Tendering Money When Futile

by R. Christopher Reade on Apr. 02, 2020

Bankruptcy & Debt Collection Bankruptcy & Debt  Credit & Debt Business  Contract 

Summary: A tender must be immediately available money but does not have to be made if futile.

Questions arise under Nevada law regarding what constitutes a “tender” of a payment to satisfy an obligation. The Nevada Supreme Court has recently clarified that a promise to make a payment at a later date or once a certain condition has been satisfied cannot constitute a valid tender. However an actual tender is unnecessary where it is apparent the receiving party will not accept it; "the law does not require one to do a vain and futile thing." 7510 Perla Del Mar Ave Tr. v. Bank of Am., N.A., 458 P.3d 348 (Nev. 2020).

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