Unless the lease agreement with an option to purchase provides otherwise:
1. In addition to any penalty imposed pursuant to NRS 597.100, the lessor or his or her assignee is liable, except as otherwise provided in subsection 3, in civil suit to the customer for an amount equal to the actual damages resulting from a violation of a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of the total cost to acquire ownership of the property under the lease agreement, whichever amount is greater. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.
2. If the lessor commences a civil suit to enforce such a lease agreement, the customer may set off or counterclaim damages in the amount specified in subsection 1 for such a violation.
3. Such a civil penalty may not be imposed upon a lessor or his or her assignee unless:
(a) The customer has notified the lessor or, if applicable, his or her assignee in writing of the alleged violation; and
(b) The lessor or assignee does not correct the violation, if any, within 30 days after receiving the notice.
(Added to NRS by 1991, 519)
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