Scorpion Lawsuit Document

Electronically Filed
9/3/2019 3:57 PM
Steven D. Grierson
CLERK OF THE COURT
1 MORRIS LAW CENTER
SARAH A. MORRIS, ESQ.
2 Nevada Bar No. 8461
sarah@morrislawcenter.com
3
TIMOTHY A. WISEMAN, ESQ. CASE NO: A-19-801277-C
4 Nevada Bar No. 13786 Department 20
tim@morrislawcenter.com
5 5450 W. Sahara Ave. Suite 330
Las Vegas, NV 89146
6 Telephone: (702) 850-7798
Facsimile: (702) 850-7998
7
Attorney for Plaintiffs
8
DISTRICT COURT
9
CLARK COUNTY, NEVADA
10
11 CHOLA REAVLEY-THOMAS, an individual;

and GARETH THOMAS, an individual; Case No.:
12
Plaintiffs, Dept. No.:
13 vs.
14 GORDON L. HAFENRICHTER both as

trustee of HAFENRICHTER FAMILY TRUST
15 and in his individual capacity; DOES I-X and
ROE corporations I-X;
16
17 Defendants.
18
COMPLAINT
19
COMES NOW, Plaintiffs, CHOLA REAVLEY-THOMAS and GARETH THOMAS
20
(“Plaintiffs”), by and through their counsel of record, Sarah A. Morris, Esq. and Timothy
21
A. Wiseman of Morris Law Center, complains and alleges as follows:
22
PARTIES
23
1. Plaintiffs are individuals currently residing in Fort Lauderdale, Florida.
24
2. Upon information and belief, the Hafenrichter Family Trust is a Nevada
25
Trust.
26
28 1
Case Number: A-19-801277-C

1 3. Defendant, Gordon L. Hafenrichter, is the Trustee of the Hafenrichter
2 Family Trust, and upon information and belief, is an individual residing in Las Vegas,
3 Nevada.
4 4. Upon information and belief, Gordon L. Hafenricther is the only known
5 beneficiary of the Hafenrichter Family Trust.
6 5. DOES I through X are fictious names of defendants whose true names and
7 corporate or proprietary structure are presently unknown to the Plaintiffs. Plaintiff are
8 informed and believe, and therefore allege, that said defendants are responsible by act,
9 omission, agency, or ownership for the loss specified herein. When the true names and
10 capacities of said defendants are ascertained, Plaintiffs will ask leave of the Court to
11 substitute said true names and capacities for said fictitious ones, together with
12 appropriate charging allegations.
13 6. ROE CORPORATIONS I through X are fictious names of defendants
14 whose true names and corporate or proprietary structure are presently unknown to the
15 Plaintiffs. Plaintiffs are informed and believe, and therefore allege, that said defendants
16 are responsible by act, omission, agency, or ownership for the loss specified herein.
17 When the true names and capacities of said defendants are ascertained, Plaintiffs will
18 ask leave of the Court to substitute said true names and capacities for said fictitious ones,
19 together with appropriate charging allegations.
20 7. Since Mr. Gordon L. Hafenrichter is, upon information and belief, the
21 trustee of the Hafenrichter Family Trust, the person who took the actions at the center of
22 this case, and the only known beneficiary of the trust, recourse may be had against both
23 the assets of the trust and against Mr. Gordon L. Hafenrichter in his personal capacity.
24 See e.g. NRS 163.120 – 163.140.
25 ...
26 ...
28 2
1 JURISDICTION AND VENUE
2 8. This court has jurisdiction to hear this matter pursuant to NRS 14.065
3 because (a) Defendant regularly conducts business in the State of Nevada; (b) the events
4 giving rise to Plaintiffs claims took place and continue to take place in Clark County,
5 Nevada; and (c) the subject property in this case is located in Clark County, Nevada.
6 9. This court has general subject matter jurisdiction over this matter pursuant
7 to Article 6, Section 6, of the Nevada Constitution.
8 10. This court is the appropriate venue under NRS 13.010 as the agreements,
9 rights, assets, and other interests sought to be protected by this lawsuit are all primarily
10 located in Clark County, Nevada.
11 GENERAL ALLEGATIONS
12 11. On or about June 9, 2018, Plaintiffs entered into a Purchase Agreement
13 (“Agreement”) with Defendant to purchase the property located at 3644 Forestcrest Dr.,
14 Las Vegas, NV 89121 (the “Property”). See Exhibit 1.
15 12. On the same day, Defendant provided the Seller’s Real Property
16 Disclosures (SRPD) required by NRS 113.130. See Exhibit 2. The SRPD was signed by
17 Gordon L. Hafenrichter.
18 13. On page 2, number 5 of the SRPD it asks whether there is a history of
19 infestations, Defendant checked the box for “no” next to this question. Id.
20 14. On page 2, number 11 of the SRPD it asks if there are “any other conditions
21 or aspects of the property which materially affect its value or use in an adverse manner,”
22 Defendant checked the box for “no” next to this question. Id.
23 15. On or about June 15, 2018, Plaintiffs, through their real estate agent, ask
24 Defendant, if he has seen any scorpions on the property.
25 ...
26 ...
28 3
1 16. On or about June 16, 2018, Defendant, through a real estate agent, responds
2 to Plaintiffs’ specific question about scorpions and represents that there are no scorpions
3 at the property. Exhibit 3.
4 17. Plaintiffs closed on the Property on July 16, 2018 and move in that same
5 day.
6 18. On the night that the Plaintiffs move in, they saw four Venomous Arizona
7 Bark Scorpions inside the home and are forced to relocate to a hotel that same night.
8 19. Plaintiffs subsequently called pest control and pest control responds,
9 investigates and advises that there is an infestation of Venomous Arizona Bark Scorpions
10 at the property. Exhibit 4A and Exhibit 4B.
11 20. Plaintiffs were unable to move into the property due to the scorpion
12 infestation.
13 21. Plaintiffs sold the property to a third party on or about October 9, 2018.
14 22. Upon information and belief, the claims alleged below were a common
15 incident of the kind of business activity in which the trustee was engaged for the trust.
16 FIRST CLAIM FOR RELIEF

(Negligent Misrepresentation)
17
23. Plaintiffs repeat and reallege the allegations contained in the forgoing
18
Paragraphs as though fully set forth herein and further alleges as follows.
19
24. Defendant was the seller of the subject Property and thus had a pecuniary
20
interest in the transaction.
21
25. Defendant supplied false information to Plaintiffs by advising Plaintiffs
22
that there were no scorpions at the property.
23
26. Plaintiffs justifiably relied upon the information and proceeded to the
24
purchase the subject Property.
25
...
26
28 4
1 27. Plaintiffs sustained damages in an amount in excess of $15,000 as a result
2 of Defendant’s actions.
3 28. Plaintiffs have been forced to retain counsel in order to prosecute this
4 action and is entitled to recover their attorney’s fees and costs of suit incurred as
5 provided in the Agreement and by law.
6 SECOND CLAIM FOR RELIEF

(Fraud in the Inducement)
7
29. Plaintiffs repeat and reallege the allegations contained in the foregoing
8
9
30. Defendant falsely represented to Plaintiffs that there were no scorpions at
10
the subject Property.
11
31. Defendant knew that this representation was false as Defendant had
12
resided at the property for approximately 30 years.
13
32. Defendant intended to induce Plaintiffs to purchase the property by
14
making this false representation.
15
33. Plaintiffs justifiably relied upon Defendant’s false representation.
16
34. Plaintiffs were damaged in an amount in excess of $15,000 as a result of
17
defendant’s false representation.
18
35. Plaintiffs have been forced to retain counsel in order to prosecute this
19
action and is entitled to recover its attorney’s fees and costs of suit incurred as provided
20
in the Agreement and by law.
21
THIRD CLAIM FOR RELIEF
22 (Fraud/Intentional Misrepresentation)
23
24
25
37. Defendant knew that there were scorpions at the Subject property.
26
28 5
1 38. Defendant made a false representation regarding the absence of scorpions
2 at the subject Property to Plaintiffs in order to induce them to purchase the subject
3 Property.
4 39. Plaintiffs relied upon defendant’s representations about scorpions and
5 purchased the subject Property.
6 40. Plaintiffs were damaged in an amount in excess of $15,000 as a result of
7 defendant’s false representation.
8 41. Plaintiffs have been forced to retain counsel in order to prosecute this
9 action and is entitled to recover its attorney’s fees and costs of suit incurred as provided
10 in the Agreement and by law.
11 FOURTH CLAIM FOR RELIEF

