The Nevada Seller Disclosure, Explained
What you have to tell a buyer, when you have to tell them, and why the instinct to leave something off is the most expensive instinct in real estate.
What the Form Asks You
The standard is defects you know about.
Nevada requires a seller of residential property to give the buyer a completed Seller’s Real Property Disclosure form covering conditions and defects the seller is aware of. It is a disclosure of knowledge, not a warranty and not an inspection.
The form walks through the systems and structures of the home and asks whether you are aware of any defect in each. You answer honestly based on what you actually know.
Nevada also has specific disclosure requirements that go beyond the form, including notice about nearby airport noise zones and about open range or certain adjacent land uses in some areas. Your listing agent should walk you through which apply to your property.
When It Has to Be Delivered
Late delivery gives the buyer rights you do not want to hand over.
Nevada law requires the seller to deliver the completed disclosure to the buyer at least 10 days before the property is conveyed. In practice it should go out early in escrow, not the week of closing.
Just as important: if you learn about a new defect after you have delivered the form, you have an obligation to inform the buyer. A roof leak that appears during escrow does not become the buyer’s surprise at move in.
Deliver early, in writing, and keep proof. A signed acknowledgment with a date on it is worth a great deal if anyone ever questions what the buyer knew and when.
Who Is Exempt
Fewer sellers than most people assume.
Nevada exempts certain transfers from the disclosure requirement, generally including transfers between co owners, transfers to a spouse or close relative, some court ordered and foreclosure related transfers, and certain transactions where the seller has never occupied the property.
An exemption is narrow and specific. If you think one applies to you, confirm it with a Nevada real estate attorney rather than assuming, because getting this wrong is expensive.
Even when exempt, you cannot lie. An exemption from completing the form is not a license to conceal a known defect. Fraud and misrepresentation claims exist independently of the disclosure statute.
If You Are the Buyer
Read it next to the inspection report, not instead of it.
Compare it to the inspection
An inspector finding something the seller marked as no known defect is worth a conversation. Sometimes it is innocent. Sometimes it is not.
Watch for repairs without permits
A disclosed repair with no permit record is a thread worth pulling before your contingency ends.
Note what the seller does not know
An investor who never lived in the home genuinely may not know much. That raises the value of your own inspections.
Ask follow up questions in writing
Verbal answers evaporate. A written question and a written answer become part of the record.
The disclosure is not a substitute for inspecting. It tells you what the seller knows, which is not the same as what is true. See my guide to home inspections in Las Vegas.
Disclose it. Every single time. The thing you were tempted to leave off the form is the thing that shows up in a lawyer’s letter eighteen months later.
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Common Questions
Tap any one to open it.
What is the Nevada seller disclosure form?
It is the Seller’s Real Property Disclosure, commonly called the SRPD, required under Nevada law for most residential sales. The seller completes it to disclose conditions and defects they are aware of across the home’s systems and structure. It reflects the seller’s knowledge rather than serving as a warranty or an inspection.
When does the seller have to provide it?
Nevada requires delivery at least 10 days before the property is conveyed. Good practice is to deliver it early in escrow so the buyer has it alongside their inspection period. If a new defect comes to light after delivery, the seller has a duty to inform the buyer of it.
What happens if a seller does not disclose a known defect?
The seller can face real legal exposure, including liability for the buyer’s damages, and depending on the circumstances a court can award more than the repair cost. Concealment claims also exist separately from the statute. This is one area where the cautious answer is always the right one: disclose it.
Do I have to disclose repairs I already made?
Yes, disclose the condition and the repair. A properly repaired issue that was disclosed rarely kills a deal. The same issue discovered later by a buyer who was never told about it very often does, and it can follow you after closing. Include permit records if you have them.
Who is exempt from the Nevada disclosure requirement?
Nevada exempts certain transfers, generally including some between co owners or close relatives, certain court ordered or foreclosure related transfers, and some situations where the seller never occupied the property. The exemptions are narrow. Confirm with a Nevada real estate attorney rather than assuming one applies to you.
Does a seller have to disclose a death in the home?
Nevada law addresses this specifically, and the treatment of deaths on a property differs from the treatment of physical defects. If it comes up in your transaction, ask your agent and, where it matters to you, a Nevada attorney. I am a Realtor, not a lawyer, and this is one to get right rather than guess at.
Selling in Las Vegas?
Disclosure is where sellers create problems for themselves months after closing. Let’s fill it out properly the first time.
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Lori Ballen
I’ve lived in Las Vegas since I was five years old and I am a Realtor, not an attorney. For anything genuinely legal, get a Nevada real estate lawyer. For everything else, email me at lori@loriballen.com.
702-604-7739