Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
1. Except as otherwise provided in this subsection, if:
(a) An escrow agent receives a notice of a claim pursuant to NRS 645.8765;
(b) A notice of claim is recorded pursuant to NRS 645.8775; or
(c) An escrow agent has actual notice of a claim specified in paragraph (b),
the escrow agent shall reserve from the owner's net proceeds an amount that is equal to the amount claimed by the real estate broker in his or her recorded claim. If the amount of the owner's net proceeds is insufficient to satisfy the amount of the claim, the escrow agent shall reserve the entire amount of the owner's net proceeds. In determining whether the amount of the owner's net proceeds is insufficient to satisfy the amount of the claim, the escrow agent may consider any encumbrance, claim or lien that has priority over the claim of the real estate broker pursuant to NRS 645.8795.
2. If the escrow agent determines that the amount of the owner's net proceeds is insufficient to satisfy the amount of the claim, the escrow agent:
(a) Shall, within 3 days after making that determination but not later than the close of escrow, notify the real estate broker of that fact in writing; and
(b) Shall not release to the owner any portion of the owner's net proceeds unless the escrow agent receives a copy of the written agreement executed by the owner and the real estate broker authorizing the escrow agent to release those proceeds to the owner.
3. Except as otherwise provided in paragraph (b) of subsection 2 and NRS 645.8791, if an owner's net proceeds or any portion of an owner's net proceeds are reserved pursuant to this section, the escrow agent who reserves those proceeds shall not release the proceeds to any person until the rights of the owner and the real estate broker are determined pursuant to NRS 645.8791.
4. A reservation of an owner's net proceeds or any portion of an owner's net proceeds pursuant to this section does not relieve the owner of the obligation to close escrow for the commercial real estate.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 54. Professions, Occupations and Businesses § 645.8781. Duties of escrow agent upon notice of claim - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-54-professions-occupations-and-businesses/nv-rev-st-645-8781/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)