al defect is not required to give written notice of a defect pursuant to NRS 40.645 to any person who intervenes in the action as a party after it is commenced. If such a person becomes a party to the action: 1. For the purposes of NRS 40.645, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and 2. The provisions of NRS 40.600 to 40.695, inclusive, apply to the person after that date. (Added to NRS by 1999, 1438; A 2003, 2049) NRS 40.695 Tolling of statutes of limitation or repose; applicability. 1. Except as otherwise provided in subsection 2, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the time notice of the claim is given, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680. 2. Tolling under this section applies to a third party regardless of whether the party is required to appear in the proceeding. (Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1444; 2003, 2049) MISCELLANEOUS PROVISIONS NRS 40.750 Fraud against financial institution for purpose of obtaining loan secured by lien on real property. 1. As used in this section, “financial institution” means a bank, mortgage broker, mortgage banker, credit union, thrift company or savings and loan association, or any subsidiary or affiliate of a bank, mortgage broker, mortgage banker, credit union, thrift company or savings and loan association, which is authorized to transact business in this State and which makes or acquires, in whole or in part, any loan of the kind described in subsection 2. 2. Except as otherwise provided in subsection 5, a person who, for the purpose of obtaining a loan secured by a lien on real property, knowingly conceals a material fact, or makes a false statement concerning a material fact knowing that the statement is false, is liable to any financial institution which relied upon the absence of that concealed fact or on that false statement for any damages it sustains because of the fraud. 3. In addition to its actual damages, a financial institution may recover exemplary or punitive damages in an amount not to exceed 50 percent of the actual damages awarded. 4. The cause of action provided by this section: (a) Is not, for the purposes of NRS 40.430, an action for the recovery of any debt or an action for the enforcement of any right secured by mortgage or lien upon real estate. (b) Is in addition to and not in substitution for any right of foreclosure existing in favor of the financial institution. Any recovery pursuant to this section does not limit the amount of a judgment awarded pursuant to NRS 40.459, but the financial institution is not entitled to recover actual damages more than once for the same loss. 5. The provisions of this section do not apply to any loan which is secured by a lien on real property used for residential purposes if: (a) The residence is a single-family dwelling occupied by the person obtaining the loan, as represented by him in connection with his application for the loan; and (b) The loan is for the principal amount of $150,000 or less. (Added to NRS by 1987, 1346; A 1999, 3802; 2003, 3570) NRS 40.760 Summary eviction of person using facility for storage as residence. 1. When a person is using a facility for storage as a residence, the owner or his agent shall serve or have served a notice in writing which directs the person to cease using the facility as a residence no later than 24 hours after receiving the notice. The notice must advise the person that: (a) NRS 108.475 requires the owner to ask the court to have the person evicted if he has not ceased using the facility as a residence within 24 hours; and (b) He may continue to use the facility to store his personal property in accordance with the rental agreement. 2. If the person does not cease using the facility as a residence within 24 hours after receiving the notice to do so, the owner of the facility or his agent shall apply by affidavit for summary eviction to the justice of the peace of the township wherein the facility is located. The affidavit must contain: (a) The date the rental agreement became effective. (b) A statement that the person is using the facility as a residence. (c) The date and time the person was served with written notice to cease using the facility as a residence. (d) A statement that the person has not ceased using the facility as a residence within 24 hours after receiving the notice. 3. Upon receipt of such an affidavit the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the person within 24 hours after receipt of the order. The sheriff or constable shall not remove the person’s personal property from the facility. 4. For the purposes of this section, “facility for storage” means real property divided into individual spaces which are rented or leased for storing personal property. The term does not include a garage or storage area in a private residence. (Added to NRS by 1989, 213)—(Substituted in revision for NRS 40.555) NRS 40.770 Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property. 1. Except as otherwise provided in subsection 6, in any sale, lease or rental of real property, the fact that the property is or has been: (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property; (b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property, is not material to the transaction. 2. In any sale, lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.400, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant. 3. In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction. 4. A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge. 5. Except as otherwise provided in an agreement between a buyer, lessee or tenant and his agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge. 6. For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if: (a) All materials a

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