Nevada Real Estate Disclosures: What Sellers Must Tell Buyers Under NRS 113

A couple purchased a home in Henderson, just off St. Rose Parkway near the Galleria at Sunset. Three months after closing, they noticed cracks spreading across the foundation and gaps widening between the walls and ceilings. A structural engineer confirmed the issue: the home had significant foundation settlement damage, a known problem in the clay-heavy soils of parts of Henderson and southeast Las Vegas. The sellers knew about the issue. They’d had it evaluated two years earlier and received a repair estimate of $45,000. They never disclosed it.

The buyers hired us. We filed suit. The sellers’ failure to disclose the foundation damage violated Nevada’s real property disclosure statute, and the evidence was clear.

I’m Evan Dotta, a partner at Mister Wolf, P.C. I handle real estate law disputes in Nevada, including disclosure violations, purchase agreement disputes, and property defect claims. Nevada’s disclosure requirements are more limited than California’s, but they’re still enforceable, and sellers who ignore them pay for it. This post explains exactly what Nevada law requires sellers to disclose, what happens when they don’t, and what buyers should do to protect themselves.

What Does NRS 113.130 Require Sellers to Disclose?

The Disclosure Form

NRS 113.130 requires the seller of residential property to complete and serve a Seller’s Real Property Disclosure Form at least 10 days before the property is conveyed. The statute applies to Nevada residential property with one to four dwelling units. NRS 113.100 defines “residential property” that way, so a duplex, triplex, or fourplex can fall within the rule.

The disclosure form covers:

• Structural components (foundation, roof, walls, floors)
• Plumbing, electrical, heating, cooling systems
• Water supply and sewage
• Environmental hazards (lead paint, asbestos, mold, radon)
• Property boundaries and easements
• Zoning restrictions and violations
• HOA information
• Known material defects or conditions affecting value

The seller must answer each question on the form honestly based on actual knowledge. NRS 113.140 says a seller doesn’t have to disclose a defect the seller is not aware of, and the form is not a warranty. A seller is not required to hire an inspector to find defects. But a seller who knows about a problem and checks “no” or “unknown” on the disclosure form has created a disclosure problem that can become fraud, misrepresentation, or breach of contract litigation.

What “Knowledge” Means

Nevada courts interpret seller knowledge broadly. If the seller received a repair estimate for foundation damage (like the Henderson case I described), they know about the condition. If the seller repaired a roof leak and the repair didn’t hold, they know about the ongoing water intrusion. If a neighbor told the seller about flooding in the backyard during monsoon season, the seller has knowledge.

Knowledge doesn’t require a formal inspection report. It requires awareness. Courts in the Eighth Judicial District have rejected seller claims of ignorance when written contractor estimates exist.

What Specific Disclosures Are Required Beyond the Standard Form?

Environmental Hazards

Under federal law, sellers of homes built before 1978 must disclose known lead-based paint hazards (42 U.S.C. Section 4852d). This applies in Nevada just as it does everywhere in the United States. The seller must provide the buyer with a federally approved pamphlet about lead paint hazards, disclose any known lead paint conditions, and provide any available lead paint inspection reports.

Nevada also requires disclosure of known asbestos, radon, and methane hazards. In the Las Vegas Valley, homes built on or near former landfill sites face documented methane gas migration. The Southern Nevada Health District has identified specific areas requiring methane testing.

Water Rights

In Nevada, water rights are separate from land ownership. A property may have appurtenant water rights (rights that come with the land), or the seller may hold water rights that are not automatically included in the sale. NRS 113.130 requires sellers to disclose information about the property’s water supply, including the source of water, any water rights associated with the property, and any known water quality issues.

Water rights matter most for properties outside the Las Vegas Valley: Pahrump, Mesquite, and communities along Highway 93 and 95. Buyers with wells or irrigation should verify rights independently through the Nevada Division of Water Resources.

HOA Information

For properties in common-interest communities (most residential developments in Las Vegas, Henderson, and North Las Vegas), sellers must disclose HOA membership, assessments, pending special assessments, and violations or fines. Under NRS 116.4109, the HOA resale package goes to the buyer with a five-day cancellation right.

Common-interest communities dominate newer Las Vegas Valley subdivisions. Getting the full resale package isn’t optional; it’s required, and pending special assessments can turn an affordable closing into a costly surprise. We cover assessment fights in more detail in our guide to Nevada HOA special assessments.

Request the resale package when your offer is accepted. Check it for pending special assessments, reserve fund adequacy, and any HOA litigation.

What Is the Buyer’s Right to Rescind Under NRS 113?

