1. The Administrator shall deny an application for a permit to sell time shares if the Administrator finds that:
(a) The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the Division; or
(b) The developer, any affiliate of the developer or any officer of the developer or an affiliate of the developer, has:
(1) Been convicted of or pleaded nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other crime involving moral turpitude;
(2) Been the subject of a judgment in any civil or administrative action, including a proceeding to revoke or suspend a license, involving fraud or dishonesty;
(3) Been permanently enjoined by a court of competent jurisdiction from selling real estate, time shares or securities in an unlawful manner;
(4) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesperson, project broker or sales agent revoked;
(5) Been convicted of or pleaded nolo contendere to selling time shares without a license; or
(6) Had a permit to sell time shares, securities or real estate revoked.
2. The Administrator may deny an application for a permit to sell time shares if the Administrator finds that the developer has failed to offer satisfactory proof that it has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a developer in a manner which safeguards the interests of the public.
3. The burden of proof is on the developer to establish to the satisfaction of the Administrator that the developer is competent to transact the business of the developer in a manner which safeguards the interests of the public.
4. If a developer has substantially complied with the provisions of this chapter in good faith, a nonmaterial error or omission is not sufficient grounds to deny a permit.
(Added to NRS by 1983, 980; A 1985, 1141; 1991, 97; 2001, 2503; 2013, 3516)
Structure Nevada Revised Statutes
NRS 119A.020 - "Administrator" defined.
NRS 119A.030 - "Affiliate of the developer" defined.
NRS 119A.031 - "Affiliate of the manager" defined.
NRS 119A.032 - "Association" defined.
NRS 119A.033 - "Blanket encumbrance" defined.
NRS 119A.034 - "Board" defined.
NRS 119A.035 - "Branch office" defined.
NRS 119A.036 - "Common area" defined.
NRS 119A.038 - "Component site" defined.
NRS 119A.040 - "Developer" defined.
NRS 119A.041 - "Developer’s reserved rights" defined.
NRS 119A.050 - "Division" defined.
NRS 119A.052 - "Limited common area" defined.
NRS 119A.054 - "Manager" defined.
NRS 119A.055 - "Material change" defined.
NRS 119A.056 - "Owner" defined.
NRS 119A.058 - "Permanent identifying number" defined.
NRS 119A.060 - "Permit" defined.
NRS 119A.070 - "Person" defined.
NRS 119A.080 - "Project" defined.
NRS 119A.090 - "Project broker" defined.
NRS 119A.100 - "Public offering statement" defined.
NRS 119A.110 - "Purchaser" defined.
NRS 119A.120 - "Representative" defined.
NRS 119A.130 - "Sales agent" defined.
NRS 119A.133 - "Sales and marketing entity" defined.
NRS 119A.137 - "Statement of record" defined.
NRS 119A.140 - "Time share" defined.
NRS 119A.150 - "Time-share instrument" defined.
NRS 119A.152 - "Time-share plan" defined.
NRS 119A.153 - "Time-share resale" defined.
NRS 119A.156 - "Time-share resale broker" defined.
NRS 119A.160 - "Unit" defined.
NRS 119A.170 - Applicability of this chapter and chapter 645 of NRS.
NRS 119A.174 - Applicability of local ordinances, regulations and building codes.
NRS 119A.180 - Classification of interest of purchaser.
NRS 119A.200 - Limitation on licensing by local governments.
NRS 119A.205 - Technology Account.
NRS 119A.220 - Sales agents: Association with project broker.
NRS 119A.230 - Sales agents: Disciplinary actions.
NRS 119A.233 - Provisional sales agents: Qualifications; employment with project broker.
NRS 119A.268 - Branch offices.
NRS 119A.270 - Developers: Prohibited acts.
NRS 119A.280 - Developers: Order to cease; hearing; agreement in lieu of order.
NRS 119A.290 - Preliminary permits.
NRS 119A.300 - Requirements for issuance of initial permit.
NRS 119A.310 - Grounds for denial of permit; burden of proof.
NRS 119A.320 - Period for action on application.
NRS 119A.340 - Issuance of permit before completion of project.
NRS 119A.350 - Investigation of applicants; expenses.
NRS 119A.355 - Renewal of permit.
NRS 119A.357 - Requirement to notify Division in writing of certain convictions.
NRS 119A.365 - Disciplinary action for failure to pay money to Division.
NRS 119A.380 - Requirements for time-share instruments.
NRS 119A.385 - Description of time share.
NRS 119A.390 - Reservation to purchase time share.
NRS 119A.410 - Right to cancel contract of sale.
NRS 119A.420 - Deposits to be placed in escrow account; surety bond in lieu of escrow account.
NRS 119A.430 - Requirements for closing of sale of time share.
NRS 119A.460 - Requirements for trusts.
NRS 119A.470 - Conveyance of project to trustee before close of escrow for first sale.
NRS 119A.475 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119A.480 - Requirements if developer holds leasehold interest.
NRS 119A.495 - Withdrawal of units from time-share plan; conditions of withdrawal; exceptions.
NRS 119A.497 - Relocation of boundaries between adjoining units.
NRS 119A.500 - Partition of unit.
NRS 119A.510 - Replacement or compensation if unit unavailable.
NRS 119A.520 - Members of association for time-share plan; incorporation of association; proxies.
NRS 119A.522 - Period of developer’s control of association; representation of owners on board.
NRS 119A.524 - Reserved rights of developer.
NRS 119A.528 - Removal of member of board; indemnification and defense of member of board.
NRS 119A.534 - Disclosure statement to be submitted by certain managers; regulations.
NRS 119A.540 - Annual budget; assessments for unsold time shares.
NRS 119A.550 - Assessment upon time share; notice of assessment; liens; enforcement of liens.
NRS 119A.552 - Statement of unpaid assessments.
NRS 119A.560 - Power of sale; notice of sale.
NRS 119A.590 - Information to be furnished to purchasers by developer.
NRS 119A.600 - Information to be furnished by company offering program.
NRS 119A.630 - Administrator to appoint hearing officer.
NRS 119A.640 - Powers of Administrator or hearing officer.
NRS 119A.650 - District court to enforce Administrator’s subpoenas.
NRS 119A.652 - Inspections by Division; penalty for failure to cooperate; regulations.
NRS 119A.654 - Disciplinary action against developer.
NRS 119A.660 - Enforcement of chapter and protection of purchasers by Administrator.
NRS 119A.665 - Appointment of receiver.
NRS 119A.670 - Action by Real Estate Commission against project broker or supervising licensee.
NRS 119A.690 - Falsifying application; failure to submit annual report.
NRS 119A.700 - False or misleading advertising.
NRS 119A.710 - Unfair methods of competition; deceptive or unfair acts.