Nevada Seller Disclosure Requirements: What Home Sellers Must Reveal

Yes. NRS 113.130 makes the seller of a home with one to four dwelling units fill out the Real Estate Division’s Seller’s Real Property Disclosure Form and serve it at least 10 days before the property is conveyed. If the form is not served as NRS 113.130 requires, the buyer may rescind without penalty at any time before conveyance.

NRS 113.130 and Form 547: who fills it in, and by when

The duty covers “residential property,” which NRS 113.100 defines as land in Nevada “to which is affixed not less than one nor more than four dwelling units.” A five-unit building or a vacant lot falls outside it. A “defect” is “a condition that materially affects the value or use of residential property in an adverse manner.”

The statute splits the work. The seller completes the form; the seller or the seller’s agent serves it on the buyer or the buyer’s agent. Agents are shut out of the first step: “A seller’s agent shall not complete a disclosure form regarding the residential property on behalf of the seller.” The clock runs to conveyance, and NRS 113.110 says conveyance happens when escrow closes (or, with no escrow, when the buyer receives the deed). Service is complete on personal delivery, or “three days after the document is mailed,” so a mailed form needs to go out earlier than a hand-delivered one.

The form itself is set by rule. NAC 113.150 requires sellers to use “the most current form” from the Real Estate Division and bars changing it without the Division’s approval. The current version is Form 547, revised 6/1/2023. The buyer cannot sign away the form, and a seller may not demand that he do so “as a condition of sale or for any other purpose” (NRS 113.130(3)).

Found something new after serving the form, or an old problem got worse? NRS 113.130(1)(b) requires written notice “as soon as practicable,” and no later than conveyance. If the seller won’t agree to repair or replace it, the buyer chooses between rescinding and closing “without further recourse.”

What Form 547 asks about

The seller answers yes, no or N/A about problems with listed systems and appliances, from the electrical system, plumbing, sewer line, septic tank and well to the water heater, hot tub and smoke detectors. Page 2 then asks whether the seller is aware of:

  • moisture or water damage, structural defects, and work done without required building permits;
  • any construction-defect claim under NRS 40.600 to 40.695;
  • unstable or expansive soil, settling, drainage problems, a designated flood plain, or land next to “open range”;
  • roof problems, infestation (termites, carpenter ants), fungus or mold;
  • environmental hazards such as asbestos, radon gas, urea formaldehyde, storage tanks, or contaminated soil or water, plus an unremediated methamphetamine lab;
  • HOA fees, unpaid assessments or liens, and litigation involving the property or common area;
  • the water source, owned, leased or financed solar panels, the wastewater system, and any private transfer fee obligation.

Every “Yes” must be explained on page 3. The seller is held only to what he knows: NRS 113.140 says the law “does not require a seller to disclose a defect in residential property of which the seller is not aware,” and a completed form “does not constitute an express or implied warranty.” In Nelson v. Heer, 123 Nev. 217, 163 P.3d 420 (2007), the Nevada Supreme Court held that water damage the seller had repaired was no longer a defect, and that whether a seller was aware of a defect “is a question of fact.” Form 547 still asks about “previous” water damage in question 1(a), so a repaired leak belongs on the form with its repair history.

The five sales NRS 113.130(2) leaves out

  1. A sale by foreclosure under chapter 107 of NRS.
  2. A sale between co-owners, spouses, or “persons related within the third degree of consanguinity.”
  3. “The first sale of a residence that was constructed by a licensed contractor.”
  4. A sale by someone who takes temporary control or title “solely to facilitate the sale” for an owner who relocates to another county, state or country.
  5. A sale by a fiduciary under title 12 or 13 of NRS (a personal representative, guardian, trustee or attorney-in-fact) who takes temporary control or title solely to sell for a person who is deceased or incapacitated.

The foreclosure exemption comes with a condition. Under NRS 113.130(4), the trustee and the beneficiary of the deed of trust must still give the buyer written notice of defects each of them knows about, no later than conveyance or on the buyer’s request. If repairs were made or attempted, they must also name the asset management company that did the work.

Backing out, or suing later: NRS 113.150

Form missing or not served on time. If the seller or the seller’s agent “fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130,” the buyer “may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.”

Defect disclosed before closing. If the form or another written notice reveals a defect, and the purchase agreement did not cap the cost of repairing it, the buyer may rescind or close and accept it. The rescission counts only if it is “made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect,” on the escrow holder, or on the seller or the seller’s agent if no escrow is open.

Defect discovered after closing. Suppose the seller knew of a defect before conveyance and gave no written notice of it, and the agreement did not limit its repair cost. The buyer can then recover “treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney’s fees.” Suit must start within 1 year after the buyer discovers the defect (or reasonably should have) or 2 years after conveyance, “whichever occurs later.” A seller escapes these damages when the error came from relying on a public official, or on a licensed contractor, engineer, land surveyor, certified inspector or pesticide applicator.

