Nevada Seller Disclosure Requirements: What You Must Tell Buyers

by Ryan Rose

Nevada law requires sellers to disclose known material defects and conditions affecting property value—failure to disclose can result in lawsuits, rescinded sales, and significant liability, making proper disclosure both a legal requirement and practical protection. This guide explains what Nevada sellers must disclose.

The Seller's Real Property Disclosure Form

Nevada requires most residential sellers to complete a Seller's Real Property Disclosure Form. This multi-page document asks specific questions about the property's condition, systems, and known issues. Buyers must receive this disclosure before or upon making an offer. It becomes part of the transaction record.

What Must Be Disclosed

Structural Issues

Foundation problems, cracks, settling. Roof leaks or damage. Structural modifications. Any past or present issues with the home's structural integrity must be disclosed.

Water Damage and Moisture

Past or present water intrusion. Flooding history. Mold presence or remediation. Plumbing leaks and repairs. Any moisture-related issues, even if repaired, should be disclosed.

System Conditions

HVAC age, condition, known issues. Plumbing problems. Electrical issues. Water heater condition. Pool/spa equipment function. Garage door openers. Security systems. Disclose known problems with any system.

Environmental Hazards

Lead-based paint (federal requirement for pre-1978 homes). Asbestos presence. Radon testing results. Soil contamination. Proximity to hazardous sites. Any known environmental concerns.

Pest Issues

Termite history or treatment. Scorpion problems (common in Las Vegas). Rodent issues. Any past or present pest infestations and treatments.

Legal and Title Issues

Boundary disputes. Easements affecting property. Zoning violations. Unpermitted work. HOA violations or disputes. Any legal issues affecting the property.

Neighborhood Factors

Noise sources (airports, highways, commercial). Nuisances from neighbors. Planned developments that could affect property. Anything that might materially affect a buyer's decision.

Disclosure Exemptions

Some sellers are exempt from disclosure requirements: estate sales where executor never lived in home, foreclosure sales, court-ordered sales, transfers between family members. However, even exempt sellers cannot actively conceal known defects.

The "As-Is" Misconception

Selling "as-is" does NOT eliminate disclosure requirements. As-is means you won't make repairs—not that you can hide problems. You must still disclose known material defects even in as-is sales. Concealment creates liability regardless of sale terms.

What Happens If You Don't Disclose

Before closing: Buyer can rescind contract and recover earnest money. After closing: Buyer can sue for damages, repair costs, and potentially rescission of sale. Fraud claims: Intentional concealment can result in fraud liability with punitive damages.

Disclosure Best Practices

When in doubt, disclose: Over-disclosure protects you. Under-disclosure creates liability. Be specific: "Roof had leak in 2022, repaired by ABC Roofing" is better than "roof issue fixed." Provide documentation: Include repair receipts, contractor information, warranties. Don't speculate: Disclose what you know. If you don't know something, say so. Update if needed: If something changes or you remember an issue, provide amended disclosure.

The Bottom Line

Honest disclosure protects you legally and ethically. Most buyers understand homes have histories—what they can't accept is being deceived. Disclose known issues, provide documentation of repairs, and let buyers make informed decisions. I help sellers navigate disclosure requirements properly—reach out to discuss your specific situation.

Ready to find your Las Vegas home? Call or text Ryan Rose at 702-747-5921 for personalized guidance.

Frequently Asked Questions About Nevada Seller Disclosure Requirements

Q1: What is the Seller's Real Property Disclosure Form in Nevada?

The Seller's Real Property Disclosure Form is a mandatory multi-page document that Nevada residential sellers must complete. It asks specific questions about the property's condition, systems, and known issues. Buyers must receive this disclosure before or when making an offer, and it becomes part of the official transaction record.

Q2: Does selling a home "as-is" eliminate my disclosure requirements?

No. Selling "as-is" does NOT eliminate disclosure requirements. An as-is sale means you won't make repairs—not that you can hide problems. You must still disclose all known material defects even in as-is transactions. Concealment creates liability regardless of the sale terms.

Q3: What happens if I fail to disclose a known defect?

Before closing, buyers can rescind the contract and recover their earnest money. After closing, buyers can sue for damages, repair costs, and potentially rescission of the sale. If intentional concealment is proven, you may face fraud claims with punitive damages and significant financial liability.

Q4: What types of structural issues must I disclose?

You must disclose foundation problems, cracks, settling issues, roof leaks or damage, structural modifications, and any past or present problems with the home's structural integrity. This includes issues that have been repaired, as buyers have the right to know the property's complete history.

Q5: Do I need to disclose water damage that has been repaired?

Yes. You must disclose both past and present water intrusion, flooding history, mold presence or remediation, and plumbing leaks and repairs. Even if moisture-related issues have been properly repaired, they should be disclosed along with documentation of the repairs performed.

Q6: What environmental hazards require disclosure?

You must disclose lead-based paint (federal requirement for pre-1978 homes), asbestos presence, radon testing results, soil contamination, and proximity to hazardous sites. Any known environmental concerns that could affect property value or buyer health and safety must be revealed.

Q7: Are there any exemptions to Nevada's disclosure requirements?

Yes. Some sellers are exempt including estate sales where the executor never lived in the home, foreclosure sales, court-ordered sales, and transfers between family members. However, even exempt sellers cannot actively conceal known defects—exemption from the form doesn't permit fraud.

Q8: What pest issues should be disclosed in Nevada?

Disclose termite history or treatment, scorpion problems (particularly common in Las Vegas), rodent issues, and any past or present pest infestations and treatments. Include documentation of professional pest control services if available.

Q9: Do I have to disclose unpermitted work or HOA violations?

Yes. Legal and title issues requiring disclosure include boundary disputes, easements affecting the property, zoning violations, unpermitted work, and HOA violations or disputes. Any legal issues that could affect the buyer's ownership rights or future use of the property must be disclosed.

Q10: What if I don't know whether something is wrong with the property?

You're only required to disclose what you actually know. If you don't know something, say so on the disclosure form. Don't speculate or guess. However, if you suspect a problem exists, it's wise to investigate and disclose your findings rather than claiming ignorance that could later appear deliberate.

Q11: Should I disclose neighborhood factors like noise or nearby developments?

Yes. Disclose noise sources (airports, highways, commercial areas), nuisances from neighbors, planned developments that could affect the property, and anything that might materially affect a buyer's decision. These quality-of-life factors can significantly impact property value and buyer satisfaction.

Q12: What are best practices for completing disclosure forms?

When in doubt, disclose—over-disclosure protects you while under-disclosure creates liability. Be specific with details and dates. Provide documentation including repair receipts, contractor information, and warranties. Don't speculate beyond what you know. If you remember an issue after submission, provide an amended disclosure immediately.