When you’re buying or selling property in Las Vegas, you’re not just dealing with market trends and location—you’re also navigating a complex set of legal requirements. One of the most critical obligations in a real estate transaction is the seller’s duty to disclose. Understanding Nevada’s real estate disclosure laws can help protect you from legal disputes and financial losses down the road.
Whether you’re a buyer looking for transparency or a seller trying to comply with the law, a Las Vegas real estate lawyer can provide the legal guidance you need to move forward with confidence.
What Is a Real Estate Disclosure?
A real estate disclosure is a formal document in which the seller informs the buyer of known problems with the property. In Nevada, sellers are required to disclose any material facts that could affect the property’s value or a buyer’s decision to purchase. This requirement is codified under NRS Chapter 113, which outlines specific obligations for sellers of residential property.
These disclosures must be made in good faith and delivered at least 10 days before the property sale closes. If the buyer receives the disclosure and doesn’t like what they see, they have the legal right to cancel the transaction within five days of receipt.
What Must Be Disclosed in Nevada?
Nevada requires sellers to disclose known defects and adverse conditions, including:
- Water damage or mold
- Roof leaks or damage
- Structural issues or foundation cracks
- Plumbing, electrical, or HVAC problems
- Pest infestations
- Title or boundary disputes
- Code violations or zoning issues
- Any environmental hazards (such as radon or asbestos)
- Issues with homeowners associations (HOAs)
It’s important to note that sellers are not required to hire inspectors or uncover hidden defects—they only need to disclose what they already know.
If you’re unsure what needs to be included, a Las Vegas real estate lawyer can review your situation and help prepare an accurate disclosure to minimize risk.
What Happens If a Seller Fails to Disclose?
Failing to make proper disclosures can lead to serious legal consequences in Nevada. A buyer may file a lawsuit for:
- Fraud or misrepresentation
- Breach of contract
- Negligence
- Rescission (canceling the transaction)
If the buyer proves the seller knew about an issue and failed to disclose it, the court may award damages for repair costs, diminished property value, or even emotional distress in some cases.
In extreme situations, a seller could be responsible for treble damages (three times the actual loss) if willful concealment is proven. The best way to avoid these issues is by working with a seasoned Las Vegas real estate lawyer who can ensure compliance with all state disclosure laws.
Do Buyers Have Any Disclosure Duties?
While the primary burden of disclosure lies with the seller, buyers also have a duty to act in good faith and conduct their own due diligence. This usually includes:
- Reviewing the seller’s disclosure form
- Conducting a home inspection
- Investigating any red flags (like previous renovations or code violations)
- Asking follow-up questions
If a buyer knowingly ignores signs of damage or skips the inspection, their ability to sue the seller later may be limited. A buyer can also consult with a Las Vegas real estate lawyer to understand their rights and how to respond to questionable or incomplete disclosures.
Disclosure Requirements in New Home Sales
Nevada law treats new home construction slightly differently. Builders are required to provide buyers with:
- A Public Offering Statement for homes in common-interest communities
- A construction defect disclosure as part of the sales process
- Details about any warranties or builder liabilities
Buyers of new homes often assume they’re protected from defects, but not all issues are visible at the time of sale. Legal review of new construction documents by a real estate attorney can help ensure you understand what’s covered—and what isn’t.
Are There Exceptions to the Disclosure Rules?
Yes. Some property transfers are exempt from Nevada’s general disclosure laws, including:
- Transfers between spouses or family members
- Court-ordered transfers (e.g., probate or bankruptcy)
- Foreclosures or deeds in lieu of foreclosure
- Transfers by government entities
Even in these scenarios, though, some disclosures may still be required depending on the type of property and transaction. If you’re unsure whether disclosure laws apply to your sale or purchase, a Las Vegas real estate lawyer can assess your situation and explain your obligations.
How a Las Vegas Real Estate Lawyer Can Help
Navigating disclosure laws on your own can be overwhelming, especially if your transaction involves complex property conditions, investment properties, or disputes with buyers or neighbors. A skilled Las Vegas real estate lawyer can help by:
- Reviewing your seller’s disclosure form
- Identifying risks or gaps in disclosure
- Advising on how to handle known property defects
- Representing you if a dispute or lawsuit arises
- Helping buyers understand their rights during the inspection and due diligence process
For sellers, legal help can protect you from future liability. For buyers, it can ensure you’re not stepping into a money pit disguised as a dream home.
Final Thoughts
Nevada’s real estate disclosure laws are designed to protect both parties in a property transaction by promoting transparency and fairness. But missing a single disclosure or failing to respond properly to one can turn a simple real estate deal into a legal battle.
Whether you’re buying, selling, or investing in residential property, it’s smart to speak with a Las Vegas real estate lawyer early in the process. A legal professional can help you stay compliant, spot red flags, and protect your interests—so you can close the deal with peace of mind.