The buyer can waive these section 113.150 rights, but only in a signed, notarized writing. The form requirement itself stays non-waivable.

Newly built homes: NRS 113.135

The first sale of a contractor-built house skips Form 547, but NRS 113.135 applies when the home was not occupied by the buyer for more than 120 days after construction was substantially complete. On signing, the seller must hand the initial buyer copies of NRS 11.202, 11.2055 and 40.600 to 40.695, and must disclose any soil report for the lot or subdivision. If the buyer asks for the reports in writing within 5 days after signing the sales agreement, the seller must provide them free of charge within 5 days after receiving the request. He may then rescind the sales agreement within 20 days after receiving all of the reports, unless he waived that right in a written document he signed.

Facts Nevada law calls immaterial: NRS 40.770

A death in the house, a felony committed there, or a prior occupant’s illness that is not known to spread through occupancy “is not material to the transaction.” That rule has two exceptions: a death “that results from a condition of the property,” and a methamphetamine lab that was never remediated by a certified or licensed entity or cleared by the board of health. A sex offender (as NRS 179D.095 defines one) living or expected to live in the community is also not material, and the seller has no duty to mention it. Neither is a licensed facility for transitional living for released offenders located near the property. The seller is not liable for keeping quiet about these facts, or about any of them he did not actually know.

Homes in an HOA: NRS 116.4109

Unless the sale requires a public offering statement or is exempt under NRS 116.4101(2), the selling owner furnishes a resale package at his own expense. The package must contain the declaration (other than plats), bylaws, rules and the information statement required by NRS 116.41095; the association’s statement of the monthly assessment and any unpaid amounts owed by the seller; the current budget and year-to-date financial statement with a reserve summary; a statement of unsatisfied judgments and pending legal actions against the association, and of pending legal actions relating to the community that the owner actually knows of; the transfer and other fees tied to the resale; a statement of all current and expected fees and charges for the unit; and proof of the association’s required insurance. The buyer may cancel by written notice “until midnight of the fifth calendar day following the date of receipt of the resale package,” delivered by hand, by prepaid U.S. mail or electronically to the owner or the owner’s agent; payments are then refunded. Once the buyer accepts conveyance, that right ends, and so does any claim for damages, rescission or other relief based solely on the owner’s failure to furnish the package.

Built before 1978: the federal lead rule

Lead paint disclosure is federal, not part of NRS 113. Before the buyer is bound, the seller hands over the EPA pamphlet and discloses known lead-based paint and any reports (40 CFR 745.107). The buyer gets “a 10-day period (unless the parties mutually agree, in writing, upon a different period of time)” to test (40 CFR 745.110), and may waive it in writing. Foreclosure sales are exempt (40 CFR 745.101). So are housing for the elderly or disabled and 0-bedroom units, unless a child under 6 lives or is expected to live there (40 CFR 745.103). Form 547 flags the issue with question 12: “Was the property constructed on or before 12/31/77?”

Agents have a separate duty

A licensee acting as an agent must disclose “any material and relevant facts” about the property “which the licensee knows, or which by the exercise of reasonable care and diligence should have known” (NRS 645.252(1)(a)). That is a licensing duty, and NRS 113.130(1)(c) keeps it in force even though the agent is not liable for defects the seller hid on the form.

Related pages

Questions Nevada sellers and buyers ask

If I sell as-is, can I skip Form 547?

No. The buyer may not waive the form, and you may not require him to, so an as-is sale still needs a completed Form 547 served at least 10 days before closing. “As-is” can settle who pays for repairs. It doesn’t change what you must report.

I’m the executor of my mother’s estate. Do I fill it out?

Not if you sell as a fiduciary under title 12 or 13 of NRS, holding the house only to sell it for the estate; that sale is exempt under NRS 113.130(2)(e). None of the five exemptions covers an heir who already holds title and sells as the owner, unless the buyer is a co-owner, a spouse, or a relative within the third degree.

The buyer read the form and wants out. How long does he have?

For a defect the form revealed, and whose repair cost the contract did not cap, the buyer has 4 working days from being told. The rescission must be in writing, notarized and served on the escrow holder (or on the seller or the seller’s agent if no escrow is open). If the form was never served, or was not served at least 10 days before closing as NRS 113.130 requires, he can rescind without penalty any time before escrow closes.

We found a leaking roof six months after closing. What can we recover?

If the seller knew about the leak before conveyance and gave no written notice, and the contract did not cap its repair cost, NRS 113.150(4) allows three times the repair cost plus court costs and attorney’s fees. File within 1 year of discovery or 2 years of closing, whichever is later. The claim fails if the seller truly didn’t know, or if the mistake came from a licensed contractor or certified inspector he relied on.