(Breach of the Implied Covenant of Good Faith and Fair Dealing)
12
13
14
43. Plaintiffs entered into an Agreement with Defendant to purchase the
15
Subject Property.
16
44. Defendant had a duty of good faith and fair dealing to Plaintiffs based
17
upon the contract.
18
45. Defendant breached the duty of good faith and fair dealing by failing to
19
disclose the existence of scorpions at the subject Property.
20
46. Plaintiffs were damaged in an amount in excess of $15,000 as a result of
21
defendant’s false representation.
22
23
24
25
...
26
28 6
1 FIFTH CLAIM FOR RELIEF
(Violation of NRS 113.130)
2
3
4
49. Defendant was aware of the scorpion infestation.
5
50. Defendant failed to disclose this defect to the Plaintiffs in any manner at
6
any time, including written notice as required under NRS 113.130.
7
51. As a result, Plaintiffs were damaged in an amount in excess of $15,000
8
9
10
11
PRAYER FOR RELIEF
12
Plaintiffs requests judgment against Defendant as follows:
13
1. For general and special damages in excess of $15,000.00;
14
2. For an award of attorney’s fees and costs of suit; and
15
3. For any further relief that the Court may deem just and proper.
16
17 Dated this 3rd day of September, 2019.
18 MORRIS LAW CENTER
19
By: _____________________
20 Sarah A. Morris, Esq.
Nevada Bar No. 8461
21 Timothy A. Wiseman, Esq.
Nevada Bar. No. 13786
22
Attorneys for Plaintiffs
23
24
25
26
28 7
Exhibit 1
Authentisign ID: 52EF8659-9A6D-4920-8CC6-36FFAF5C6CA7
RECEIPT OF ‘‘FOR YOUR PROTECTION’’ NOTICE
3644 Forestcrest Dr Chola Reavley-Thomas Gareth Thomas

Property Address Name of Buyer(s)
I/we understand the importance of getting an independent home inspection. I/we have considered this
before signing a contract with the seller for a home. Furthermore, I/we have carefully read the attached ‘‘For
Your Protection: Get a Home Inspection’’ notice and fully understand that FHA will not perform a home
inspection or guarantee the price or condition of the property.
X I/we choose to have a home inspection performed.
I/we choose not to have a home inspection performed.
Buyer Chola Reavley-Thomas Date
Buyer Gareth Thomas Date
Receipt of ‘‘For Your Protection’’ 3/07 © 2007 Greater Las Vegas Association of REALTORS®
This form presented by Eddie Meese | Realty Expertise | 702-217-8012 | eddie@realtyexpertise.com

OMB Approval No: 2502-

U.S. Department of 0538 (exp. 04/30/2018)
Housing and Urban
Development
Federal Housing Administration (FHA)
For Your Protection:

Get a Home Inspection
Why a Buyer Needs a Home Inspection
A home inspection gives the buyer more detailed information about the overall condition of the
home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased
look at your potential new home to:
Evaluate the physical condition: structure, construction, and mechanical

systems; Identify items that need to be repaired or replaced; and
Estimate the remaining useful life of the major systems, equipment, structure, and finishes.
You Must Ask for a Home Inspection

A home inspection will only occur if you arrange for one. FHA does not perform a home inspection.
Decide early. You may be able to make your contract contingent on the results of the inspection.
Appraisals are Different from Home Inspections

An appraisal is different from a home inspection and does not replace a home inspection. Appraisals estimate the
value of the property for lenders. An appraisal is required to ensure the property is marketable. Home inspections
evaluate the condition of the home for buyers.
FHA Does Not Guarantee the Value or Condition of your Potential New Home
If you find problems with your new home after closing, FHA cannot give or lend you money
for repairs, and FHA cannot buy the home back from you. Ask a qualified home inspector to
inspect your potential new home and give you the information you need to make a wise
decision.
Radon Gas Testing and other safety/health issues

The United States Environmental Protection Agency and the Surgeon General of the United States
have recommended that all houses should be tested for radon. For more information on radon
testing, call the toll-free National Radon Information Line at 1-800-SOS-Radon or 1-800-767-7236.
Ask your home inspector about additional health and safety tests that may be relevant for your
home.
Be an Informed Buyer
It is your responsibility to be an informed buyer. You have the right to carefully examine your
potential new home with a qualified home inspector. To find a qualified home inspector ask for
references from friends, realtors, local licensing authorities and organizations that qualify and test
home inspectors.
HUD-92564-CN (6/14)
CAUTION
UTIES OWED BY A Nevada Real Estate Division

NEVADA LICENSEE
MPACT FEES
R ESIDENTIAL
DISCLOSURE
OIL REPORT
GUIDE
OMMON-INTEREST
COMMUNITIES
A few things you need to know

IEN FOR DEFERRED before buying or selling a home
TAXES in Nevada.
PEN RANGE
Revised
July 2017
ELLER’S REAL PROPERTY
DISCLOSURE
SED MOBILE HOMES
ESIDENTIAL POOL SAFETY

AND DROWNING PREVENTION
NVIRONMENTAL HAZARDS
State of Nevada
Department of Business & Industry
EWER AND WATER Real Estate Division
RATES
Introduction
T he Department of Business and Industry—Nevada Real Estate

Division has developed this booklet to increase consumer awareness and
understanding of disclosures that may be required by a buyer or seller
during the sale or purchase of a residential property in the State of
Nevada.
In almost every real estate transaction, some form of written disclosure
is required. For example, real estate licensees must disclose if they are
related to a party in the transaction or affiliated with the lender involved
in approving the loan for that particular transaction. Sellers, for instance,
are responsible for disclosing material facts, data and other information
relating to the property they are attempting to sell. And buyers, in some
cases, must disclose if they are choosing to waive their 10-day
opportunity to conduct a risk assessment of lead hazards.
These are only a few examples of what must be disclosed during a real
estate transaction. While it is not possible to outline which disclosures
are needed in every situation, as each real estate transaction is unique,
this booklet contains discussions on the most commonly required state,
federal and local disclosures.
References to real estate licensees and the sale of
residential properties in this booklet apply only to the state of Nevada.
This guide, however, does not specifically address vacant land or
commercial properties.
We hope that you will find this booklet helpful and that
it becomes a valuable resource during your real estate transaction. For
more information, please visit our website at http://red.nv.gov.
Published pursuant to NRS 645.194 by the Nevada Real Estate Division in both
electronic and hardcopy formats.
©2006-2017 Nevada Real Estate Division, Department of Business & Industry,

State of Nevada. All rights reserved.
First reprint: January 2007 Fifth reprint: November 2011

Second reprint: April 2008 Sixth reprint: June 2014
Third reprint: August 2010 Seventh reprint: October 2015
Fourth reprint: October 2011 Eighth reprint: July 2017
Nevada Real Estate Division

This booklet is state-issued and may LAS VEGAS CARSON CITY
not be modified or altered in any way. 3300 W Sahara Ave. 1818 E. College Pkwy
It may be reproduced as needed and Suite 350 Suite 110
downloaded for printing from: Ph: (702) 486-4033 Ph: (775) 684-1900
http://red.nv.gov/RDG/ Website: http://red.nv.gov
Email: realest@red.nv.gov
Table of Contents
State Disclosures
Common-Interest Communities and
Condominium Hotels ..................................................4
Consent to Act ..........................................................8
Construction Defects .................................................9
Duties Owed By a Nevada Real Estate Licensee ........... 10
Impact Fees............................................................ 12
Lien for Deferred Taxes ............................................ 13
Manufactured Housing—
Used Manufactured/Mobile Homes ........................ 14
Manufactured Home Parks ................................... 15
Open Range Disclosure ............................................ 16
Private Transfer Fee Obligation ................................. 18
Seller’s Real Property Disclosure ............................... 19
Water & Sewer Rates ............................................... 22
Federal/Local/Miscellaneous Disclosures
Lead-Based Paint .................................................... 23
Pool Safety & Drowning Prevention ............................ 24
Airport Noise........................................................... 25
Building & Zoning Codes .......................................... 25
Environmental Hazards ............................................ 25
Gaming (Initial Purchaser in New Construction Only) ... 26
Home Inspections .................................................... 27
Military Activities ..................................................... 27
Licensee Disclosures ................................................ 27
Road Maintenance District ........................................ 28
Soil Report (New Construction Only) .......................... 28
Contact Information ...................................................... 29
Acknowledgement Form ................................................ 31

Common-Interest Communities
and Condominium Hotels
Purpose of Disclosure
The purpose of the information statement required when
purchasing a home or unit in a common-interest
community or a condominium hotel is to make the buyer
aware of all rights, obligations and other aspects related
to owning a unit within a common-interest community
(also known as a homeowner’s association) or a
condominium hotel. The statement makes buyers aware
that use of their units can be restricted by the Declaration
or CC&R’s. It also alerts buyers that foreclosure of the
unit is possible for failure to pay assessments.
Who must provide the disclosure?

