90.680 - Offer of rescission and settlement. - Nevada Statutes

90.680  Offer of rescission and settlement.

      1.  Relief may not be obtained under subsection 1 of NRS 90.660 if, before suit is commenced, the purchaser:

      (a) Receives a written offer:

             (1) Stating the respect in which liability under NRS 90.660 may have arisen and fairly advising the purchaser of the purchaser’s rights of rescission;

             (2) If the basis for relief under subsection 1 of NRS 90.660 is a violation of subsection 2 of NRS 90.570, including financial and other information necessary to correct all material misstatements or omissions in the information which was required by this chapter to be furnished to the purchaser as of the time of the sale of the security to the purchaser;

             (3) Offering to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid, plus interest at the legal rate of this State from the date of payment, less income received thereon, or, if the purchaser no longer owns the security, offering to pay the purchaser upon acceptance of the offer an amount in cash equal to the damages computed under subsection 1 of NRS 90.660 plus attorney’s fees; and

             (4) Stating that the offer may be accepted by the purchaser at any time within a specified period of not less than 30 days after the date of its receipt by the purchaser or such shorter or longer time as the Administrator by order prescribes; and

      (b) Fails to accept the offer in writing within the period specified under subparagraph (4) of paragraph (a).

      2.  The Administrator by regulation may prescribe the form in which the information specified in subsection 1 must be contained in an offer made under subsection 1.

      3.  An offer under subsection 1 must be delivered to the offeree or sent in a manner which assures actual receipt by the offeree.

      4.  If, after acceptance, a rescission offer is not performed in accordance with either its terms or this section, the offeree may obtain relief under NRS 90.660 without regard to this section.

      (Added to NRS by 1987, 2183; A 1989, 160)