You're filling out the disclosure form and you hit the question about the roof. It leaked once, six years ago. You fixed it. Do you have to mention it?
Most sellers stall on at least one line of that form. Some over-disclose out of fear. Others leave things off and hope nobody notices.
Nevada's rules are specific, and the penalties for getting them wrong are steep. Here's exactly how they work.
The Core Rule
Nevada's disclosure law lives in NRS Chapter 113. The short version:
- What: Any defect you're aware of — defined as a condition that "materially affects the value or use of residential property in an adverse manner"
- How: On the Seller's Real Property Disclosure form (SRPD), which the Nevada Real Estate Division prescribes
- When: Served on the buyer at least 10 days before the property closes
- Who fills it out: You. Your agent is legally prohibited from completing it on your behalf
The form covers electrical, heating, cooling, plumbing, sewer, and every other aspect of the property that affects its use or value. The law also says the buyer can't waive it — and you can't require them to.
What You Don't Have to Disclose
You're not required to disclose a defect you don't know about. That's written into NRS 113.140.
The form also isn't a warranty. It's your honest statement of what you know. And the law says plainly that buyers still have a duty to protect themselves — which is why inspections matter.
That doesn't mean "I didn't look" is a strategy. If you had reason to know — you saw the water stain, you got the plumber's quote — you know.
What Happens If You Get It Wrong
| Situation | Buyer's Rights |
|---|---|
| You never serve the disclosure form | Buyer can cancel any time before closing, with no penalty |
| You disclose a defect before closing (on the form or in writing) | Buyer can cancel within 4 working days (written and notarized), or close and accept the defect |
| You discover a new defect, or one gets worse, after serving the form | You must tell the buyer in writing before closing; if you won't repair it, they can cancel or accept it |
| You knew about a defect and didn't disclose it | Buyer can recover three times the cost to repair, plus court costs and attorney's fees |
That last row is the one that matters. A $10,000 hidden problem can become a $30,000 judgment plus legal fees. Buyers have until one year after they discover the defect, or two years after closing — whichever is later — to file.
There's an important protection too: if your disclosure relied on information from a licensed contractor, inspector, engineer, or a government employee doing their job, you generally can't be held liable for their error.
The Gray Areas Sellers Ask About Most
"We fixed it. Do we still disclose it?"
When in doubt, disclose — and attach the repair invoice. A past roof leak with a licensed contractor's receipt reads as responsible ownership. The same leak discovered by the buyer's inspector reads as something you hid.
"We're selling as-is."
As-is doesn't cancel the disclosure requirement. It changes what you'll repair, not what you must reveal. If you're weighing that decision, see my post on whether to fix up or sell as-is.
"It's an estate sale."
Nevada exempts some sales from the form — including sales by a trustee, personal representative, guardian, or agent under a power of attorney who holds the home only to sell it on behalf of someone deceased or incapacitated. Other exemptions include foreclosures, sales between spouses, co-owners, or close relatives, and the first sale of a home built by a licensed contractor. More on estate situations in my guide to selling an inherited home.
Other disclosures that may apply
- Lead-based paint — federal disclosure for homes built before 1978
- Open range — required if the property is adjacent to open range where livestock can roam
- HOA documents — the resale package for homes in common-interest communities
Your 3 To-Dos This Week
- Make a list of everything you've repaired, replaced, or claimed on insurance. Leaks, cracks, HVAC, water heater, roof — with dates. That list becomes your first draft.
- Gather the paperwork. Contractor invoices, permits, warranties, and inspection reports turn a scary disclosure into a documented one.
- Fill out the SRPD before you list — not after you're in contract. Buyers who see a complete, documented disclosure early make stronger offers and cancel less.
Bottom Line
Nevada's disclosure rule is simple: tell the buyer what you know. The penalties exist for sellers who don't.
Disclosure isn't what kills deals — surprises do. A defect you disclose with a receipt is a negotiating point. A defect the buyer finds on their own is a trust problem. For deciding what to repair before you list, see what not to fix before selling.
General information, not legal advice. For questions about your specific disclosure, talk with a Nevada real estate attorney.
Frequently Asked Questions
When does a Nevada seller have to provide the disclosure form?
Under NRS 113.130, the completed Seller's Real Property Disclosure form must be served on the buyer or the buyer's agent at least 10 days before the property is conveyed. In practice, it's best to complete it before listing so buyers see it early.
Do I have to disclose a problem I didn't know about?
No. NRS 113.140 says a seller isn't required to disclose a defect they're not aware of, and the disclosure form isn't a warranty. Buyers still have a duty to exercise reasonable care, which is why inspections matter.
What happens if a Nevada seller hides a known defect?
The buyer can recover three times the cost to repair or replace the defect, plus court costs and reasonable attorney's fees. They have until one year after discovering the defect or two years after closing, whichever is later, to bring the claim.
Can a buyer cancel after I disclose a defect?
Yes. If you disclose a defect before closing, the buyer can cancel by serving a written, notarized rescission within 4 working days of being informed, or close and accept the defect. If the form is never served, the buyer can cancel any time before closing.
Let's Get Your Disclosure Right Before You List
I'll walk through your disclosure with you before we go live, so buyers see a complete, documented picture — and surprises don't show up in escrow.
About Charlene Sandoval, REALTOR®
Reno & Tahoe Luxury Real Estate Specialist
Charlene has walked Reno and Tahoe sellers through Nevada's disclosure process for 25+ years, and she helps them turn a nervous form into a documented, confident one. Her background in custom home building means she understands the systems on that form — roofs, plumbing, HVAC — and how buyers' inspectors will read them.
Charlene's specialties:
- Seller disclosure and pre-listing preparation
- Inspection and escrow negotiation
- Luxury Reno negotiations (ArrowCreek, Montrêux, Caughlin Ranch)
- California-to-Nevada relocation transactions
License #S.0194494 | RE/MAX Professionals
📞 775-415-7181 | 📧 [email protected]
Client Centric • Results Driven
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