When selling a property in Nevada, sellers must comply with state-mandated disclosure laws to inform potential buyers of any known defects or issues with the property. Failure to provide accurate disclosures can result in legal disputes, financial penalties, and even the cancellation of a sale. If you’re selling a home or commercial property, it’s crucial to understand Nevada’s property disclosure requirements and how to protect yourself from liability.
At Baker Law Group, our experienced Las Vegas real estate lawyers help sellers navigate disclosure laws, ensuring compliance and preventing disputes. In this article, we outline what sellers must disclose, key legal requirements under Nevada Revised Statutes (NRS) Chapter 113, and how working with a real estate attorney can safeguard your interests.
Nevada’s Property Disclosure Laws: What You Need to Know
In Nevada, residential property sellers are required to complete and deliver a Seller’s Real Property Disclosure Form to potential buyers. This requirement is outlined in NRS 113.130, which mandates that sellers disclose all known material defects affecting the property.
A material defect is any condition that could negatively impact the property’s value or pose a safety risk to future occupants. These disclosures must be provided to the buyer at least 10 days before the transfer of property.
If a seller fails to disclose a known issue, the buyer has the legal right to terminate the purchase agreement before closing. In some cases, buyers may even sue for damages if they discover undisclosed defects after closing.
What Sellers in Nevada Must Disclose
1. Structural Defects and Property Damage
Sellers must disclose any significant structural issues, including:
- Foundation cracks or instability
- Roof damage or leaks
- Plumbing or electrical system problems
- Water damage or past flooding issues
Even if repairs have been made, sellers must fully disclose any prior damage that could affect the home’s long-term stability.
2. Water-Related Issues
Water damage is a common cause of real estate disputes. Sellers must disclose:
- Previous or ongoing leaks in the roof, walls, or basement
- Flooding history, including water intrusion from storms or plumbing failures
- Mold or mildew problems caused by water exposure
3. HVAC, Electrical, and Plumbing Systems
Buyers must be informed of any known defects, code violations, or repairs needed for major home systems, including:
- Heating and cooling (HVAC) system malfunctions
- Faulty electrical wiring or outdated panels
- Plumbing leaks, low water pressure, or sewer line issues
4. Pest Infestations
If the property has had termites, rodents, or other infestations, sellers must disclose this history. They should also inform buyers about any prior extermination treatments and any lingering pest-related damage.
5. Environmental and Safety Hazards
Nevada law requires disclosure of potential environmental risks, including:
- Asbestos or lead-based paint (required for homes built before 1978)
- Radon gas levels
- Contaminated soil or groundwater issues
- Nearby hazardous waste sites
6. HOA Rules and Fees
If the property is part of a homeowners’ association (HOA), the seller must provide details about:
- Monthly fees and special assessments
- HOA rules and restrictions
- Pending HOA lawsuits or disputes
This information helps buyers understand their obligations before purchasing a home in a regulated community.
What Happens If a Seller Fails to Disclose a Defect?
Failing to disclose known defects can lead to serious legal consequences for a seller. Under NRS 113.150, buyers have the right to rescind the sale before closing if they discover undisclosed issues.
If problems surface after closing, buyers may take legal action against the seller. They could file a lawsuit for fraud, misrepresentation, or breach of contract, seeking compensation for repairs or a reduction in the purchase price.
A Las Vegas real estate lawyer can help sellers avoid these costly disputes by ensuring that all required disclosures are made properly and in compliance with Nevada law.
How a Las Vegas Real Estate Lawyer Can Help
Navigating property disclosure laws can be complex, especially if you are unsure about what constitutes a material defect. At Baker Law Group, our Las Vegas real estate lawyers provide expert legal guidance to sellers, helping them:
✔ Understand their legal disclosure obligations under Nevada law
✔ Properly complete the Seller’s Real Property Disclosure Form
✔ Identify potential risks before listing a property for sale
✔ Defend against buyer claims in case of a dispute over disclosures
By working with an attorney, sellers can prevent legal trouble, protect their assets, and complete real estate transactions with confidence.
Contact a Las Vegas Real Estate Lawyer
Selling property in Nevada comes with important legal responsibilities—and failing to disclose known defects can lead to serious consequences. If you’re preparing to sell a residential or commercial property, consulting with a Las Vegas real estate lawyer can help you stay compliant with Nevada disclosure laws and protect you from potential lawsuits.
At Baker Law Group, we provide comprehensive legal support for real estate transactions, ensuring that sellers meet their disclosure obligations while minimizing liability risks. Contact us today to schedule a consultation and get expert legal guidance tailored to your specific situation.
