Nev. Rev. Stat. § 459.644

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 459.644 - Effect of certificate of completion: Applicability to persons other than original holder
1. The relief from liability provided by NRS 459.640 extends to another person who:
(a) Purchases or leases the property to which the certificate of completion relates; or
(b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,

after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.

2. The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of NRS 459.642 if:
(a) The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and
(b) The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.
3. If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by NRS 459.640 extends to the person from whom he or she purchases the property if:
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal or remediation performed on the property, directly or indirectly;
(c) The seller is a responsible party only because of his or her ownership of the property; and
(d) The Administrator approves the extension of relief and incorporates it into the certificate of completion.

NRS 459.644

Added to NRS by 1999, 2692
Added to NRS by 1999, 2692