Senate Bill No. 84–Senator O’Donnell

February 2, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Provides for lien upon real estate for real estate brokers, real estate

broker-salesmen and real estate salesmen. (BDR 9-196)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to liens; providing for a lien upon real estate for a real estate broker, real estate broker-salesman or real estate salesman under certain circumstances; and

providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 108 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3 to

1-5 7, inclusive, of this act have the meanings ascribed to them in those

1-6 sections.

1-7 Sec. 3. "Brokerage agreement" has the meaning ascribed to it in

1-8 NRS 645.005.

1-9 Sec. 4. "Real estate" has the meaning ascribed to it in NRS 645.020.

1-10 Sec. 5. "Real estate broker" has the meaning ascribed to it in NRS

1-11 645.030.

1-12 Sec. 6. "Real estate broker-salesman" has the meaning ascribed to it

1-13 in NRS 645.035.

1-14 Sec. 7. "Real estate salesman" has the meaning ascribed to it in

1-15 NRS 645.040.

1-16 Sec. 8. 1. A real estate broker, real estate broker-salesman or real

1-17 estate salesman has a lien upon real estate in the amount owed to him

1-18 pursuant to a written brokerage agreement signed by:

1-19 (a) The owner of the real estate or an agent of the owner; or

(b) A prospective buyer or prospective tenant concerning the

2-1 purchase, lease or other conveyance to the buyer or tenant of an interest

in the real estate.

2-2 2. The lien belongs to the real estate broker, real estate

2-3 broker-salesman or real estate salesman named in the brokerage

agreement by the owner, buyer or tenant and not to an employee or

2-4 independent contractor of the real estate broker, real estate

broker-salesman or real estate salesman.

2-5 Sec. 9. A lien specified in section 8 of this act attaches to real estate

2-6 if:

1. The real estate broker, real estate broker-salesman or real estate

2-7 salesman becomes entitled to a fee or commission pursuant to a written

brokerage agreement; and

2-8 2. The real estate broker, real estate broker-salesman or real estate

2-9 salesman records a notice of lien in the office of the recorder of the

county in which the real estate is entirely or partially located before the

2-10 conveyance or transfer of the real estate against which the lien is claimed

by the real estate broker, real estate broker-salesman or real estate

2-11 salesman.

2-12 Sec. 10. 1. A notice of lien recorded by a real estate broker, real

estate broker-salesman or real estate salesman must specify:

2-13 (a) The name of the claimant;

(b) The name of the owner of the real estate against which the lien is

2-14 claimed;

2-15 (c) A legal description of the real estate;

(d) The amount for which the lien is claimed; and

2-16 (e) The license number of the real estate broker, real estate

broker-salesman or real estate salesman.

2-17 2. The notice must:

2-18 (a) Recite that the information set forth in the notice is true and

accurate to the knowledge of the signer;

2-19 (b) Be signed by the real estate broker, real estate broker-salesman or

real estate salesman or by a person authorized to sign on his behalf; and

2-20 (c) Be verified.

2-21 Sec. 11. 1. Except as otherwise provided in this subsection, a real

estate broker, real estate broker-salesman or real estate salesman shall,

2-22 within 10 days after recording a notice of lien:

(a) Mail a copy of the notice to the owner of record of the real estate

2-23 against which the lien is claimed by registered or certified mail, return

2-24 receipt requested; or

(b) Personally serve a copy of the notice on the owner of record or an agent of that owner.

If the lien is recorded within 10 days before the conveyance or

3-1 transaction is closed, the real estate broker, real estate broker-salesman

3-2 or real estate salesman is not required to mail or serve a copy of the

notice of lien.

3-3 2. Mailing a copy of the notice of lien pursuant to the provisions of

subsection 1 is effective:

3-4 (a) If the notice is mailed to the address of the owner of the real estate

3-5 against which the lien is claimed; and

(b) When deposited with the United States Postal Service with postage

3-6 thereon prepaid.

3. The lien is unenforceable if:

3-7 (a) A real estate broker, real estate broker-salesman or real estate

3-8 salesman is required to mail or serve a copy of a notice of lien pursuant

to the provisions of subsection 1; and

3-9 (b) Fails to mail or serve the copy within the period or in the manner

required pursuant to that subsection.

3-10 Sec. 12. 1. A real estate broker, real estate broker-salesman or real

3-11 estate salesman who claims a lien shall commence an action to enforce

the lien within 2 years after recording a notice of lien pursuant to the

3-12 provisions of section 9 of this act.

2. Failure to commence an action within the period specified in

3-13 subsection 1 extinguishes the lien.

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