2005 Nevada Revised Statutes - Chapter 599A — Solicitation to Purchase Land

CHAPTER 599A - SOLICITATION TO PURCHASELAND

NRS 599A.010 Definitions.

NRS 599A.020 Customerdefined.

NRS 599A.040 Solicitationdefined.

NRS 599A.050 Locallicensing and regulation; solicitation without license unlawful.

NRS 599A.053 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 599A.056 Statementregarding payment of child support by applicant for license; grounds for denialof license; duty of board of county commissioners or governing body. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 599A.059 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 599A.060 Unfairpractices unlawful; penalties.

NRS 599A.070 Penaltiescumulative.

_________

NRS 599A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS599A.020 and 599A.040 have themeanings ascribed to them in such sections.

(Added to NRS by 1971, 1259)

NRS 599A.020 Customerdefined. Customer means any person solicitedto purchase any land or interest therein, located in this state or elsewhere.

(Added to NRS by 1971, 1259)

NRS 599A.040 Solicitationdefined. Solicitation means any conduct forthe procurement of prospective customers or any offer of sale, option or reservationof any land or interest therein located in this state or elsewhere, andincludes, but is not limited to, any of the following methods to carry out suchpurposes:

1. Advertising.

2. Offering gifts or other free benefits.

3. Promoting group meetings.

4. Using slides or movies.

(Added to NRS by 1971, 1259)

NRS 599A.050 Locallicensing and regulation; solicitation without license unlawful.

1. Consistent with the provisions of this chapter, theboard of county commissioners of any county and the governing body of anincorporated city may license and regulate any practice connected with thesolicitation of customers for land sales.

2. In any county or incorporated city in which theboard of county commissioners or governing body has adopted an ordinancerequiring the licensing of any person engaged in solicitation, it is unlawfulfor any person to commit any act of solicitation without first obtaining suchlicense.

(Added to NRS by 1971, 1259)

NRS 599A.053 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor the issuance of a license issued pursuant to NRS 599A.050 must include the socialsecurity number of the applicant.

(Added to NRS by 1997, 2103)

NRS 599A.056 Statementregarding payment of child support by applicant for license; grounds for denialof license; duty of board of county commissioners or governing body. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An applicant for the issuance or renewal of alicense issued pursuant to NRS 599A.050shall submit to the board of county commissioners or the governing body of theincorporated city issuing the license the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The board of county commissioners or the governingbody of the incorporated city issuing the license shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the board of countycommissioners or governing body of the city.

3. A license may not be issued or renewed by a boardof county commissioners or the governing body of an incorporated city pursuantto NRS 599A.050 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the board of countycommissioners or governing body of the incorporated city shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2102)

NRS 599A.059 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If a board of county commissioners or the governingbody of an incorporated city receives a copy of a court order issued pursuantto NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses, certificatesand permits issued to a person who is the holder of a license issued by thatgovernmental body pursuant to NRS 599A.050,the governmental body that issued the license shall deem the license issued tothat person to be suspended at the end of the 30th day after the date on whichthe court order was issued unless the governmental body receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. A board of county commissioners or the governingbody of an incorporated city shall reinstate a license issued pursuant to NRS 599A.050 that has been suspended by adistrict court pursuant to NRS 425.540if the governmental body receives a letter issued by the district attorney orother public agency pursuant to NRS 425.550to the person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2102)

NRS 599A.060 Unfairpractices unlawful; penalties.

1. In the solicitation of any customer, it is anunfair practice for any person to commit any of the following acts:

(a) To misrepresent any material fact.

(b) To conceal any material fact.

(c) To make any false or deceptive statement.

(d) To fail to disclose any conditions or obligationsconnected with any gift or other free benefit offered to such customer.

(e) To contact anyone for the purpose of solicitingsuch person to attend a land sales presentation without first disclosing suchpurpose.

2. Any person committing any such unfair practice isguilty of a misdemeanor.

3. In addition to the penalty provided in subsection2, the board of county commissioners or governing body of an incorporated citymay, by ordinance, prohibit, and provide a penalty for, the commission of anyunfair trade practice.

(Added to NRS by 1971, 1259)

NRS 599A.070 Penaltiescumulative. The penalties provided in thischapter shall be cumulative with respect to any other provision of law.

(Added to NRS by 1971, 1260)