1. The provisions of this chapter do not apply, unless the method of disposition is adopted to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the Division by the person electing to be exempt under this subsection, to:
(a) Any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
(b) Securities or units of interest issued by an investment trust regulated under the laws of this state, except where the Division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(c) Cemetery lots.
2. Unless the method of disposition is adopted to evade the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate located in this state which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his or her agent has personally inspected the lot before purchase and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the Division. As used in this subsection, the terms "liens," "encumbrances" and "adverse claims" are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due.
3. The Division may, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to subdivisions or lots, parcels, units or interests in subdivisions is not necessary in the public interest and for the protection of purchasers. An exemption granted pursuant to this subsection is effective for a period not to exceed 1 year as determined by the division. The Division may revoke such an exemption at any time upon finding that the revocation is necessary for the protection of purchasers. Upon application for renewal of an exemption, the Division may renew an exemption for a period not to exceed 1 year as determined by the Division. An application for an exemption pursuant to this subsection, or for the renewal of such an exemption, must be accompanied by the applicable fee specified in NRS 119.320.
(Added to NRS by 1983, 413; A 1985, 1407; 1993, 2293)
Structure Nevada Revised Statutes
Chapter 119 - Sale of Subdivided Land: Licensing and Regulation
NRS 119.015 - "Administrator" defined.
NRS 119.020 - "Blanket encumbrance" defined.
NRS 119.030 - "Broker" defined.
NRS 119.040 - "Developer" defined.
NRS 119.045 - "Director" defined.
NRS 119.050 - "Division" defined.
NRS 119.055 - "Hearing officer" defined.
NRS 119.060 - "Offer" defined.
NRS 119.070 - "Person" defined.
NRS 119.075 - "Property report" defined.
NRS 119.080 - "Purchaser" defined.
NRS 119.090 - "Registered representative" defined.
NRS 119.105 - "Statement of record" defined.
NRS 119.110 - "Subdivision" defined.
NRS 119.114 - Administration by Real Estate Division; duties of Attorney General.
NRS 119.116 - Employment of counsel, investigators and professional consultants.
NRS 119.118 - Support of Division by legislative appropriation; disposition of fees and charges.
NRS 119.1193 - Applicability to subdivision restricted exclusively to nonresidential use.
NRS 119.121 - Exemptions: Single purchase; small lots; requirements for partial registration.
NRS 119.125 - Exemptions: Time shares; memberships in campgrounds.
NRS 119.128 - Exemptions: Limitation.
NRS 119.140 - License: Required information; application; fee.
NRS 119.150 - License: Investigation.
NRS 119.160 - License: Issuance; denial; temporary permit; hearing.
NRS 119.165 - Renewal of permit; creation and maintenance of website; fees.
NRS 119.167 - Requirement to notify Division in writing of certain convictions.
NRS 119.170 - Sales: Reference to Division or employees prohibited.
NRS 119.175 - Responsibility of developer for acts of others.
NRS 119.180 - Sales: Approval of plan and methods required; application by broker and salesperson.
NRS 119.182 - Sales: Review of information by broker or salesperson; rescission by purchaser.
NRS 119.183 - Sales: Disclosure to purchaser concerning public services and utilities.
NRS 119.184 - Sales: Approval of advertising and offering.
NRS 119.185 - Qualifications of registered representatives.
NRS 119.190 - Additional penalty for violations.
NRS 119.200 - Participation by officers and employees of Division prohibited.
NRS 119.210 - News media not liable for publication or content of advertisements.
NRS 119.220 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119.230 - Sale under blanket encumbrance unlawful; exceptions.
NRS 119.240 - Adoption of regulations required.
NRS 119.250 - Actions to enjoin violations; intervention.
NRS 119.260 - Orders to cease and desist; agreement with developer in lieu of issuance of order.
NRS 119.270 - Hearing officers.
NRS 119.290 - Service of process; witness fees.
NRS 119.300 - Action to compel attendance of witnesses and production of documents.
NRS 119.310 - Depositions and discovery.
NRS 119.322 - Disciplinary action for failure to pay money to Real Estate Division.