The seller must, at seller’s expense, provide an
information statement with the sale of any unit within a
common-interest community or condominium hotel. The
statement is entitled “BEFORE YOU PURCHASE PROPERTY
IN A [COMMON-INTEREST COMMUNITY] [CONDOMINIUM
HOTEL] DID YOU KNOW...”
When is it due?
In a transaction requiring a public offering statement
(further detailed below), the information statement is part
of the public offering statement and is due no later than
the date an offer to purchase becomes binding on the
buyer. If the unit has not been inspected by the buyer,
the buyer will have 5 calendar days to cancel the contract
from the date of execution.
In a resale transaction, the information statement is part

of the resale package. A buyer has 5 calendar days to
cancel the contract after receipt of the resale package. It
is good practice to provide the information statement no
later than 5 days before the contract becomes binding on
the buyer in any type of transaction.
4 State
Continued from previous page
Additional Information
Public Offering Statement
If the property is a new unit in a common-interest
community or a condominium hotel, or if the community
is subject to any developmental rights, or contains
converted buildings or contains units which may be in a
time share, or is registered with the Securities and
Exchange Commission, the buyer must also be provided
with a Public Offering Statement disclosing applicable
information, including:
- development rights of contractors

- construction schedule
- description of proposed improvements
- mechanical & electrical installations
- initial or special fees
- number & identity of units in timeshare
Unless the buyer has personally inspected the unit, the

buyer may cancel the contract to purchase, by written
notice, until midnight of the fifth calendar day following
the date of execution of the contract. This provision must
be stated in the contract.
Resale Package
In transactions involving the resale of a unit previously
sold by the developer, a resale package must be provided
to the buyer at the expense of the seller. In addition to
the information statement, the resale package includes
the following: the declaration, bylaws, rules and
regulations, monthly assessments, unpaid assessments of
any kind, current operating budget, financial statement,
reserve summary, unsatisfied judgments, and status of
any pending legal actions.
(Continued on next page…)
State 5
Continued from previous page
(Continued from previous page…)
Transfer Fees
Do not pertain to Condominium Hotels
The resale package for a home or unit in a common-

interest community must also include a statement of any
transfer fees, transaction fees or any other fees
associated with the resale of a unit.
Unpaid Obligations
Do not pertain to Condominium Hotels
The resale package for a home or unit in a common-

interest community must also include a statement from
the association setting forth the amount of the monthly
assessment for common expenses and any unpaid
obligations that are due from the selling unit’s owner,
including management fees, transfer fees, fines, penalties,
interest, collection costs, foreclosure fees and attorney’s
fee. Please be advised that while the resale package
includes this information, changes to the law in 2013 no
longer allow a seller or buyer to rely on this statement as
accurate. The seller must obtain a “statement of demand”
which is separate from the resale package.
Delivery of Resale Package
An association or hotel unit owner has 10 days to provide

the resale package after a request. If the documents are
not provided within 10 days the buyer is not liable for any
delinquent assessment. The resale package should be
delivered as soon as practicable. Unless the buyer has
accepted conveyance of the unit, the buyer may cancel
the contract to purchase, by written notice, until midnight
of the fifth calendar day following receipt of the resale
package. This provision must be stated in the contract.
6 State
Statement of Demand
Does not pertain to Condominium Hotels
The statement of fees and assessments in the resale

package may not be relied upon. It is necessary for any
seller to purchase a statement of demand from the
association and provide it to the buyer. The statement of
demand may be requested by the unit owner, his or her
representative or the holder of a security interest on the
unit. A statement of demand from the association sets
forth the current outstanding assessments, fees and
unpaid obligations, including foreclosure fees and
attorney’s fees due from the seller. The statement of
demand remains effective for the period specified in the
demand which must not be less than 15 business days
from the date of delivery by the association to the seller.
The association may provide a corrected statement of
demand prior to the sale. Payment of the amount set
forth in the statement of demand constitutes full payment
of the amount due from the seller.
[NRS 116 governs Common-Interest Communities;

NRS 116B governs Condominium Hotels]
For more information:
Form: Before You Purchase Property in a Common-Interest Community Did

You Know... or Before You Purchase Property in a Condominium Hotel
Did You Know...
Website: http://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/584.pdf
or http://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/584a.pdf
NRS: 116.4101-116.412; NAC: 116.151, 116.465, 116.470
NRS: 116B.725-116B.795; NAC: 116B.500-116B.530
State 7
Consent to Act
The purpose of the Consent to Act form is for the licensee to
obtain the written consent to act for more than one party in a
transaction.

The licensee must provide this form to all parties in the
transaction if he seeks to act for more than one party.
When is it due?
If a licensee makes such a disclosure, the consent must be
obtained from all parties before the licensee may continue to
act in his capacity as an agent.
The written consent must include:
1. A description of the real estate transaction;
2. A statement that the licensee is acting for two or more
parties to the transaction and that, in acting for these
parties, the licensee has a conflict of interest;
3. A statement that the licensee will not disclose any
confidential information for 1 year after the revocation or
termination of the brokerage agreement unless he is
required to do so per court order or he is given written
permission by that party;
4. A statement that a party is not required to consent to the
licensee acting on his behalf;
5. A statement that the party is giving his consent without
coercion and understands the terms of the consent given.

Form: Consent to Act
NRS: 645.252-254
8 State
Construction Defects
The purpose of disclosures relating to construction defects
is to make the buyer aware of any construction defects in
the property.

If there is a construction defect, the contractor must
disclose the information in understandable language that
is underlined and in bold-faced type with capital letters. If
the property is or has been the subject of a construction
defect claim or lawsuit, the seller must provide the
following information to the buyer:
- copies of all notices given to contractor
- expert opinions obtained by claimant
- terms of settlement or order of judgment
- detailed report of all repairs
When is it due?
Construction defects must be disclosed to the buyer
before purchase of the residence. If the property is or has
been the subject of a defect claim or lawsuit, the
information must be disclosed 30 days before close of
escrow, or if escrow is less than 30 days, then
immediately upon signing the sales agreement. If a claim
is made while in escrow, the disclosure must be made
within 24 hours of notice of complaint.
If the property is located within a common-interest
community and is the subject of a defect claim or lawsuit,
this information must be disclosed in the buyer’s resale
package (see Common-Interest Communities).

NRS: 40.640, 40.688
State 9
Duties Owed By a
Nevada Real Estate Licensee
The purpose of the Duties Owed form is to make the
buyer or seller aware of obligations owed by a real estate
licensee to all parties involved in the transaction.
A licensee who acts as an agent in a real estate
transaction must disclose to each party for whom the
licensee is acting as an agent and any unrepresented
party all duties owed to the parties and the licensee’s
relationship as an agent to each party in the transaction.
When is it due?
The disclosure form must be presented to the client before
any documents are signed by the client.
A Nevada licensee who has entered into a brokerage
agreement to represent a client in a real estate
transaction shall:
1. Exercise reasonable skill and care to carry out the
terms of the brokerage agreement and the licensee’s
duties in the brokerage agreement;
2. Not disclose, except to the licensee’s broker,
confidential information relating to a client for 1 year
after the revocation or termination of the brokerage
agreement, unless licensee is required to do so by
court order or the client gives written permission;
3. Seek a sale, purchase, option, rental or lease of real
property at the price and terms stated in the brokerage
agreement or at a price acceptable to the client;
4. Present all offers made to or by the client as soon as
practicable, unless the client chooses to waive the duty
of the licensee to present all offers and signs a waiver
of the duty on a form prescribed by the Division;
10 State
Duties Owed By a
Nevada Real Estate Licensee
5. Disclose to the client material facts of which the

licensee has knowledge concerning the real estate
transaction;
6. Advise the client to obtain advice from an expert
relating to matters which are beyond the expertise of
the licensee; and
7. Account to the client for all money and property the
licensee receives in which the client may have an
interest.
Waiver of Duty to Present All Offers

Authorization to Negotiate Directly with Seller
A client may choose to waive the broker’s duty to present
all offers by signing a waiver on a form, the “Waiver
Form,” prescribed by the Division. Concurrent with the
option of a client to waive the duty of his/her broker to
present all offers is the form “Authorization to Negotiate
Directly with Seller,” which gives permission in writing to
authorize a licensee to negotiate a sale or lease directly
with a seller. Both forms must be utilized and signed by a
client who waives the duty to present all offers.
Otherwise, a licensee for a buyer does not have the
permission of the seller’s broker to present offers or
negotiate with the sellers directly.

Form: Duties Owed By a Nevada Real Estate Licensee
NRS: 645.193; 645.252-645.254
State 11
Impact Fees
The seller of any property must give notice of any impact
fees that may be imposed upon the buyer.
An impact fee is a charge imposed by a local government

on new development (i.e., the construction,
reconstruction, redevelopment, conversion, alteration,
relocation or enlargement of any structure which
increases the number of service units) to finance some of
the costs attributable to the new development.

A seller who has knowledge of the impact fee must give
written notice to the buyer, including the amount of the
impact fee and the name of the local government
imposing the fee.
When is it due?
The notice must be provided to the buyer before the
property is conveyed.
If the seller fails to give this notice, the seller is liable to
the buyer for the amount of the impact fee.

NRS: 278B.320
12 State
Lien for Deferred Taxes
If there are deferred taxes that have not been paid at the
time the property is sold or transferred, the buyer must
be notified in writing that there is a lien for deferred taxes
on the property.

