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
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 108 of NRS is hereby amended by adding thereto1-2
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 the1-4
context otherwise requires, the words and terms defined in sections 3 to1-5
7, inclusive, of this act have the meanings ascribed to them in those1-6
sections.1-7
Sec. 3. "Brokerage agreement" has the meaning ascribed to it in1-8
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 NRS1-11
645.030.1-12
Sec. 6. "Real estate broker-salesman" has the meaning ascribed to it1-13
in NRS 645.035.1-14
Sec. 7. "Real estate salesman" has the meaning ascribed to it in1-15
NRS 645.040.1-16
Sec. 8. 1. A real estate broker, real estate broker-salesman or real1-17
estate salesman has a lien upon real estate in the amount owed to him1-18
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
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purchase, lease or other conveyance to the buyer or tenant of an interestin the real estate.
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2. The lien belongs to the real estate broker, real estate2-3
broker-salesman or real estate salesman named in the brokerageagreement by the owner, buyer or tenant and not to an employee or
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independent contractor of the real estate broker, real estatebroker-salesman or real estate salesman.
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Sec. 9. A lien specified in section 8 of this act attaches to real estate2-6
if:1. The real estate broker, real estate broker-salesman or real estate
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salesman becomes entitled to a fee or commission pursuant to a writtenbrokerage agreement; and
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2. The real estate broker, real estate broker-salesman or real estate2-9
salesman records a notice of lien in the office of the recorder of thecounty in which the real estate is entirely or partially located before the
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conveyance or transfer of the real estate against which the lien is claimedby the real estate broker, real estate broker-salesman or real estate
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salesman.2-12
Sec. 10. 1. A notice of lien recorded by a real estate broker, realestate broker-salesman or real estate salesman must specify:
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(a) The name of the claimant;(b) The name of the owner of the real estate against which the lien is
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claimed;2-15
(c) A legal description of the real estate;(d) The amount for which the lien is claimed; and
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(e) The license number of the real estate broker, real estatebroker-salesman or real estate salesman.
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2. The notice must:2-18
(a) Recite that the information set forth in the notice is true andaccurate to the knowledge of the signer;
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(b) Be signed by the real estate broker, real estate broker-salesman orreal estate salesman or by a person authorized to sign on his behalf; and
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(c) Be verified.2-21
Sec. 11. 1. Except as otherwise provided in this subsection, a realestate broker, real estate broker-salesman or real estate salesman shall,
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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
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against which the lien is claimed by registered or certified mail, return2-24
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
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transaction is closed, the real estate broker, real estate broker-salesman3-2
or real estate salesman is not required to mail or serve a copy of thenotice of lien.
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2. Mailing a copy of the notice of lien pursuant to the provisions ofsubsection 1 is effective:
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(a) If the notice is mailed to the address of the owner of the real estate3-5
against which the lien is claimed; and(b) When deposited with the United States Postal Service with postage
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thereon prepaid.3. The lien is unenforceable if:
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(a) A real estate broker, real estate broker-salesman or real estate3-8
salesman is required to mail or serve a copy of a notice of lien pursuantto the provisions of subsection 1; and
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(b) Fails to mail or serve the copy within the period or in the mannerrequired pursuant to that subsection.
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Sec. 12. 1. A real estate broker, real estate broker-salesman or real3-11
estate salesman who claims a lien shall commence an action to enforcethe lien within 2 years after recording a notice of lien pursuant to the
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provisions of section 9 of this act.2. Failure to commence an action within the period specified in
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subsection 1 extinguishes the lien.~