrative fine for engaging in certain conduct without license, permit, registration or authorization; procedure for imposition of fine; judicial review; exceptions.

1. In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a license, permit or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit or registration or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator deems to be relevant.
4. Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.
5. The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:
(a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.
(Added to NRS by 2003, 1304)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.330 - Unlawful acts; penalties.

1. Except as otherwise provided in subsection 2, a person violating a provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.
2. A person who:
(a) Sells or attempts to sell in this state any subdivision or any lot, parcel, unit or interest in any subdivision by means of intentional misrepresentation, deceit or fraud; or
(b) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud,
is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. An officer or agent of a corporation, or member or agent of a copartnership or association, who personally participates in or is an accessory to any violation of this chapter by the copartnership, association or corporation, is subject to the penalties prescribed for natural persons in this section.
4. This section does not release any person, corporation, association or copartnership from civil liability or criminal prosecution under any other law of this state.
5. Upon conviction the court may revoke the license of the person so convicted, in addition to imposing the other penalties provided in this section.
(Added to NRS by 1973, 1763; A 1979, 1459; 1995, 1243)
2023 Nevada Revised Statutes › Chapter 119 - Sale of Subdivided Land: Licensing and Regulation › NRS 119.340 - Provisions of chapter are supplemental.

The provisions of this chapter are in addition to and not a substitute for NRS 278.010 to 278.630, inclusive.
(Added to NRS by 1977, 1515; A 2013, 3213; 2015, 318; 2017, 2049)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1983, 977; A 1985, 1137; 1991, 96; 1999, 2688; 2001, 2499; 2013, 1581, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.030 - "Affiliate of the developer" defined.

"Affiliate of the developer" means any person who controls, is controlled by or is under common control with a developer, including a person who:
1. Is a general partner, officer, director or employer of the developer;
2. Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with the power to vote, or holds proxies representing more than 20 percent of the voting interest in the developer;
3. Controls the election of a majority of the directors of the developer; or
4. Has contributed more than 20 percent of the capital of the developer.
(Added to NRS by 1983, 977; A 2001, 2499)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.031 - "Affiliate of the manager" defined.

"Affiliate of the manager" means any person who controls, is controlled by or is under common control with a manager, including a person who:
1. Is a general partner, officer, director or employer of the manager;
2. Directly or indirectly or acting in concert with one or more persons, or through one or more subsidiaries, owns, controls, or holds with the power to vote more than 20 percent of the voting interest in the manager;
3. Controls the election of a majority of the directors of the manager; or
4. Has contributed more than 20 percent of the capital of the manager.
(Added to NRS by 2001, 2494)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.033 - "Blanket encumbrance" defined.

"Blanket encumbrance" means any mortgage, deed of trust, option to purchase, mechanic’s lien, vendor’s lien or interest under a contract or agreement for sale, judgment lien, federal or state tax lien or other lien or encumbrance which secures or evidences an obligation to pay money or to sell or convey any property made available to purchasers by the developer or any portion thereof and which authorizes, permits or requires the foreclosure or other disposition of the property affected. The term does not include a lien for taxes or assessments levied by any public authority which are not due.
(Added to NRS by 1985, 1134)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.035 - "Branch office" defined.

"Branch office" means an office operated by a real estate broker who is licensed pursuant to chapter 645 of NRS, separate from the principal location of the real estate broker, for the purpose of engaging in the business of selling or reselling time shares.
(Added to NRS by 2013, 3506)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.040 - "Developer" defined.

"Developer" means any person who:
1. Creates a time-share plan or is in the business of selling time shares, other than those employees or agents of the developer who sell time shares on the developer’s behalf; or
2. Succeeds to the interest of a developer by sale, lease, assignment, mortgage or other transfer.
The term includes only those persons who offer time shares for disposition in the ordinary course of business.
(Added to NRS by 1983, 977; A 2013, 1581)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.054 - "Manager" defined.

"Manager" means a person who undertakes, directly or indirectly, the duties, responsibilities and obligations of managing, in whole or in part, a time-share plan or a project, or both, in accordance with an agreement entered into pursuant to NRS 119A.530.
(Added to NRS by 2001, 2495)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.055 - "Material change" defined.

1. "Material change" means a change in any information or document that is part of the statement of record which renders the statement of record inaccurate, incomplete or misleading in such a way as to adversely affect the rights or obligations of a purchaser.
2. The term does not include a change:
(a) In the real estate tax assessment or rate, utility charges or deposits, maintenance fees, association dues, assessments, special assessments or any recurring time-share expense item, if the change is made known immediately to the prospective purchaser by a written addendum to the public offering statement;
(b) Which is an aspect or result of the orderly development of the time-share plan in accordance with the time-share instrument, if the change is made known immediately to the prospective purchaser by a written addendum to the public offering statement;
(c) Which corrects spelling, grammar, omissions or other similar errors and which does not affect the substance of the information or document; or
(d) Which occurs in the issuance of the updated annual report or disclosure document of an exchange company.
(Added to NRS by 2013, 3507)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.056 - "Owner" defined.

"Owner" means a person, including a developer, who has an equitable or legal interest in a time share. The term does not include a person who has an interest in a time share solely as security for an obligation.
(Added to NRS by 1991, 96; A 2001, 2499)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.090 - "Project broker" defined.

"Project broker" means any person who coordinates the sale of time shares for one or more time-share plans on behalf of one or more developers and who is licensed as a real estate broker pursuant to the provisions of chapter 645 of NRS.
(Added to NRS by 1983, 977; A 2001, 2499; 2013, 1581, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.100 - "Public offering statement" defined.