The seller must notify the buyer of the lien.
When is it due?
The lien must be disclosed at the time the property is sold
or transferred.
The owner of the property on the date the deferred taxes
become due is liable for the deferred taxes.

NRS: 361A.290
State 13
Used Manufactured/Mobile Homes
The purpose of the Used Manufactured/Mobile Home
disclosure is to make the buyer aware that a used
manufactured or mobile home that has not been
converted to real property is personal property and
subject to personal property taxes.

The real estate licensee shall provide the form to the
purchaser as soon as practicable, but before title is
transferred.
This disclosure also informs the purchaser that title will
not pass unless the county assessor’s endorsement is
placed on the face of the title, verifying that taxes have
been paid in full.
The disclosure also instructs the consumer to submit

certain documents to Nevada’s Manufactured Housing
Division and the county assessor within 45 days after the
sale is complete and before a certificate of ownership will
be issued.

Form: Used Manufactured/Mobile Home Disclosure
Website: Manufactured Housing Division
NRS: 645.258, 489.521, 489.531, 489.541
14 State
Manufactured Home Parks
The purpose of the disclosure relating to placing or buying
a manufactured or mobile home in a manufactured home
park is to make the buyer aware that he may be subject
to approval by the landlord of the manufactured home
park if the manufactured or mobile home will remain in
the park.

If the landlord requires approval of a prospective buyer
and tenant, the landlord must post a sign which is clearly
readable at the entrance of the park which advises
consumers that before a manufactured home in the park
is sold, the buyer and tenant must be approved by the
landlord.
If the property will remain in the manufactured home
park, make sure you have a lease agreement with the
park manager and that you know the park's rules and
regulations.
Remember: the seller or a manufactured home dealer

cannot promise that you'll be accepted as a tenant in a
particular manufactured home park. You must apply for
the lease yourself and should do so before finalizing the
purchase of your home. The landlord must approve or
deny a completed application from a prospective buyer
and tenant within 10 days after the date the application is
submitted.

Website: Manufactured Housing Division—Placing or Buying Your Home in a
Rental Community
NRS: 118B.170
State 15
Open Range Disclosure
The purpose of the Open Range Disclosure is to inform
the prospective buyer of a home or an improved or
unimproved lot adjacent to open range that livestock
are permitted to graze or roam on the property. Open
range means all unenclosed land outside of cities and
towns upon which cattle, sheep or other domestic
animals by custom, license, lease or permit are grazed
or permitted to roam. It also serves to inform the
prospective buyer that the parcel may be subject to
county or State claims of right-of-way, (commonly
referred to as R.S. 2477 rights-of-way) including rights
-of-way that may be unrecorded, undocumented or
unsurveyed; and used by miners, ranchers, hunters or
others, for access or recreational use, in a manner
which interferes with the use and enjoyment of the
parcel.

A seller must disclose, in writing, to a potential buyer
of property adjacent to open range, that livestock
grazing on the open range are permitted to enter the
property; and that the parcel may be subject to county
or State claims of right-of-way.
When is it due?
The disclosure must be provided to the potential buyer,
with the requirement that the buyer sign the disclosure
form acknowledging the date of receipt of the original
disclosure document, before the sales agreement is
signed.
16 State
Open Range Disclosure
The disclosure acknowledges fencing the property to keep
livestock out and recognizes the property owner’s
entitlement to damages if livestock enter a fenced
property but warns against harming roaming livestock
even on a fenced property.
The law requires that the seller retain a copy of the

disclosure document that has been signed by the buyer
acknowledging the date of receipt of the document,
provide a copy to the buyer, and record the original
disclosure document containing the buyer’s signature and
the seller’s notarized signature in the office of the county
recorder in the county where the property is located.

Form: Open Range Disclosure
NRS: 113.065; 568.355
State 17
Private Transfer Fee Obligation
The purpose of the disclosure is to make the buyer aware

that the property is subject to a Private Transfer Fee
Obligation (PTFO) which will require the buyer, upon
conveyance of the property by the seller, to pay either a
one-time fixed amount or a one-time percentage of the
purchase price to a third party payee.
Who Must Provide the Disclosure?
The seller of a property that is subject to a PTFO must

provide the disclosure as a written statement that discloses
the existence of and describes the PTFO, and includes
language substantially similar to the legislatively-prescribed
notice informing the buyer that the PTFO may lower the
value of the property and that the laws of this State prohibit
the enforcement of certain PTFOs created on or after May
20, 2011.
When is it due?
The disclosure must be provided to the potential buyer

before the conveyance of the property.
The notice regarding the existence of a PTFO in the seller’s

disclosure must be in substantially the following form:
A private transfer fee obligation has been created with
respect to this property. The private transfer fee obligation
may lower the value of this property. The laws of this State
prohibit the enforcement of certain private transfer fee
obligations that are created on or after May 20, 2011 and
impose certain notice requirements with respect to private
transfer fee obligations that were created before May 20,
2011.

NRS: 111.825-111.880
18 State
Seller’s Real Property Disclosure
The purpose of the Seller’s Real Property Disclosure form is
to make the buyer aware of the overall condition of the
property before it is transferred. This disclosure is not a
guarantee nor does it take the place of an inspection. In
some cases a Seller has never lived on the property and may
have no knowledge of the condition of the property. The
Buyer is advised to obtain an independent inspection
performed by a properly licensed home inspector. This form
is not required for new home sales.
The seller must complete the “Seller’s Real Property
Disclosure” form, detailing the condition of the property,
known defects, and any other aspects of the property which
may affect its use or value. A real estate licensee, unless he
is the seller of the property, may not complete this form.
The form must be fully and properly completed. If the seller
has no knowledge, “no” is an appropriate answer to the “Are
you aware …” questions. Each question must be answered
with a mark in the corresponding “yes”, “no” or in some
cases “n/a” box. Explanations of any “yes” answers, and a
properly executed signature by the seller, are also required.
The buyer may only sign the form after full and proper
completion by the seller.
A Buyer may rescind the contract without penalty if he does

not receive a fully and properly completed Seller’s Real
Property Disclosure form. If a Buyer closes a transaction
without a completed form or if a known defect is not
disclosed to a Buyer, the Buyer may be entitled to treble
damages, unless the Buyer waives his rights under NRS
113.150(6).
State 19

When is it due?
The disclosure must be delivered to the buyer at least 10
days prior to conveyance of the property.
The content of the disclosure is based on what the seller is
aware of at the time. If, after completion of the
disclosure form, the seller discovers a new defect or
notices that a previously disclosed condition has
worsened, the seller must inform the purchaser, in
writing, as soon as practicable after discovery of the
condition, or before conveyance of the property.
The buyer may not waive, and the seller may not require
a buyer to waive, any of the requirements of the
disclosure as a condition of sale or for any other purpose.
In a sale or intended sale by foreclosure, the trustee and

the beneficiary of the deed of trust shall provide, not later
than the conveyance of the property to, or upon request
from, the buyer:
written notice of any defects of which the trustee or

beneficiary is aware; and
the contact information of any asset management

company who provided asset management services, if
any defects are repaired or replaced or attempted to
be repaired or replaced. The asset management
company shall provide a service report to the
purchaser upon request.
20 State
If a Seller requests a Buyer to waive his rights or legal

remedies under NRS 113.150 or otherwise, the Buyer
should contact an attorney for advice regarding the legal
consequences. A real estate licensee cannot explain the
legal consequences of waiving a Buyer’s legal rights or
remedies.
EFFECTIVE JULY, 2017 the form includes the following 2

additional disclosures:
whether solar panels are installed on the subject

property. If yes, then disclose whether the solar
panels are leased, owned or financed.
whether the property is a participant in any

conservation easement such as the Southern Nevada
Water Authority’s Water Smart Landscape Program.
Seller shall inform the buyer about conservation
easements or the potential for other types of
conservation easements as required by the statutory
language below:
Conservation Easements: The subject property ___ is

OR ____ is not subject to a Restrictive Covenant and
Conservation Easement established by Nevada Revised
Statute 111.390-440 such as the Southern Nevada
Water Authority’s Water Smart Landscape Program.

Form: Seller’s Real Property Disclosure
NRS: 113.130; 113.140; 113.150
NRS: 111.390-440
State 21
Water & Sewer Rates
The purpose of the disclosure relating to water and sewer
rates is to inform the buyer of a previously unsold home
or improved lot of public utility rates when service is for
more than 25 but fewer than 2,000 customers.

The seller must post a notice, which shows the current or
projected rates, in a conspicuous place on the property.
When is it due?
The notice must be posted and a copy provided to the
buyer before the home is sold.
The notice must contain the name, address and telephone
number of the public utility and the Division of Consumer
Complaint Resolution of the Public Utilities Commission of
Nevada.

