NRS 119A.170 Applicability of this chapter and chapter 645 of NRS.

403 words·~2 min read·/nv/chapter-119a-time-shares/119a-170

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Unless the method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS, the provisions of this chapter, except subsection 4, do not apply to:

(a)The sale of 12 or fewer time shares in a time-share plan;

(b)The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;

(c)Any transfer of a time share:

(1)By deed in lieu of foreclosure;

(2)At a foreclosure sale; or

(3)By the resale of a time share by an association that has been acquired by that association:

(I)By termination of a contractual right of occupancy;

(II)By deed in lieu of foreclosure, other transfer or termination; or

(III)At a foreclosure sale,

Ê provided that the association or its agent delivers to the purchaser the disclosures required by subsections 2 and 3 of NRS 119A.4775 and gives the purchaser the statement of the right of cancellation required by NRS 119A.410 ;

(d)A gratuitous transfer of a time share;

(e)A transfer by devise or descent or a transfer to an inter vivos trust; or

(f)The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years.

2. Any campground or developer who is subject to the requirements of chapter 119B of NRS and complies with those provisions is not required to comply with the provisions of this chapter.

3. The Division may waive any provision of this chapter if it finds that the enforcement of that provision is not necessary in the public interest or for the protection of purchasers.

4. The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies and except any provisions of this chapter expressly excluding the applicability of the provisions of chapter 645 of NRS, and for the purpose of applying the provisions of chapter 645 of NRS, the terms “real property” and “real estate” as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.