645.8765 - Requirements for broker to enforce claim: Written notice to owner and escrow agent; effect of failure to provide notice; exceptions.

645.8765  Requirements for broker to enforce claim: Written notice to owner and escrow agent; effect of failure to provide notice; exceptions.

      1.  Except as otherwise provided in subsection 3, if a real estate broker wishes to enforce a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, the real estate broker shall, within 7 days after a commission is earned by the real estate broker pursuant to a brokerage agreement, provide a written notice of the claim to:

      (a) The owner of the commercial real estate specified in the brokerage agreement; and

      (b) The escrow agent closing the transaction for the commercial real estate.

      2.  A real estate broker who fails to provide a notice of a claim within the period specified in subsection 1 may not enforce the claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive.

      3.  A real estate broker is not required to provide a written notice of a claim to an escrow agent pursuant to this section if the identity of the escrow agent is unknown to the real estate agent at the time the notice is provided by the real estate broker to the owner pursuant to paragraph (a) of subsection 1.

      (Added to NRS by 1999, 1176)