Nevada Revised Statutes 111.875 – Enforcement of private transfer fee obligations created before May 20, 2011
1. If a written request for a written statement of the amount of the transfer fee due upon the sale of real property is sent by certified mail, return receipt requested, to the payee under a private transfer fee obligation that was created before May 20, 2011, at the address appearing in the recorded notice described in NRS 111.870, the payee shall provide such a written statement to the person who requested the written statement not later than 30 days after the date of mailing.
Terms Used In Nevada Revised Statutes 111.875
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testify: Answer questions in court.
2. If the payee fails to comply with the requirements of subsection 1:
(a) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation; and
(b) The payee is subject to the liability described in NRS 111.880.
3. The person who requested the written statement may record in the office of the county recorder of the county in which the real property is located an affidavit which:
(a) States that the affiant has actual knowledge of, and is competent to testify to, the facts set forth in the affidavit;
(b) Sets forth the legal description of the real property that is subject to the private transfer fee obligation;
(c) Sets forth the name of the owner of the real property as recorded in the office of the county recorder;
(d) Expressly refers to the recorded notice described in NRS 111.870 by:
(1) The date on which the notice was recorded in the office of the county recorder; and
(2) The book, page and document number, as applicable, of the recorded notice;
(e) States that a written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in NRS 111.870, and that the payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and
(f) Is signed by the affiant under penalty of perjury.
4. When properly recorded, the affidavit described in subsection 3 constitutes prima facie evidence that:
(a) A written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in NRS 111.870;
(b) The payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and
(c) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation.