What Do Nevada Home Sellers Have to Disclose?

Nevada home sellers must disclose every defect they know about that hurts the home's value or use. They do it on the state's Seller's Real Property Disclosure form, and the buyer must get it at least 10 days before closing under NRS 113.130. Sellers do not have to report problems they do not know about, but hiding a known defect can cost them triple the repair bill.

I'm Ryan Rose | Real Broker, LLC, a Las Vegas listing agent. Here is what the form covers and where sellers get tripped up.

What Does Nevada Law Require Sellers to Disclose?

NRS chapter 113 defines a defect as "a condition that materially affects the value or use of residential property in an adverse manner" (NRS 113.100). It covers homes with one to four units.

The seller must fill out the form personally. Under NRS 113.130, the seller's agent is not allowed to complete it for the seller. A buyer cannot waive the form, and a seller cannot ask a buyer to waive it.

If the seller finds a new defect after giving the form, or an old one gets worse, the seller must tell the buyer in writing before closing. If the seller will not fix it, the buyer can cancel or close and accept the home as is.

What Is on the Nevada Seller Disclosure Form?

The Nevada Real Estate Division publishes the form (Form 547, revised June 2023). It asks the seller about:

• Systems like electrical, plumbing, sewer, heating and cooling, plus appliances and the water heater
• Moisture, water damage, structural problems, and work done without permits
• Soil and foundation movement, plus drainage and flood plain status
• The roof and any pool or spa
• Pests and mold, plus hazards like asbestos or radon
• HOA details, including fees, unpaid assessments, and any lawsuits
• Solar panels, and whether they are owned, leased, or financed
• Any other condition that hurts the home's value or use

Homes built before 1978 need more. The EPA requires sellers to give the lead pamphlet, disclose any known lead paint, and give buyers a 10 day chance to test unless they agree otherwise.

What Do Sellers Not Have to Disclose?

NRS 113.140 says a seller does not have to disclose a defect they are not aware of. The form is not a warranty. Buyers still have a duty to protect themselves, which is why a home inspection matters.

Some facts are not material by law. Under NRS 40.770, the fact that a home was the site of a death or most felonies does not have to be disclosed. The exceptions are a death caused by a condition of the property and a meth lab that was not cleaned up.

Some sales are exempt from the form. These include foreclosures, sales between family members or joint owners, and the first sale of a home built by a licensed contractor. New homes carry their own notices under NRS 113.135.

What Happens If a Seller Hides a Defect?

If the seller never serves the form, the buyer can cancel any time before closing with no penalty (NRS 113.150). If a known defect was left out, the buyer can sue for three times the cost to repair it, plus court costs and attorney fees.

When in doubt, disclose it. A small note on the form is cheaper than a lawsuit. If you are getting ready to sell, contact Ryan Rose or call 702-747-5921 and we can go through the form together.

Quick Answers

Does a Nevada seller have to disclose a past roof leak?

If it was water damage the seller knows about, the form asks about it directly. Disclose it along with any repairs.

Can I sell my Las Vegas home as is?

Yes, but as is does not remove the duty to fill out the form.

How long does a buyer have to sue?

Under NRS 113.150, one year after the buyer discovers the defect or two years after closing, whichever is later.

Is this legal advice?

No. Talk with a Nevada real estate attorney about your own situation.

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Source: NRS Chapter 113: Sales of Real Property, Nevada Real Estate Division: Seller's Real Property Disclosure Form 547, NRS 40.770, EPA: Real Estate Disclosures About Lead Hazards