1. If a claim is recorded pursuant to NRS 645.8775, the owner against whom the claim is recorded may:
(a) File a civil action concerning the claim in the district court of the county where the commercial real estate or a portion of the commercial real estate is located; and
(b) At the time the summons is issued or at any time before the complaint is answered by the real estate broker, apply to the district court for an order directing the real estate broker to appear before the court to show cause why the claim should not be dismissed.
2. If the court issues an order directing the real estate broker to appear before the court, the order must:
(a) State that, if the real estate broker fails to appear at the time and place specified in the order, the claim will be dismissed with prejudice pursuant to subsection 3;
(b) Specify a time and date on which the court will conduct a hearing on the matter; and
(c) Establish a period within which the owner must serve a notice of the order on the real estate broker and the escrow agent.
3. If the real estate broker fails to appear at the time and place specified in the order issued pursuant to subsection 2, the court shall issue an order:
(a) Dismissing the claim with prejudice;
(b) Cancelling the notice of the claim recorded pursuant to NRS 645.8775; and
(c) Requiring the real estate broker to record in the office of the county recorder of the county where the notice of the claim is recorded a copy of the order of cancellation issued pursuant to paragraph (b).
An order issued pursuant to this subsection must state that the cancellation of the notice of the claim has the same effect as an expungement of that notice.
4. If a hearing is conducted pursuant to this section, the court shall consider the showing made by the parties at the hearing and shall make a preliminary determination of which party, with reasonable probability, is entitled to the amount of the owner’s net proceeds claimed by the broker pending final adjudication of the claims of the parties.
5. If, after the hearing, the district court determines there is a reasonable probability that:
(a) The real estate broker is entitled to the amount of the owner’s net proceeds claimed by him or her, the court shall, if those proceeds:
(1) Have been deposited with the court by the escrow agent pursuant to NRS 645.8785, release the proceeds to the real estate broker; or
(2) Have not been deposited with the court by the escrow agent pursuant to that section, order the escrow agent to release the proceeds to the real estate broker; or
(b) The owner is entitled to the amount of the owner’s net proceeds claimed by the real estate broker, the court shall, if those proceeds:
(1) Have been deposited with the court by the escrow agent pursuant to NRS 645.8785, release the proceeds to the owner; or
(2) Have not been deposited with the court by the escrow agent, order the escrow agent to release the proceeds to the owner.
6. If the owner believes the claim is frivolous and is made without reasonable cause, the owner may include in the application submitted pursuant to subsection 1 a request for an order directing the real estate broker to appear and show cause why the claim should not be dismissed on those grounds. If the court issues such an order, any hearing conducted pursuant to that order must be conducted in the manner provided in NRS 108.2275. In addition to any remedy set forth in that section, the court may award compensatory damages to the owner.
7. The prevailing party in any civil action filed or hearing conducted pursuant to this section is entitled to receive:
(a) Any costs incurred by that party for the civil action or hearing; and
(b) A reasonable attorney’s fee.
8. Proceedings conducted pursuant to this section do not affect any rights or remedies otherwise available to the owner or the real estate broker.
(Added to NRS by 1999, 1178)
Structure Nevada Revised Statutes
Chapter 645 - Real Estate Brokers and Salespersons
NRS 645.001 - "Administrator" defined.
NRS 645.002 - "Advance fee" defined.
NRS 645.004 - "Advance fee listing" defined.
NRS 645.0045 - Agency" defined.
NRS 645.005 - "Brokerage agreement" defined.
NRS 645.007 - "Business" defined.
NRS 645.0075 - "Business broker" defined.
NRS 645.009 - "Client" defined.
NRS 645.010 - "Commission" defined.
NRS 645.013 - "Designated property manager" defined.
NRS 645.015 - "Director" defined.
NRS 645.018 - "Owner-developer" defined.
NRS 645.019 - "Property management" defined.
NRS 645.0192 - "Property management agreement" defined.
NRS 645.0195 - "Property manager" defined.
NRS 645.020 - "Real estate" defined.
NRS 645.030 - "Real estate broker" defined.
NRS 645.035 - "Real estate broker-salesperson" defined.
NRS 645.037 - "Real Estate Division" and "Division" defined.
NRS 645.040 - "Real estate salesperson" defined.
NRS 645.042 - "Used manufactured home" or "used mobile home" defined.
NRS 645.044 - Use of terms "salesman," "saleswoman" and "salesperson" authorized.
NRS 645.0445 - Applicability of chapter.
NRS 645.045 - Administration by Real Estate Division.
NRS 645.060 - Real Estate Commission: Limitation on consecutive service by member.
NRS 645.070 - Real Estate Commission: Oaths of members.
NRS 645.090 - Real Estate Commission: Qualifications of members.
NRS 645.100 - Real Estate Commission: Residency of members.
NRS 645.110 - Real Estate Commission: Officers.
NRS 645.120 - Administrator: Qualifications; restrictions.
NRS 645.142 - Technology Account for Chapter 645 of NRS.
