Do I Need to Disclose Everything When Selling My Las Vegas Home?

by Ryan Rose

Short answer? Yes. Long answer? Also yes, but let me explain why hiding things is a terrible idea anyway.

Nevada is a "buyer beware" state, but that doesn't mean you can stay silent about problems you know exist. The law requires sellers to disclose known material defects. And honestly, even if the law didn't require it, you'd still want to. Here's why.

What You Must Disclose

Material defects are issues that affect the property's value or desirability. Think:

Structural issues. Foundation cracks, settling, framing problems.

Water intrusion. Past or current leaks, flood damage, moisture problems.

System failures. HVAC issues, plumbing problems, electrical concerns.

Roof condition. Leaks, age, repairs needed.

Pest history. Termites, scorpions, rodents. Yes, even past infestations.

HOA violations. Unresolved issues with your homeowner's association.

Permits. Work done without permits or open permits that were never closed.

Deaths. Nevada requires disclosure of deaths on the property within three years, except from natural causes.

If you know about it and it would matter to a reasonable buyer, disclose it.

The "I Didn't Know" Defense

Here's the key word: known. You're disclosing what you actually know about. If your sewer line is about to collapse but you genuinely have no idea, you're not hiding anything.

But be careful. "I didn't know" only works if it's actually true. If your neighbor told you about the foundation crack five years ago and you conveniently forgot, that's not going to hold up.

The seller disclosure form asks specific questions. Answer honestly. If you're not sure about something, say so. "Unknown" is a legitimate answer. Lying is not.

Why Hiding Problems Backfires

Let's say you don't disclose that aging HVAC unit that's been acting up. The buyer's inspector finds it anyway. Now you look shady. The buyer wonders what else you're hiding. Negotiations get hostile. Maybe the deal falls apart entirely.

Or worse. The sale closes, the AC dies six months later, and the buyer finds your disclosure form where you checked "no known issues." Now you're looking at a lawsuit. Legal fees. Potential damages. All because you didn't want to mention a $6,000 problem.

Not worth it. Ever.

Disclosure Doesn't Mean You Can't Sell

Here's what sellers don't realize. Disclosing problems doesn't kill deals. It just affects price.

Buyers expect homes to have issues. Especially older homes. They're not shocked to learn the roof is 18 years old or the water heater is original. They just want to know what they're buying.

When you disclose upfront, buyers can factor it into their offer. They might ask for a credit. They might negotiate the price down slightly. But they're making an informed decision. That leads to smoother transactions and fewer surprises.

Surprises kill deals. Honesty doesn't.

What You Don't Have to Disclose

Some things are off-limits or simply not required:

HIV/AIDS status of occupants. Protected by law.

Sex offender proximity. Not required, and buyers can look this up themselves.

Natural deaths. Deaths from natural causes don't require disclosure in Nevada.

Neighborhood drama. Your annoying neighbor isn't a material defect, even if they really are the worst.

The Bottom Line

Disclose what you know. Be honest on the form. Don't try to hide things that will come out anyway. It protects you legally and makes for smoother transactions.

Worried about how to handle a specific disclosure issue? Let's talk through it. There's usually a smart way to address problems without tanking your sale.

Frequently Asked Questions About Disclosure Requirements When Selling a Las Vegas Home

Q1: What is considered a "material defect" that I must disclose?

A material defect is any issue that significantly affects the property's value or desirability. This includes structural problems, water damage, system failures (HVAC, plumbing, electrical), roof issues, pest history, HOA violations, unpermitted work, and deaths on the property within three years (except from natural causes). If it would matter to a reasonable buyer and you know about it, you must disclose it.

Q2: Can I be sued if I didn't know about a problem?

Nevada law requires you to disclose only what you actually know about. If you genuinely didn't know about an issue, you typically can't be held liable. However, "I didn't know" only works if it's actually true. If you were previously informed about a problem or should have reasonably known about it, claiming ignorance won't protect you from legal consequences.

Q3: Will disclosing problems prevent me from selling my home?

No. Disclosure doesn't kill deals—it just affects price and negotiation. Buyers expect homes to have issues, especially older properties. When you disclose upfront, buyers can make informed decisions and factor problems into their offers. They might request a credit or negotiate the price, but honest disclosure leads to smoother transactions with fewer surprises that could derail the sale.

Q4: Do I have to disclose water damage that happened years ago and was repaired?

Yes. Even if water damage was repaired, you must disclose the history. Buyers have the right to know about past water intrusion, flood damage, or moisture problems. This allows them to assess whether repairs were done properly and if there's potential for recurring issues. Hiding past water damage can lead to legal problems if discovered after the sale.

Q5: What if I completed home improvements without permits?

Unpermitted work must be disclosed. This includes any renovations, additions, or modifications done without proper permits, as well as open permits that were never closed. Buyers need to know about this because unpermitted work can affect property value, insurability, and future sale potential. It's better to disclose and address the issue than face legal complications later.

Q6: Are there things I'm NOT required to disclose?

Yes. Nevada law protects certain information from required disclosure, including the HIV/AIDS status of occupants, proximity to sex offenders (which buyers can research themselves), deaths from natural causes, and neighborhood issues or annoying neighbors that don't constitute material defects. However, anything that materially affects the property itself must be disclosed.

Q7: What should I do if I'm unsure whether something needs to be disclosed?

When in doubt, disclose. If you're uncertain about an issue, marking it as "unknown" on the disclosure form is acceptable and honest. It's always better to over-disclose than to withhold information. Consider consulting with a real estate professional who can help you navigate specific disclosure concerns and ensure you're meeting all legal requirements while protecting yourself from future liability.

Q8: What happens if the buyer's inspector finds something I didn't disclose?

If an inspector discovers an undisclosed issue, it damages your credibility and makes buyers suspicious about what else you might be hiding. This can lead to hostile negotiations, deal cancellations, or legal action if the sale proceeds and problems emerge later. Even if you claim you didn't know, proving that can be difficult, especially if the issue should have been obvious or you were previously informed about it.