NRS: 113.060
22 State
Lead-Based Paint
The purpose of the lead-based paint disclosure is to make
the buyer aware that the residential property
(if built prior to 1978) may present exposure to lead.

Federal law requires that the seller disclose any known
presence of lead-based paint hazards and provide the
buyer with the EPA disclosure booklet, “Protect Your
Family From Lead in Your Home,” along with any other
available records and/or reports.
When is it due?
The disclosure is on a federally prescribed form and must
be made as a condition of the sale before conveyance of
the property.
On the disclosure form, the buyer must acknowledge
receipt of the EPA disclosure booklet and copies of lead
reports, if available. Additionally, the buyer will receive a
10-day opportunity to conduct a risk assessment or may
choose to waive this opportunity.

Form: Disclosure of Information on Lead-Based Paint
Website: Environmental Protection Agency (Lead)
Phone: National Lead Information Center 1-800-424-LEAD
Federal 23
Pool Safety and Drowning

Prevention Disclosure
The purpose of the Southern Nevada Health District’s pool
safety and drowning prevention disclosure is to make the
buyer aware of the risk of death by drowning in private and
public pools particularly for children 4 years or younger.

The information is provided by the Nevada Real Estate
Division (NRED) in agreement with the Southern Nevada
Health District (SNHD) to promote SNHD’s efforts to inform
the public on drowning prevention.
When is it due?
The disclosure will be provided to the buyer before the sales
agreement is signed by way of the Residential Disclosure
Guide in which it is contained. The buyer is advised to visit
SNHD’s website:
http://www.southernnevadahealthdistrict.org/health-topics/
drowning-prevention.php.
Drowning is the leading cause of unintentional injury death in
Clark County for children four years of age and under. The
majority of drowning deaths occur in the family pool.
Preventable mistakes include leaving a child unattended near
a body of water in which a child’s nose and mouth can be
submerged.
More information on drowning facts, preventable mistakes,

how to be prepared to prevent a drowning, pool security,
drowning statistics, adult supervision and more can be
obtained at SNHD’s website at http://
www.southernnevadahealthdistrict.org/health-topics/
drowning-prevention.php and
http://www.gethealthyclarkcounty.org/be-safe/index.php.
24 Local/Miscellaneous
Miscellaneous Disclosures
Depending upon the transaction, the following disclosures may also

be required from a buyer, seller or licensee:
AIRPORT NOISE
Buyers should investigate the impact of airport flight
paths and the noise levels at different times of the day
over that property.
BUILDING & ZONING CODES

The purpose of the building and zoning disclosure is to
inform the buyer of transportation beltways and/or
planned or anticipated land use within proximity of the
subject property of which the seller has knowledge.
For more information on building and zoning codes, contact your
local jurisdiction.
ENVIRONMENTAL HAZARDS
Although the seller is required to disclose the presence of
environmental hazards, a statement that the seller is not
aware of a defect or hazard does not mean that it does
not exist. It is the buyer’s responsibility to be
informed and take additional steps to further
investigate. Some potential hazards that may be found
in Nevada include:
Radon (www.epa.gov/radon)
Floods (http://www.floodsmart.gov)
Methamphetamine Labs (NRS 40.770 & 489.776)
Wood-Burning Devices (http://www.epa.gov/iaq/
pubs/combust.html)
Local/Miscellaneous 25

Underground Storage Tanks (http://epa.gov/
oust/index.htm)
Septic Systems (http://water.epa.gov/
infrastructure/septic/)
Wells (http://water.epa.gov/drink/info/well/
index.cfm)
Land and Cleanup (http://www2.epa.gov/learn-
issues/learn-about-land-and-cleanup)
Groundwater (http://water.epa.gov/drink/
resources/topics.cfm)
Public Pools & Spas (http://www.poolsafely.gov/)
Molds and Moisture (http://www.epa.gov/mold/)
For more information on environmental hazards, visit:

www.epa.gov.
GAMING
Initial Purchaser in New Construction Only
If there is a gaming district near the property, the seller
must disclose information which includes a copy of the
most recent gaming enterprise district map, the location
of the nearest gaming enterprise district, and notice that
the map is subject to change. This disclosure is required
for Nevada counties with population over 400,000.
The information must be provided at least 24 hours before
the seller signs the sales agreement. The buyer may
waive the 24-hour period.
The seller must retain a copy of the disclosure.
For more information on gaming, see: NRS 113.080
HOME INSPECTIONS
When obtaining an FHA-insured loan, this disclosure
informs the buyer about the limits of the Federal Housing
Administration appraisal inspection and suggests the
buyer obtain a home inspection to evaluate the physical
condition of the property prior to purchase. The form is
entitled, “For Your Protection: Get a Home Inspection.”
For more information on FHA home inspections, visit:
www.hud.gov.
MILITARY ACTIVITIES
The purpose of the Military Activities Disclosure is to make
the purchaser of residential property aware of planned or
anticipated military activity within the proximity of the
property. Counties in which the military files Military
Activities Plans include Clark County, Washoe County,
Churchill County and Mineral County.
For more information on military activities plans in these
counties, contact the local municipal jurisdiction or the
Public Information Officer of the Military Installation in
your county.
LICENSEE DISCLOSURES
In addition to the “Consent to Act” and the “Duties Owed
by a Nevada Real Estate Licensee” forms (see pages 8 &
10), a real estate licensee is required to disclose other
information such as his relationship to one or more parties
in the transaction and/or having a personal interest in the
property.
For more information regarding duties and disclosures owed by a
licensee, see: NRS 645.252-645.254, NAC 645.637 and NAC
645.640.
Local/Miscellaneous 27
ROAD MAINTENANCE DISTRICT

The sale of residential property within a road maintenance
district is prohibited unless the seller provides notice to
the purchaser, including the amount of assessments for
the last two years. If the district has been in existence for
less than 2 years before notice is provided to the
purchaser, then the amount of assessments shall be given
for the period since the district was created.
For more information, see: NRS 320.130.
SOIL REPORT (New Construction Only)

If the property has not been occupied by the buyer more
than 120 days before completion, the seller must give
notice of any soil report prepared for the property or for
the subdivision in which the property is located.
The seller must provide such notice upon signing the sales
agreement.
Upon receiving the notice, the buyer must submit a
written request within 5 days for a copy of the actual
report. The seller must provide a free report to the buyer
within 5 days of receiving such request.
Upon receiving the soil report, the buyer has 20 days to
rescind the sales agreement. This rescission right may be
waived, in writing, by the buyer.
For more information, see: NRS 113.135.
Contact Information
Nevada Real Estate Division (LV) Nevada Real Estate Division (CC)
3300 W Sahara Avenue, Suite 350 1818 E. College Parkway, Suite 110
Las Vegas, NV 89102 Carson City, NV 89706-7986
Phone: (702) 486-4033 Phone: (775) 684-1900
Fax: (702) 486-4275 Fax: (775) 687-4868
Email: realest@red.nv.gov Email: realest@red.nv.gov
Website: http://red.nv.gov Website: http://red.nv.gov
Manufactured Housing Manufactured Housing

Division (LV) Division (CC)
3300 W Sahara Avenue, Suite 320 1830 E. College Pkwy., #120
Las Vegas, NV 89102 Carson City, Nevada 89706
Phone: (702) 486-4135 Phone: (775) 684-2940
Fax: (702) 486-4309 Fax: (775) 684-2949
Email: nmhd@mhd.state.nv.us Email: nmhd@mhd.state.nv.us
Website: http://mhd.nv.gov Website: http://mhd.nv.gov
Ombudsman Office U.S. Environmental Protection Agency

(Common-Interest Communities) 1200 Pennsylvania Avenue, N.W.
3300 W Sahara Avenue, Suite 325 Washington, DC 20460
Las Vegas, NV 89102 Phone: (202) 272-0167
Phone: (702) 486-4480 Website: www.epa.gov
Toll Free: (877) 829-9907
Fax: (702) 486-4520
Email: CICOmbudsman@red.nv.gov
Website: http://red.nv.gov/cic/
National Lead Information Center Department of Health and Human

422 South Clinton Avenue Services – Center for Disease Control &
Rochester, NY 14620 Prevention
Phone: (800) 424-LEAD 1600 Clifton Road
Fax: (585) 232-3111 Atlanta, GA 30333
Website: http://www2.epa.gov/lead/forms/lead- Phone: 800-CDC-INFO (800-232-4636)
hotline-national-lead-information-center Website: www.cdc.gov
U.S. Consumer Product Safety Commission

4330 East West Highway
Bethesda, MD 20814
Phone: (301) 504-7923
Fax: (301) 504-0124
Website: www.cpsc.gov
July 2017 622

R ESIDENTIAL State of Nevada
D ISCLOSURE
Department of
Business & Industry
Real Estate Division
GUIDE
I/We acknowledge that I/we have received a copy of the

Residential Disclosure Guide.
DATE ____________________
Chola Reavley-Thomas
_______________________________________________
Client—Print Name
_______________________________________________
Client—Signature
_______________________________________________
Gareth Thomas
Client—Print Name
_______________________________________________
Client—Signature
Make copy of page for additional signatures.
Retain original or copy in each transaction file.