Before Closing

NRS 113.150 gives buyers rescission rights before conveyance when the seller fails to serve the completed disclosure form as required. If the form or a later written notice reveals a defect before closing and the purchase agreement does not already limit repair or replacement costs for that defect, the buyer can rescind before conveyance or close escrow and accept the property as disclosed.

The key deadline is closing. Once escrow closes, the statutory rescission remedy is usually gone, and the dispute shifts to damages, fraud, or contract remedies.

If you get a disclosure form with unexpected conditions, don’t wait. Consult an attorney or inspector right away, and send any rescission or repair demand in writing before closing.

What Rescission Means

Rescission returns both parties to their pre-contract position. Buyer gets the deposit back. Seller keeps the property. No claims against either party from rescission alone.

If a buyer discovers a violation after the window closes, rescission through fraud or misrepresentation is possible but requires litigation.

Which Transactions Are Exempt from Nevada’s Disclosure Requirements?

Statutory Exemptions

NRS 113.120 lists transactions that are exempt from the disclosure requirement:

• Sales by a financial institution that acquired the property through foreclosure
• Sales by a government agency
• Sales in connection with eminent domain
• Sales of new construction (builder warranties apply instead)
• Court-ordered sales (probate, divorce, bankruptcy)
• Sales between co-owners
• Sales to a spouse or direct family member

For foreclosure sales, the exemption exists because the lender typically has never occupied the property and has no personal knowledge of its condition. The same logic applies to government sales and court-ordered sales.

New Construction

New homes are exempt from the NRS 113 disclosure requirement, but builders must provide warranties under NRS 116B and NRS 40.600. Buyers of new construction in Las Vegas’s master-planned communities (Summerlin, Inspirada, Cadence, Skye Canyon) should review the builder’s warranty documents carefully. The warranty typically covers structural defects for 10 years, mechanical systems for 2 years, and cosmetic issues for 1 year, but the specific terms vary by builder.

What Are the Penalties for Failing to Disclose in Nevada?

Civil Liability

A seller who fails to disclose a known defect is liable for repair costs, diminution in value, and consequential damages like temporary housing.

If the seller intentionally hid the defect, punitive damages are available. NRS 42.005 requires clear and convincing evidence of oppression, fraud, or malice.

Statute of Limitations

NRS 11.190(3)(d) allows three years from discovery for fraud claims. The clock starts when the buyer discovers the defect, not at purchase.

If you’ve found an undisclosed defect, check the timeline with an attorney.

How Do Nevada’s Disclosures Compare to California’s?

California’s More Extensive Requirements

California requires Transfer Disclosure Statements (TDS) and Natural Hazard Disclosure Statements (NHD) with specific disclosures on earthquake zones, flood zones, fire hazard zones, and environmental contamination.

Nevada’s form is shorter and less detailed. Nevada doesn’t require a separate natural hazard disclosure or require sellers to hire disclosure companies for hazard zone research.

Practical Differences

California buyers get thick packets, often 50+ pages with local disclosures, HOA docs, and hazard reports. Nevada buyers get shorter forms (usually under 10 pages) relying heavily on seller self-reporting.

This means Nevada buyers need to do more legwork. Hire an inspector. Research permit history with the Clark County or city building department. Check FEMA flood maps. Review title reports for easements.

If you’re used to California’s process, reset your expectations. Get an independent inspection, compare Nevada’s rules to our Nevada vs. California real estate law guide, and don’t skip the title and permit review.

What Should Nevada Buyers Do to Protect Themselves?

Before Making an Offer

Request the disclosure form before submitting an offer. Ideally it comes before your offer (though in practice it often comes after). Having it upfront lets you factor disclosed conditions into your price.

During the Inspection Period

Hire a licensed inspector. Watch for:

• Foundation cracks and settlement (common in Henderson, North Las Vegas, and expansive soil areas)
• Roof UV damage (accelerated in desert climate)
• HVAC wear (AC units work harder in Las Vegas heat)
• Pool deterioration (desert heat is rough on equipment)
• Solar lease obligations (they transfer to the buyer)

Undisclosed conditions in the inspection give you negotiating power and legal claims. Document gaps between the disclosure form and your inspection.

After Closing

If you find an undisclosed defect after closing, save everything: the disclosure form, inspection report, all communications with the seller and agent, repair estimates, contractor reports.

Contact a Nevada real estate lawyer right away. Proving the seller knew and didn’t disclose gets harder over time; memories fade, documents disappear.

We handle disclosure violations for Nevada buyers in Clark County and the District of Nevada. If you bought in Las Vegas, Henderson, North Las Vegas, or elsewhere in Southern Nevada and found an undisclosed condition, bring your closing documents, disclosure form, and inspection reports. The seller’s duty to disclose didn’t end at closing, and neither do your rights.