What Las Vegas Home Sellers Must Legally Disclose

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Selling a home comes with legal obligations. You can't just pretend problems don't exist. Nevada requires sellers to disclose known material defects that could affect a buyer's decision.

Here's what you need to know.

The Seller's Real Property Disclosure Form

Nevada law (NRS 113.130) requires residential sellers to provide a written disclosure form. This standardized document asks about the property's condition and any known issues.

You'll answer questions about:

• Structural components (foundation, roof, walls)
• Mechanical systems (HVAC, plumbing, electrical)
• Water damage and flooding history
• Pest infestations (termites, rodents)
• Environmental hazards (lead paint, asbestos, mold)
• Zoning and permit issues
• HOA information
• Neighborhood nuisances
• Deaths on the property

You must answer honestly based on your actual knowledge.

What "Known" Means

You're required to disclose what you actually know. You're not required to investigate or discover problems you're unaware of.

However:

Willful ignorance doesn't protect you. If you actively avoid learning about obvious problems to claim ignorance, that's still a problem.

Once you know, you must disclose. If your pre-listing inspection reveals issues, you can't unknow them. They must be disclosed.

Honesty is your protection. Disclose what you know. Let buyers make informed decisions.

Specific Disclosure Requirements

Lead-based paint. Federal law requires disclosure of known lead-based paint hazards for homes built before 1978. You must provide a specific EPA pamphlet and give buyers 10 days to conduct testing.

Deaths. Nevada requires disclosure of deaths on the property within the past 3 years, unless the death was from natural causes, suicide, or AIDS-related illness.

Sex offenders. You're not required to disclose registered sex offenders in the area, but buyers can check the registry themselves.

HOA issues. Disclose any pending litigation, special assessments, or rule violations involving the HOA.

Permit issues. If you know work was done without proper permits, disclose it.

Common Items to Disclose

Beyond major defects, consider disclosing:

• Past water damage (even if repaired)
• Previous flooding or drainage issues
• Foundation repairs or settling
• Roof age and any repairs
• HVAC age and condition issues
• Plumbing problems (past or present)
• Electrical issues
• Pest treatment history
• Neighborhood issues (noise, odors, disputes)
• Easements or encroachments

What Happens If You Don't Disclose

Failing to disclose known material defects can result in:

Deal falling apart. If issues surface during inspection that should have been disclosed, buyers lose trust and often cancel.

Post-closing lawsuits. Buyers who discover undisclosed defects after closing can sue for damages. You could be liable for repair costs plus legal fees.

Fraud claims. Intentionally hiding significant defects could constitute fraud, with serious legal and financial consequences.

As-Is Sales Don't Eliminate Disclosure

Selling as-is doesn't remove your disclosure obligations. As-is means you won't make repairs, not that you can hide problems. You still must disclose known defects.

When in Doubt, Disclose

The safest approach: if you're wondering whether to disclose something, disclose it. It's better to over-disclose than face legal problems later.

Minor items disclosed upfront rarely kill deals. Hidden problems discovered later destroy trust and transactions.

The Bottom Line

Nevada law requires honest disclosure of known material defects. Complete your disclosure form truthfully, err on the side of more disclosure, and protect yourself from future liability. Transparency builds buyer trust and smoother transactions.

Questions about what to disclose when selling your Las Vegas home? Let's review your situation.