NRS 645.145 - Real Estate Commission: Fiscal year.
NRS 645.150 - Real Estate Commission: Meetings.
NRS 645.160 - Real Estate Commission: Quorum; effect of vacancy; act of majority.
NRS 645.170 - Real Estate Division: Principal and branch offices.
NRS 645.200 - Attorney General: Opinions and action as attorney.
NRS 645.251 - Licensee not required to comply with certain principles of common law.
NRS 645.2515 - Broker’s price opinion: Requirements; duties of licensee; regulations.
NRS 645.252 - Duties of licensee acting as agent in real estate transaction.
NRS 645.255 - Waiver of duties of licensee prohibited.
NRS 645.258 - Duties concerning transaction involving used manufactured home or used mobile home.
NRS 645.260 - One act constitutes action in capacity of broker or salesperson.
NRS 645.270 - Allegation and proof of licensed status in action for compensation.
NRS 645.285 - Owner-developers: Form and contents of application for registration.
NRS 645.289 - Owner-developers: Qualifications and duties of person who acts as sales manager.
NRS 645.300 - Delivery of copy of written brokerage agreement; receipt.
NRS 645.310 - Deposits and trust accounts: Accounting; commingling; records; inspection and audit.
NRS 645.320 - Requirements for exclusive agency representation.
NRS 645.321 - Discriminatory practices unlawful; penalty.
NRS 645.322 - Accounting of use of advance fee charged or collected; Division may demand accounting.
NRS 645.323 - License required for acceptance of advance fee listing.
NRS 645.335 - Depository financial institution prohibited from being licensed.
NRS 645.343 - Educational requirements; regulations of Commission concerning standards of education.
NRS 645.350 - Application: Form and contents.
NRS 645.355 - Investigation of applicant’s background; fees; fingerprints.
NRS 645.370 - Issuance of license to certain organizations doing business as broker; restrictions.
NRS 645.385 - Waiver of requirements of NRS 645.370 and 645.380.
NRS 645.410 - Regulations concerning fees for examination; time for payment of fees.
NRS 645.450 - Time for examinations.
NRS 645.460 - Examination: Subjects covered; acceptance of national examination.
NRS 645.490 - Issuance of license; duty of Real Estate Division; renewal of license.
NRS 645.495 - Nonresident licensee required to authorize service of process upon Administrator.
NRS 645.510 - Authority of license limited to person or place of business licensed.
NRS 645.530 - Delivery; display; maintenance in place of business.
NRS 645.560 - Broker: Erection, maintenance, size and placement of signs.
NRS 645.575 - Continuing education: Standards; renewal or reinstatement of license; regulations.
NRS 645.577 - Placement of license on inactive status; reinstatement.
NRS 645.600 - Inactive status for period of military service; reinstatement.
NRS 645.6054 - Permit to engage in property management: Requirements for certain organizations.
NRS 645.6055 - Designated property managers: Requirements; qualifications; duties.
NRS 645.6056 - Property management agreements: Requirements; contents.
NRS 645.610 - Investigation of actions of licensees and other persons.
NRS 645.615 - Duty to report certain convictions and pleas to Division.
NRS 645.660 - Knowledge of associate or employer of violation by licensee or employee; penalties.
NRS 645.710 - Fees and mileage for witness.
NRS 645.720 - Enforcement of subpoenas.
NRS 645.730 - Depositions; taking of evidence in another state; rights of party to hearing.
NRS 645.740 - Decision of Commission: Rendition; notice; effective date; stay of decision.
NRS 645.770 - Restrictions on issuance of new license, permit or registration after revocation.
NRS 645.785 - Effect of failure to renew license or permit; increased fee for late renewal.
NRS 645.830 - Fees; regulations.
NRS 645.842 - Creation; use; balances; interest and income.
NRS 645.843 - Payment of additional fee by licensee for augmentation of Fund.
NRS 645.844 - Recovery from Fund: Procedure; grounds; amount; hearing.
NRS 645.846 - Court order requiring payment from Fund.
NRS 645.8491 - Administrator subrogated to rights of judgment creditor; deposit of money recovered.
NRS 645.8492 - Waiver of rights.
NRS 645.8494 - Disciplinary action against licensee not restricted.
NRS 645.867 - Designated business brokers: Requirements; qualifications; duties.
NRS 645.8705 - "Brokerage agreement" defined.
NRS 645.8711 - "Commercial real estate" defined.
NRS 645.8715 - "Commission" defined.
NRS 645.8721 - "Disposition" defined.
NRS 645.8725 - "Escrow" defined.
NRS 645.8731 - "Escrow agent" defined.
NRS 645.8735 - "Owner" defined.
NRS 645.8741 - "Owner’s net proceeds" defined.
NRS 645.8781 - Duties of escrow agent upon notice of claim.
NRS 645.8795 - Priority of recorded claim.
NRS 645.8801 - Release of recorded claim.
NRS 645.8805 - Service of notice.
NRS 645.8811 - Escrow agents: Immunity; collection of fees for services.