Nevada Supreme Court Clarifies its Definition of a "New Residence" for NRS Chapter 40
In ANSE, Inc., d/b/a Nevada State Plastering v. The Eighth Judicial District Court, 124 Nev. Adv. Op. 74 (Sept. 25, 2008), the Nevada Supreme Court clarified whether their definition of a “new residence”, as decided in Westpark Owners’ Ass’n v. District Court (123 Nev. ___, 167 P.3d 421 (2007); see blog post from June 27, 2008), precluded a homeowner who is not the home’s first purchaser from seeking remedies available under NRS Chapter 40 for constructional defects. In Westpark, the Court interpreted “new residence” as a product of original construction that has been unoccupied as a dwelling from the completion its construction until its sale. In this case, approximately 700 of the residences at issue in the constructional defect case were occupied as dwellings before the residences’ subsequent owners obtained title to the homes. Relying on Westpark, petitioners sought summary judgment as to their NRS Chapter 40 liability on claims related to those residences.
Posted by Jeffrey Steffen at 10:52 AM
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Categories: New Residence | NRS Chapter 40 | Nevada