Nevada Code § 100.139

Requirements of lease agreement for used vehicles; disclosures
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1. A lessor who is a dealer shall use a
lease agreement in connection with a consumer vehicle lease for a used vehicle
that:
(a) Is accepted and acted upon by the lessor and
any other person necessary to effectuate the lease.
(b) Contains any information required to be
disclosed by the Consumer Leasing Act of 1976, 15 U.S.C. 1667 et seq., and
the regulations adopted pursuant thereto, including, without limitation, 12
C.F.R. Part 1013, commonly known as Regulation M.
(c) If the lease provides for the sale of goods
or services, identifies and itemizes the goods sold or to be sold or services
furnished or rendered or to be furnished or rendered and the price of each item
of goods or services.
(d) Contains a provision that default on the part
of the lessee is only enforceable to the extent that:
(1) The lessee fails to make a payment as
required by the agreement, but in no case less than 30 days after the date
required by the lease agreement; or
(2) The prospect of payment, performance
or realization of collateral is significantly impaired. The burden of establishing
the prospect of significant impairment is on the lessor.
(e) Includes the following notice in at least
10-point bold type:
NOTICE
TO LESSEE
Do not sign this agreement
before you read it or if it contains any blank spaces. You are entitled to a
completed copy of this agreement. If you fail to perform your obligations under
this agreement, the vehicle may be repossessed and you may be liable for the
unpaid indebtedness evidenced by this agreement.
(f) Limits late fees to the lesser of $15 or 8
percent of any installment amount in default for more than 10 days.
(g) Contains a term regarding residual value in
substantially the following form:
Residual value is the value
of the leased vehicle at the end of the lease term, as estimated or assigned by
the lessor. The residual value is the amount you will have to pay if you decide
to buy this vehicle at the end of the lease term.
(h) Contains a term regarding early termination
in substantially the following form:
If you terminate this lease
before the end of the lease term, you will be responsible for the early
termination charge. The early termination charge is the amount you still owe on
the vehicle under the lease agreement, commonly referred to as the adjusted
lease balance, minus the vehicles current fair market value as estimated in
the then current version of the Kelley Blue Book or its equivalent.
(i) Contains a term regarding default charges in
substantially the following form:
If you default under the
terms of this agreement, you will be liable for the adjusted lease balance
described in paragraph (h) plus any actual costs incurred by the lessor to
repossess the vehicle, prepare it for disposition and dispose of it by sale or
other means minus the amounts received by the lessor from the disposition of
the vehicle and the cancellation of any optional product or service you
purchased as part of this agreement.
2. Before a lessor who is a dealer obtains
the signature of a lessee on a consumer vehicle lease for a used vehicle, the
lessor shall provide the lessee with the disclosures set forth in this
subsection. The disclosures must:
(a) Identify the vehicle and identify and itemize
any other goods or services included in the lease and, if the lease provides
for the sale of goods or services, identify and itemize the goods sold or to be
sold or services furnished or rendered or to be furnished or rendered and the
price of the vehicle and each other item of goods or services.
(b) Be provided to the lessee before he or she
signs the lease agreement, in a form the lessee can keep.
(c) Contain the signature of the lessee and any
other party obligated by the terms of the lease agreement.
(d) Contain a notice that default on the part of
the lessee is only enforceable to the extent that:
(1) The lessee fails to make a payment as
required by the lease agreement, but in no case less than 30 days after the
date required by the lease agreement; or
(2) The prospect of payment, performance
or realization of collateral is significantly impaired. The burden of
establishing the prospect of significant impairment is on the lessor.
(e) Provide to the lessee the following notices
in both English and Spanish in at least 14-point bold type:
NOTICE
TO LESSEE
THIS
IS NOT A SALES CONTRACT
THIS IS A LEASE. YOU ARE NOT
BUYING THIS CAR. YOU WILL NOT OWN IT AT THE END OF THE CONTRACT TERM WITHOUT
PAYING ADDITIONAL MONEY.
ESTE ES UN CONTRATO DE
ARRENDAMIENTO. NO VAS A COMPRAR ESTE AUTO. USTED NO SER DUEO AL FINAL DEL
CONTRATO CON EL PAGO DE DINERO ADICIONAL.
NOTICE
TO LESSEE
READ
EVERYTHING CAREFULLY
Do not sign the agreement
provided by the lessor before you read it or if it contains any blank spaces.
You are entitled to a completed copy of the agreement. If there are oral
promises not included in the written agreement, the written agreement will
prevail. If you fail to perform your obligations under the agreement, the
vehicle may be repossessed and you may be liable for the unpaid indebtedness
evidenced by the agreement.
NOTICE
TO LESSEE
THERE
IS NO COOLING-OFF PERIOD
Nevada law does not provide
for a cooling-off or other cancellation period for vehicle leases. Therefore,
you cannot later cancel the lease simply because you change your mind, decide
the vehicle costs too much, or wish you had acquired a different vehicle. You
may cancel the lease only with the agreement of the lessor or for legal cause,
such as fraud.
3. If a lessor who is a dealer fails to
obtain the signature of a lessee on the disclosures required by subsection 2
before obtaining the signature of the lessee on a consumer vehicle lease for a
used vehicle, the consumer vehicle lease shall be deemed a retail installment
contract for the sale of the vehicle.
4. If a consumer vehicle lease for a used
vehicle includes a provision that conflicts with a provision of this section,
the provision of this section will control.
5. As used in this section:
(a) Retail installment contract has the meaning
ascribed to it in NRS 97.105 .
(b) Used vehicle has the meaning ascribed to it
in NRS 482.132 .

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