1. Where the commercial vehicle lease contains an amount identified as the lessee’s liability upon expiration of the lease based on the estimated residual value of the vehicle, the estimated residual value must be a reasonable approximation of the actual residual value of the vehicle upon expiration of the lease.
2. There is a rebuttable presumption that the estimated residual value is unreasonable to the extent that it exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. The lessor shall not collect from the lessee the amount of that excess liability on expiration of a commercial vehicle lease unless the lessor brings a successful action with respect to that excess liability, and if the lessor’s action is unsuccessful the lessor must pay the lessee’s costs and reasonable attorney’s fees. This presumption does not apply to the extent the excess of estimated residual value over actual residual value is due to physical damage to the vehicle beyond reasonable wear and use, or to excessive use. The lease must set reasonable standards for wear and use if the lessor establishes such standards.
(Added to NRS by 1979, 1262; A 1987, 1105)
Structure Nevada Revised Statutes
Chapter 100 - Special Relations of Debtor and Creditor; Suretyship
NRS 100.010 - Assignment for creditors.
NRS 100.030 - NRS 100.010 and 100.020 not to affect prior liens.
NRS 100.040 - Requiring resort to different funds.
NRS 100.050 - Order of resort to different funds.
NRS 100.060 - Agreements between principals and sureties for joint control of assets.
NRS 100.075 - Creditor’s rights transferable without consent of debtor.
NRS 100.085 - Deposits in names of two or more persons.
NRS 100.105 - Disclosures required before lease consummated.
NRS 100.115 - Liability of lessor for failure to disclose.
NRS 100.125 - Reasonableness of estimated residual value of vehicle.
NRS 100.135 - Appraisal of vehicle when lease terminates or expires.
NRS 100.137 - Enforceability of default by lessee.
NRS 100.139 - Requirements of lease agreement for used vehicles; disclosures.
NRS 100.141 - Single document required; format requirements.
NRS 100.143 - Blank space for essential provisions prohibited.
NRS 100.155 - Notice of lessor’s intention to establish residual value of vehicle.
NRS 100.165 - Lessee’s right to submit bid for purchase of vehicle; effect of lessee’s bid.
NRS 100.175 - Penalty on lessor for failure to comply with NRS 100.145 to 100.165, inclusive.
NRS 100.220 - Effect of securitization transaction on property, assets and rights of transferor.