July 2017 622

Chola Reavley-Thomas Gareth Thomas
Gareth Thomas

Are You Planning to Buy or Rent a Home Built

Before 1978?
Did you know that many homes built before 1978 have lead-based
paint? Lead from paint, chips, and dust can pose serious health
hazards.
Read this entire brochure to learn:

How lead gets into the body
About health effects of lead
What you can do to protect your family
Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal

law requires:
Sellers must disclose known information on lead-based paint or lead-
based paint hazards before selling a house.
Real estate sales contracts must include a specific warning statement
about lead-based paint. Buyers have up to 10 days to check for lead.
Landlords must disclose known information on lead-based paint
and lead-based paint hazards before leases take effect. Leases must
include a specific warning statement about lead-based paint.
If undertaking renovations, repairs, or painting (RRP) projects in

your pre-1978 home or apartment:
Read EPA’s pamphlet, The Lead-Safe Certified Guide to Renovate Right,
to learn about the lead-safe work practices that contractors are
required to follow when working in your home (see page 12).

Simple Steps to Protect Your Family

from Lead Hazards
If you think your home has lead-based paint:
Don’t try to remove lead-based paint yourself.
Always keep painted surfaces in good condition to minimize

deterioration.
Get your home checked for lead hazards. Find a certified

inspector or risk assessor at epa.gov/lead.
Talk to your landlord about fixing surfaces with peeling or

chipping paint.
Regularly clean floors, window sills, and other surfaces.
Take precautions to avoid exposure to lead dust when

remodeling.
When renovating, repairing, or painting, hire only EPA- or state-

approved Lead-Safe certified renovation firms.
Before buying, renting, or renovating your home, have it

checked for lead-based paint.
Consult your health care provider about testing your children

for lead. Your pediatrician can check for lead with a simple
blood test.
Wash children’s hands, bottles, pacifiers, and toys often.
Make sure children avoid fatty (or high fat) foods and eat
nutritious meals high in iron and calcium.
Remove shoes or wipe soil off shoes before entering your

house.

Lead Gets into the Body in Many Ways
Adults and children can get lead into their bodies if they:
Breathe in lead dust (especially during activities such as renovations,

repairs, or painting that disturb painted surfaces).
Swallow lead dust that has settled on food, food preparation surfaces,
and other places.
Eat paint chips or soil that contains lead.
Lead is especially dangerous to children under the age of 6.
At this age, children’s brains

and nervous systems are
more sensitive to the
damaging effects of lead.
Children’s growing bodies

absorb more lead.
Babies and young children

often put their hands
and other objects in their
mouths. These objects can
have lead dust on them.
Women of childbearing age should know that lead is dangerous to

a developing fetus.
Women with a high lead level in their system before or during

pregnancy risk exposing the fetus to lead through the placenta
during fetal development.

Health Effects of Lead
Lead affects the body in many ways. It is important to know that

even exposure to low levels of lead can severely harm children.
In children, exposure to lead can cause: Brain Nerve Damage
Hearing
Nervous system and kidney damage Problems
Learning disabilities, attention deficit

Slowed
disorder, and decreased intelligence Growth
Speech, language, and behavior

problems
Poor muscle coordination
Decreased muscle and bone growth

Digestive
Hearing damage Problems
Reproductive
While low-lead exposure is most common, Problems
exposure to high amounts of lead can have (Adults)
devastating effects on children, including

seizures, unconsciousness, and, in some cases, death.
Although children are especially susceptible to lead exposure, lead can

be dangerous for adults, too.
In adults, exposure to lead can cause:
Harm to a developing fetus
Increased chance of high blood pressure during pregnancy
Fertility problems (in men and women)
High blood pressure
Digestive problems
Nerve disorders
Memory and concentration problems
Muscle and joint pain

3

Check Your Family for Lead
Get your children and home tested if you think your home has
lead.
Children’s blood lead levels tend to increase rapidly from 6 to 12

months of age, and tend to peak at 18 to 24 months of age.
Consult your doctor for advice on testing your children. A simple blood
test can detect lead. Blood lead tests are usually recommended for:
Children at ages 1 and 2
Children or other family members who have been exposed to high

levels of lead
Children who should be tested under your state or local health

screening plan
Your doctor can explain what the test results mean and if more
testing will be needed.

Where Lead-Based Paint Is Found
In general, the older your home or childcare facility, the more likely it
has lead-based paint.1
Many homes, including private, federally-assisted, federally-

owned housing, and childcare facilities built before 1978 have
lead-based paint. In 1978, the federal government banned consumer
uses of lead-containing paint. 2
Learn how to determine if paint is lead-based paint on page 7.
Lead can be found:
In homes and childcare facilities in the city, country, or suburbs,
In private and public single-family homes and apartments,
On surfaces inside and outside of the house, and
In soil around a home. (Soil can pick up lead from exterior paint or
other sources, such as past use of leaded gas in cars.)
Learn more about where lead is found at epa.gov/lead.
1 “Lead-based paint” is currently defined by the federal government as paint with

lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or
more than 0.5% by weight.
2 “Lead-containing paint” is currently defined by the federal government as lead in new
dried paint in excess of 90 parts per million (ppm) by weight.

Identifying Lead-Based Paint and Lead-Based Paint

Hazards
Deteriorating lead-based paint (peeling, chipping, chalking,

cracking, or damaged paint) is a hazard and needs immediate
attention. Lead-based paint may also be a hazard when found on
surfaces that children can chew or that get a lot of wear and tear, such
as:
On windows and window sills
Doors and door frames
Stairs, railings, banisters, and porches
Lead-based paint is usually not a hazard if it is in good condition

and if it is not on an impact or friction surface like a window.
Lead dust can form when lead-based paint is scraped, sanded, or

heated. Lead dust also forms when painted surfaces containing
lead bump or rub together. Lead paint chips and dust can get on
surfaces and objects that people touch. Settled lead dust can reenter
the air when the home is vacuumed or swept, or when people walk
through it. EPA currently defines the following levels of lead in dust as
hazardous:
40 micrograms per square foot (µg/ft2) and higher for floors,

including carpeted floors
250 µg/ft2 and higher for interior window sills
Lead in soil can be a hazard when children play in bare soil or when
people bring soil into the house on their shoes. EPA currently defines
the following levels of lead in soil as hazardous:
400 parts per million (ppm) and higher in play areas of bare soil
1,200 ppm (average) and higher in bare soil in the remainder of the
yard
Remember, lead from paint chips—which you can see—and lead

dust—which you may not be able to see—both can be hazards.
The only way to find out if paint, dust, or soil lead hazards exist is to
test for them. The next page describes how to do this.
6

Checking Your Home for Lead
You can get your home tested for lead in several different ways:
A lead-based paint inspection tells you if your home has lead-

based paint and where it is located. It won’t tell you whether your
home currently has lead hazards. A trained and certified testing
professional, called a lead-based paint
inspector, will conduct a paint inspection
using methods, such as:
Portable x-ray fluorescence (XRF) machine
Lab tests of paint samples
A risk assessment tells you if your home

currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards. A
trained and certified testing professional,
called a risk assessor, will:
Sample paint that is deteriorated on doors, windows, floors, stairs,

and walls
Sample dust near painted surfaces and sample bare soil in the
yard
Get lab tests of paint, dust, and soil samples
A combination inspection and risk assessment tells you if your home

has any lead-based paint and if your home has any lead hazards, and
where both are located.
Be sure to read the report provided to you after your inspection or risk
assessment is completed, and ask questions about anything you do not
understand.

Checking Your Home for Lead, continued
In preparing for renovation, repair, or painting work in a pre-1978

home, Lead-Safe Certified renovators (see page 12) may:
Take paint chip samples to determine if lead-based paint is

present in the area planned for renovation and send them to an
EPA-recognized lead lab for analysis. In housing receiving federal
assistance, the person collecting these samples must be a certified
lead-based paint inspector or risk assessor
Use EPA-recognized tests kits to determine if lead-based paint is

absent (but not in housing receiving federal assistance)
Presume that lead-based paint is present and use lead-safe work

practices
There are state and federal programs in place to ensure that testing is
done safely, reliably, and effectively. Contact your state or local agency
for more information, visit epa.gov/lead, or call 1-800-424-LEAD
(5323) for a list of contacts in your area.3
3 Hearing- or speech-challenged individuals may access this number through TTY by

calling the Federal Relay Service at 1-800-877-8399.

