Law Office of Hayes and Welsh

THE IMPLIED COVENANT  OF GOOD FAITH AND FAIR DEALING

The Nevada Supreme Court has recognized the implied covenant of good faith and fair dealing that attaches to contracts.  This covenant is explained in the 1991 decision in Hilton Hotels Corporation v. Butch Lewis Productions, Inc. 107 Nev. 226, 808 P.2d 919 (1991).  In its decision, the Court held:  “When one party performs a contract in a manner that is unfaithful to the purposes of the contract and the justified expectations of the other party are thus denied, damages may be awarded against the party who does not act in good faith.  Whether the controlling party’s actions fall outside the reasonable expectations of the dependent party is determined by the various factors and general circumstances.” (citations omitted)

QUIET TITLE

Many property owners find themselves in need of an attorney to handle a real estate quiet title action.  Quiet title is often needed at the time of selling or refinancing property.  It is at this time that as a result of a title search, old trust deeds, mortgages,  liens, easements, ownership issues,  etc. can be discovered that need to be removed from title through a court action.   Without quieting title, clean title insurance may not be available.     Hayes and Welsh is experienced in real estate quiet title actions.    We can also work with owners and their title companies to address title issues that can sometimes be resolved without filing a lawsuit.