NRS645.844. Recovery from Fund: Procedure; grounds; amount; hearing.

      1.  Except as otherwise provided in subsection 2, when any person obtains a final judgment in any court of competent jurisdiction against any licensee or licensees pursuant to this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required pursuant to this chapter, that person, upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the Fund in the amount of the unpaid actual damages included in the judgment, but not more than $25,000 per judgment. The liability of the Fund does not exceed $100,000 for any person licensed pursuant to this chapter, whether the person is licensed as a limited-liability company, partnership, association or corporation or as a natural person, or both. The petition must state the grounds which entitle the person to recover from the Fund.

      2.  A person who is licensed pursuant to this chapter may not recover from the Fund for damages which are related to a transaction in which the person acted in his or her capacity as a licensee.

      3.  A copy of the:

      (a) Petition;

      (b) Judgment;

      (c) Complaint upon which the judgment was entered; and

      (d) Writ of execution which was returned unsatisfied,

Ê must be served upon the Administrator and the judgment debtor and affidavits of service must be filed with the court.

      4.  Upon the hearing on the petition, the petitioner must show that:

      (a) The petitioner is not the spouse of the debtor, or the personal representative of that spouse.

      (b) The petitioner has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.

      (c) The petitioner has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) The petitioner has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment, and after reasonable efforts that no property or assets could be found or levied upon in satisfaction of the judgment.

      (f) The petitioner has made reasonable efforts to recover damages from each and every judgment debtor.

      (g) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      5.  The provisions of this section do not apply to owner-developers.

      (Added to NRS by 1967, 1044; A 1973, 1764; 1975, 1555; 1979, 1555; 1981, 1615; 1985, 1276; 1987, 1048; 1997, 170; 2005, 666)