"Public offering statement" means a disclosure document prepared and signed by the developer and approved or deemed approved for use by the Division pursuant to the provisions of this chapter, which contains the information required by this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 1983, 977; A 2001, 2499; 2013, 1581, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.120 - "Representative" defined.

"Representative" means a person who is not a sales agent and who, on behalf of a developer, induces other persons to attend a sales presentation. The term does not include a person who only performs clerical tasks, arranges appointments set up by others or prepares or distributes promotional materials.
(Added to NRS by 1983, 978)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.130 - "Sales agent" defined.

"Sales agent" means a person who, on behalf of a developer and under the direct supervision of a person licensed pursuant to the provisions of chapter 645 of NRS, sells or offers to sell a time share to a purchaser or who, if he or she is not registered as a representative, may act to induce other persons to attend a sales presentation on the behalf of a developer.
(Added to NRS by 1983, 978; A 2005, 1297; 2013, 1582, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.140 - "Time share" defined.

"Time share" means the right to use and occupy a unit on a recurrent periodic basis according to an arrangement allocating this right among various owners whether or not there is an additional charge to the owner for occupying the unit.
(Added to NRS by 1983, 978; A 1985, 1137; 2001, 2499)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.156 - "Time-share resale broker" defined.

"Time-share resale broker" means a person who is licensed pursuant to chapter 645 of NRS and is registered as a time-share resale broker pursuant to the provisions of this chapter and who, for compensation, lists, advertises, transfers, assists in transferring, promotes for resale or solicits prospective purchasers of previously sold time shares, on behalf of an owner other than a developer.
(Added to NRS by 1999, 2686; A 2013, 1582, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.170 - Applicability of this chapter and chapter 645 of NRS.

1. Unless the method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS, the provisions of this chapter, except subsection 4, do not apply to:
(a) The sale of 12 or fewer time shares in a time-share plan;
(b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;
(c) Any transfer of a time share:
(1) By deed in lieu of foreclosure;
(2) At a foreclosure sale; or
(3) By the resale of a time share by an association that has been acquired by that association:
(I) By termination of a contractual right of occupancy;
(II) By deed in lieu of foreclosure, other transfer or termination; or
(III) At a foreclosure sale,
provided that the association or its agent delivers to the purchaser the disclosures required by subsections 2 and 3 of NRS 119A.4775 and gives the purchaser the statement of the right of cancellation required by NRS 119A.410;
(d) A gratuitous transfer of a time share;
(e) A transfer by devise or descent or a transfer to an inter vivos trust; or
(f) The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years.
2. Any campground or developer who is subject to the requirements of chapter 119B of NRS and complies with those provisions is not required to comply with the provisions of this chapter.
3. The Division may waive any provision of this chapter if it finds that the enforcement of that provision is not necessary in the public interest or for the protection of purchasers.
4. The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies and except any provisions of this chapter expressly excluding the applicability of the provisions of chapter 645 of NRS, and for the purpose of applying the provisions of chapter 645 of NRS, the terms "real property" and "real estate" as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.
(Added to NRS by 1983, 978; A 1985, 1137; 1991, 96; 2001, 2500; 2013, 1582, 3510)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.172 - Applicability of provisions relating to real estate brokers and sales agents to certain owners who refer prospective purchasers to developer or association or to employee or agent of developer or association.

The provisions of this chapter and chapter 645 of NRS relating to real estate brokers and sales agents do not apply to an owner, other than a developer, who, for compensation, refers prospective purchasers to a developer or an association or an employee or agent of the developer or association, if the owner:
1. Refers to a developer or an association or an employee or agent of the developer or association, or any combination thereof, not more than 20 prospective purchasers within any 1 calendar year; and
2. Does not discuss with the prospective purchaser the terms and conditions of the purchase or otherwise participate in negotiations relating to the sale of the time share.
(Added to NRS by 2001, 2495; A 2013, 3511)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.174 - Applicability of local ordinances, regulations and building codes.

1. A building code may not impose any requirements upon any structure in a project which it would not impose upon a physically identical development under a different form of ownership.
2. Except as otherwise provided in subsection 1, the provisions of this chapter do not invalidate or modify any provision of any building code or zoning, subdivision or other law, ordinance, rule or regulation governing the use of real estate.
(Added to NRS by 2001, 2495)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.180 - Classification of interest of purchaser.

1. A purchaser shall not be deemed to hold an investment contract, nor shall his or her purchase be considered risk capital, because income derived from the project and any personal property available for use by the purchaser in conjunction therewith reduces the assessment for time-share expenses, if the income inures directly to the benefit of the association and not to his or her direct benefit.
2. An interest in a time share is not a security under the provisions of chapter 90 of NRS.
(Added to NRS by 1983, 991; A 2001, 2500)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.190 - Regulations; professional consultants; publication of proposed form before adoption and consideration of comments.

1. The Division may:
(a) Adopt regulations:
(1) Which are necessary to carry out the provisions of this chapter.
(2) Regarding the content of advertisements relating to time shares.
(b) Employ such legal counsel, investigators and other professional consultants as are necessary to carry out the provisions of this chapter, including, without limitation, for the review of a statement of record filed pursuant to NRS 119A.300 or 119A.302.
2. The Division shall publish on its official Internet website, or otherwise make public for at least 30 days before the adoption by the Division, any form proposed to be used by the Division under this chapter. The Division shall consider comments on any such proposed form before its adoption.
(Added to NRS by 1983, 978; A 2013, 3511)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.195 - Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

1. The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or NRS 53.250 to 53.390, inclusive, to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division.
(Added to NRS by 2003, 1306; A 2011, 16)