What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards, you
can take some immediate steps to reduce your family’s risk:
If you rent, notify your landlord of peeling or chipping paint.
Keep painted surfaces clean and free of dust. Clean floors, window
frames, window sills, and other surfaces weekly. Use a mop or sponge
with warm water and a general all-purpose cleaner. (Remember:
never mix ammonia and bleach products together because they can
form a dangerous gas.)
Carefully clean up paint chips immediately without creating dust.
Thoroughly rinse sponges and mop heads often during cleaning of

dirty or dusty areas, and again afterward.
Wash your hands and your children’s hands often, especially before
they eat and before nap time and bed time.
Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed
animals regularly.
Keep children from chewing window sills or other painted surfaces, or

eating soil.
When renovating, repairing, or painting, hire only EPA- or state-

approved Lead-Safe Certified renovation firms (see page 12).
Clean or remove shoes before entering your home to avoid tracking

in lead from soil.
Make sure children avoid fatty (or high fat) foods and eat nutritious
meals high in iron and calcium. Children with good diets absorb less
lead.

Reducing Lead Hazards
Disturbing lead-based paint or

removing lead improperly can
increase the hazard to your family by
spreading even more lead dust around
the house.
In addition to day-to-day cleaning

and good nutrition, you can
temporarily reduce lead-based paint
hazards by taking actions, such as
repairing damaged painted surfaces
and planting grass to cover lead-
contaminated soil. These actions are
not permanent solutions and will need
ongoing attention.
You can minimize exposure to lead

when renovating, repairing, or painting by hiring an EPA- or state-
certified renovator who is trained in the use of lead-safe work
practices. If you are a do-it-yourselfer, learn how to use lead–safe
work practices in your home.
To remove lead hazards permanently, you should hire a certified lead

abatement contractor. Abatement (or permanent hazard elimination)
methods include removing, sealing, or enclosing lead-based paint
with special materials. Just painting over the hazard with regular
paint is not permanent control.
Always use a certified contractor who is trained to address lead

hazards safely.
Hire a Lead-Safe Certified firm (see page 12) to perform renovation,

repair, or painting (RRP) projects that disturb painted surfaces.
To correct lead hazards permanently, hire a certified lead abatement

professional. This will ensure your contractor knows how to work
safely and has the proper equipment to clean up thoroughly.
Certified contractors will employ qualified workers and follow strict

safety rules as set by their state or by the federal government.
10

Reducing Lead Hazards, continued
If your home has had lead abatement work done or if the housing is
receiving federal assistance, once the work is completed, dust cleanup
activities must be conducted until clearance testing indicates that lead
dust levels are below the following levels:
40 micrograms per square foot (µg/ft2) for floors, including carpeted

floors
250 µg/ft2 for interior window sills
400 µg/ft2 for window troughs
For help in locating certified lead abatement professionals in your area,

call your state or local agency (see pages 14 and 15), or visit
epa.gov/lead, or call 1-800-424-LEAD.
11

Renovating, Remodeling, or Repairing (RRP) a Home

with Lead-Based Paint
If you hire a contractor to conduct renovation, repair, or painting

(RRP) projects in your pre-1978 home or childcare facility (such as
pre-school and kindergarten), your contractor must:
Be a Lead-Safe Certified firm approved by EPA or an

EPA-authorized state program
Use qualified trained individuals (Lead-Safe

Certified renovators) who follow specific lead-safe
work practices to prevent lead contamination
Provide a copy of EPA’s lead hazard information

document, The Lead-Safe Certified Guide to
Renovate Right
RRP contractors working in pre-1978 homes and childcare facilities

must follow lead-safe work practices that:
Contain the work area. The area must be contained so that dust and
debris do not escape from the work area. Warning signs must be put
up, and plastic or other impermeable material and tape must be used.
Avoid renovation methods that generate large amounts of

lead-contaminated dust. Some methods generate so much lead-
contaminated dust that their use is prohibited. They are:
Open-flame burning or torching
Sanding, grinding, planing, needle gunning, or blasting with

power tools and equipment not equipped with a shroud and
HEPA vacuum attachment and
Using a heat gun at temperatures greater than 1100°F
Clean up thoroughly. The work area should be cleaned up daily.

When all the work is done, the area must be cleaned up using special
cleaning methods.
Dispose of waste properly. Collect and seal waste in a heavy duty

bag or sheeting. When transported, ensure that waste is contained to
prevent release of dust and debris.
To learn more about EPA’s requirements for RRP projects visit 12
epa.gov/getleadsafe, or read The Lead-Safe Certified Guide to
Renovate Right.

Other Sources of Lead
While paint, dust, and soil are the most common sources of lead,
other lead sources also exist:
Drinking water. Your home might have plumbing with lead or lead
solder.You cannot see, smell, or taste lead, and boiling your water will
not get rid of lead. If you think your plumbing might contain lead:
Use only cold water for drinking and cooking.
Run water for 15 to 30 seconds before drinking it, especially if

you have not used your water for a few hours.
Call your local health department or water supplier to find out

about testing your water, or visit epa.gov/lead for EPA’s lead in
drinking water information.
Lead smelters or other industries that release lead into the air.
Your job. If you work with lead, you could bring it home on your body
or clothes. Shower and change clothes before coming home. Launder
your work clothes separately from the rest of your family’s clothes.
Hobbies that use lead, such as making pottery or stained glass,

or refinishing furniture. Call your local health department for
information about hobbies that may use lead.
Old toys and furniture may have been painted with lead-containing
paint. Older toys and other children’s products may have parts that
contain lead.4
Food and liquids cooked or stored in lead crystal or lead-glazed

pottery or porcelain may contain lead.
Folk remedies, such as “greta” and “azarcon,” used to treat an upset

stomach.
4 In 1978, the federal government banned toys, other children’s products, and furniture
with lead-containing paint (16 CFR 1303). In 2008, the federal government banned
lead in most children’s products. The federal government currently bans lead in
excess of 100 ppm by weight in most children’s products (76 FR 44463).
13

For More Information
The National Lead Information Center

Learn how to protect children from lead poisoning and get other
information about lead hazards on the Web at epa.gov/lead and
hud.gov/lead, or call 1-800-424-LEAD (5323).
EPA’s Safe Drinking Water Hotline

For information about lead in drinking water, call 1-800-426-4791, or
visit epa.gov/lead for information about lead in drinking water.
Consumer Product Safety Commission (CPSC) Hotline

For information on lead in toys and other consumer products, or to
report an unsafe consumer product or a product-related injury, call
1-800-638-2772, or visit CPSC’s website at cpsc.gov or
saferproducts.gov .
State and Local Health and Environmental Agencies

Some states, tribes, and cities have their own rules related to lead-
based paint. Check with your local agency to see which laws apply
to you. Most agencies can also provide information on finding a lead
abatement firm in your area, and on possible sources of financial aid
for reducing lead hazards. Receive up-to-date address and phone
information for your state or local contacts on the Web at epa.gov/lead,
or contact the National Lead Information Center at 1-800-424-LEAD.
Hearing- or speech-challenged individuals may access any of the

phone numbers in this brochure through TTY by calling the toll-
free Federal Relay Service at 1-800-877-8339.
14

U. S. Environmental Protection Agency (EPA)

Regional Offices
The mission of EPA is to protect human health and the environment.

Your Regional EPA Office can provide further information regarding
regulations and lead protection programs.
Region 1 (Connecticut, Massachusetts, Maine, Region 6 (Arkansas, Louisiana, New Mexico,
New Hampshire, Rhode Island, Vermont) Oklahoma, Texas, and 66 Tribes)
Regional Lead Contact Regional Lead Contact
U.S. EPA Region 1 U.S. EPA Region 6
5 Post Office Square, Suite 100, OES 05-4 1445 Ross Avenue, 12th Floor
Boston, MA 02109-3912 Dallas, TX 75202-2733
(888) 372-7341 (214) 665-2704
Region 2 (New Jersey, New York, Puerto Rico, Region 7 (Iowa, Kansas, Missouri, Nebraska)
Virgin Islands)
Regional Lead Contact
Regional Lead Contact U.S. EPA Region 7
U.S. EPA Region 2 11201 Renner Blvd.
2890 Woodbridge Avenue WWPD/TOPE
Building 205, Mail Stop 225 Lenexa, KS 66219
Edison, NJ 08837-3679 (800) 223-0425
(732) 321-6671
Region 8 (Colorado, Montana, North
Region 3 (Delaware, Maryland, Pennsylvania, Dakota, South Dakota, Utah, Wyoming)
Virginia, DC, West Virginia)
Regional Lead Contact U.S. EPA Region 8
U.S. EPA Region 3 1595 Wynkoop St.
1650 Arch Street Denver, CO 80202
Philadelphia, PA 19103 (303) 312-6966
(215) 814-2088
Region 9 (Arizona, California, Hawaii,
Region 4 (Alabama, Florida, Georgia, Nevada)
Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee)
U.S. EPA Region 9 (CMD-4-2)
Regional Lead Contact 75 Hawthorne Street
U.S. EPA Region 4 San Francisco, CA 94105
AFC Tower, 12th Floor, Air, Pesticides & Toxics (415) 947-4280
61 Forsyth Street, SW
Atlanta, GA 30303 Region 10 (Alaska, Idaho, Oregon,
(404) 562-8998 Washington)
Region 5 (Illinois, Indiana, Michigan,
U.S. EPA Region 10
Minnesota, Ohio, Wisconsin)
Solid Waste & Toxics Unit (WCM-128)
Regional Lead Contact 1200 Sixth Avenue, Suite 900
U.S. EPA Region 5 (DT-8J) Seattle, WA 98101
77 West Jackson Boulevard (206) 553-1200
Chicago, IL 60604-3666
(312) 886-7836
15

Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of injury

from consumer products through education, safety standards
activities, and enforcement. Contact CPSC for further information
regarding consumer product safety and regulations.
CPSC
4330 East West Highway
Bethesda, MD 20814-4421
1-800-638-2772
cpsc.gov or saferproducts.gov
U. S. Department of Housing and Urban

Development (HUD)
HUD’s mission is to create strong, sustainable, inclusive

communities and quality affordable homes for all. Contact
HUD’s Office of Healthy Homes and Lead Hazard Control for
further information regarding the Lead Safe Housing Rule, which
protects families in pre-1978 assisted housing, and for the lead
hazard control and research grant programs.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
(202) 402-7698
hud.gov/offices/lead/
This document is in the public domain. It may be produced by an individual or organization without
permission. Information provided in this booklet is based upon current scientific and technical
understanding of the issues presented and is reflective of the jurisdictional boundaries established by
the statutes governing the co-authoring agencies. Following the advice given will not necessarily
provide complete protection in all situations or against all health hazards that can be caused by lead
exposure.
U. S. EPA Washington DC 20460 EPA-747-K-12-001

U. S. CPSC Bethesda MD 20814 September 2013
U. S. HUD Washington DC 20410
16

IMPORTANT!
Lead From Paint, Dust, and Soil in and
Around Your Home Can Be Dangerous if
Not Managed Properly
Children under 6 years old are most at risk for lead

poisoning in your home.
Lead exposure can harm young children and babies even

before they are born.
Homes, schools, and child care facilities built before 1978

are likely to contain lead-based paint.
Even children who seem healthy may have dangerous

levels of lead in their bodies.
Disturbing surfaces with lead-based paint or removing

lead-based paint improperly can increase the danger to
your family.
People can get lead into their bodies by breathing or

swallowing lead dust, or by eating soil or paint chips
containing lead.
People have many options for reducing lead hazards.

Generally, lead-based paint that is in good condition is not
a hazard (see page 10).

Gareth Thomas
Eddie Meese
Exhibit 2
Exhibit 3
Exhibit 4C
APPOINTMENT RECORD & INVOICE
Fischer's Pest Control
7251 W Lake Mead Blvd #300
Invoice # : 33713
Las Vegas, NV 89128
Service Date : Jul 17, 2018
702-348-9278
Account # : 11430

Poison Control # : (800) 222-1222
Tech & License # : Shared Techs
Appt Window : Anytime
Gareth & Cholla Thomas Time In/Out : 7:18PM-9:46PM
3644 Forestcrest Service Address : 3644 Forestcrest
Las Vegas, NV 89121 Las Vegas, NV 89121

Total due on Jul 17, 2018:
$0.00
SERVICE PRICE QTY TOTAL
Scorpion - Initial Service Charge $600.00 1 $600.00
NOTES Sub Total $600.00

Sprayed and granulated extremely heavy around perimeter of the property for scorpions. Tax $0.00
Also sprayed heavy around interior baseboards. During Scorpion removal found around Previous Amount Due $-600.00
45 to 50 scorpions. All but two we're outside. 2 inside. Around 50% located in wood pile Total Due $0.00
in backyard and the remaining scattered throughout the 6 big palm trees. Thank you!
CAW. Amount Paid $0.00
Current Amount Due $0.00
PRODUCTS USED
FIN
PRODUCT & EPA NUMBER TARGETED PESTS AREAS TREATED RATIO CONCENTRATE METHOD
AMT
TALSTAR P (Bifenthrin) 2 Birchmeier
1,2,3,4,5,6,7,8,9 10,16,2,3,8,9 .06%
EPA 279-3206 GAL Sprayer
TALSTAR PL GRANUAL
5 Bulb
(Bifenthrin) EPA 279- 1,3,4,5,6,7,8,9 16,7 .2%
OZ Duster
3168
NIBAN (Orthoboric Acid) 4 Bulb
1,3,4,5,7,8,9 13,14 5%
EPA 64405-2 OZ Duster
CYZMIC CS (Lambda
6 Birchmeier
Cyhalothrin) EPA 53883- 1,2,3,4,5,6,7,8,9 1,11,12,13,14,15,16,4,5,6 .2%
GAL Sprayer
261
TARGETED PESTS 1-Ants, 2-Carpet Beetles, 3-Cockroaches, 4-Crickets, 5-Earwigs, 6-Flies, 7-Scorpions, 8-Silver sh, 9-
Spiders
AREAS TREATED 1-Back Yard, 2-Bathroom, 3-Bedroom, 4-Doors/Windows, 5-Front Yard, 6-Garage, 7-Grass, 8-
Kitchen, 9-Laundry Room, 10-Living Room, 11-Perimeter House, 12-Perimeter Wall, 13-Rocks, 14-Trees/Shrubs, 15-
Wall Voids, 16-Waterbox
CUT HERE AND INCLUDE THIS SECTION WITH YOUR PAYMENT
Your account does not have an amount due, do not send payment.
Gareth & Cholla Thomas Current Amount Due: $0.00 Due Date: Jul 17, 2018
Account #11430
Invoice #33713 Amount Enclosed $________________________________
Pay Online Send Payments To Pay by Phone

schers.briostack.com/customer Fischer's Pest Control, Inc. 702-348-9278
7251 W Lake Mead Blvd #300, Las Vegas, NV, 89128
Thank you for your business!

Exhibit 4D

Scorpion Lawsuit Document

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Scorpion Lawsuit Document

Загружено:

Авторское право:

Доступные форматы

Electronically Filed

11 CHOLA REAVLEY-THOMAS, an individual;

14 GORDON L. HAFENRICHTER both as

Case Number: A-19-801277-C

4 4. Upon information and belief, Gordon L. Hafenricther is the only known

5 beneficiary of the Hafenrichter Family Trust.

12 appropriate charging allegations.

13 6. ROE CORPORATIONS I through X are fictious names of defendants

19 together with appropriate charging allegations.

24 See e.g. NRS 163.120 – 163.140.

7 to Article 6, Section 6, of the Nevada Constitution.

10 located in Clark County, Nevada.

12 11. On or about June 9, 2018, Plaintiffs entered into a Purchase Agreement

14 Las Vegas, NV 89121 (the “Property”). See Exhibit 1.

18 13. On page 2, number 5 of the SRPD it asks whether there is a history of

24 Defendant, if he has seen any scorpions on the property.

3 at the property. Exhibit 3.

10 at the property. Exhibit 4A and Exhibit 4B.

16 FIRST CLAIM FOR RELIEF

5 provided in the Agreement and by law.

6 SECOND CLAIM FOR RELIEF

4 39. Plaintiffs relied upon defendant’s representations about scorpions and

5 purchased the subject Property.

6 40. Plaintiffs were damaged in an amount in excess of $15,000 as a result of

7 defendant’s false representation.

10 in the Agreement and by law.

11 FOURTH CLAIM FOR RELIEF

17 Dated this 3rd day of September, 2019.

18 MORRIS LAW CENTER

RECEIPT OF ‘‘FOR YOUR PROTECTION’’ NOTICE

3644 Forestcrest Dr Chola Reavley-Thomas Gareth Thomas

X I/we choose to have a home inspection performed.

I/we choose not to have a home inspection performed.

Buyer Chola Reavley-Thomas Date

Buyer Gareth Thomas Date

This form presented by Eddie Meese | Realty Expertise | 702-217-8012 | eddie@realtyexpertise.com

OMB Approval No: 2502-

For Your Protection:

Evaluate the physical condition: structure, construction, and mechanical

You Must Ask for a Home Inspection

Appraisals are Different from Home Inspections

Radon Gas Testing and other safety/health issues

UTIES OWED BY A Nevada Real Estate Division

A few things you need to know

SED MOBILE HOMES

ESIDENTIAL POOL SAFETY

T he Department of Business and Industry—Nevada Real Estate

©2006-2017 Nevada Real Estate Division, Department of Business & Industry,

First reprint: January 2007 Fifth reprint: November 2011

Nevada Real Estate Division

Contact Information ...................................................... 29

Acknowledgement Form ................................................ 31

Who must provide the disclosure?

In a resale transaction, the information statement is part

- development rights of contractors

Unless the buyer has personally inspected the unit, the

(Continued on next page…)

(Continued from previous page…)

Do not pertain to Condominium Hotels

The resale package for a home or unit in a common-

The resale package for a home or unit in a common-

An association or hotel unit owner has 10 days to provide

Does not pertain to Condominium Hotels