Nevada § 32.320 - Executory contract
Full text of Nevada Nevada Revised Statutes § 32.320 — Executory contract, with citation guidance and answers to common questions.
§ 32.320. Executory contract
1. Except as otherwise provided in subsection 7, with court approval, a receiver may
adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the
contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract
within a reasonable time after the receiver's appointment, the receiver is deemed
to have rejected the contract. 2. A receiver's performance of an executory contract before court approval under subsection
1 of its adoption or rejection is not an adoption of the contract and does not preclude
the receiver from seeking approval to reject the contract. 3. A provision in an executory contract which requires or permits a forfeiture, modification
or termination of the contract because of the appointment of a receiver or the financial
condition of the owner does not affect a receiver's power under subsection 1 to adopt
the contract. 4. A receiver's right to possess or use receivership property pursuant to an executory
contract terminates on rejection of the contract under subsection 1. Rejection is a breach of the contract effective immediately before appointment of
the receiver. A claim for damages for rejection of the contract must be submitted by the later
of: (a) The time set for submitting a claim in the receivership; or (b) Thirty days after the court approves the rejection. 5. If, at the time a receiver is appointed, the owner has the right to assign an executory
contract relating to receivership property under law of this State other than NRS 32.100 to 32.370 , inclusive, the receiver may assign the contract with court approval. 6. If a receiver rejects under subsection 1 an executory contract for the sale of
receivership property that is real property in possession of the purchaser or a real-property
timeshare interest, the purchaser may: (a) Treat the rejection as a termination of the contract, and in that case the purchaser
has a lien on the property for the recovery of any part of the purchase price the
purchaser paid; or (b) Retain the purchaser's right to possession under the contract, and in that case
the purchaser shall continue to perform all obligations arising under the contract
and may offset any damages caused by nonperformance of an obligation of the owner
after the date of the rejection, but the purchaser has no right or claim against other
receivership property or the receiver on account of the damages. 7. A receiver may not reject an unexpired lease of real property under which the owner
is the landlord if: (a) The tenant occupies the leased premises as the tenant's primary residence; (b) The receiver was appointed at the request of a person other than a mortgagee;
or (c) The receiver was appointed at the request of a mortgagee and: (1) The lease is superior to the lien of the mortgage; (2) The tenant has an enforceable agreement with the mortgagee or the holder of a
senior lien under which the tenant's occupancy will not be disturbed as long as the
tenant performs its obligations under the lease; (3) The mortgagee has consented to the lease, either in a signed record or by its
failure timely to object that the lease violated the mortgage; or (4) The terms of the lease were commercially reasonable at the time the lease was
agreed to and the tenant did not know or have reason to know that the lease violated
the mortgage. 8. As used in this section, “ timeshare interest ” means an interest having a duration of more than 3 years which grants its holder
the right to use and occupy an accommodation, facility or recreational site, whether
improved or not, for a specific period less than a full year during any given year.
Frequently Asked Questions About Nevada § 32.320
What does Nevada Revised Statutes § 32.320 cover?
Section 32.320 ("Executory contract") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 32.320?
A common citation format is "Nevada Revised Statutes § 32.320" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 32.320 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.