Five pages, a lot of checkboxes, and most buyers skim it on their phone between showings. The Seller’s Real Property Disclosure is one of the most useful documents in a Las Vegas purchase, and it is also one of the most misunderstood. It is not an inspection, it is not a warranty, and it only covers what the seller knows. Read the right way, it tells you where to point your inspector and what to ask before your contingency deadlines run out.
Below are the questions buyers in Las Vegas and Summerlin ask most about the form, answered from the Nevada statute and the Nevada Real Estate Division’s current form (Form 547, revised June 1, 2023).
Who fills it out, and when do I get it?
The seller does. Under NRS 113.130, the seller must complete the form, and the seller’s agent is not allowed to complete it on the seller’s behalf. The completed form must be served on you or your agent at least 10 days before the property is conveyed to you. In practice, most buyers see it much earlier, often right after an offer is accepted.
Can I waive it to make my offer stronger?
No. The statute says a buyer may not waive the requirement to receive the form, and a seller may not require a buyer to waive it as a condition of sale.
Does every sale come with one?
Most resales do, but NRS 113.130 lists exceptions. Among them:
- Sales by foreclosure under NRS Chapter 107
- Sales between co-owners, spouses, or relatives within the third degree
- The first sale of a home built by a licensed contractor (in other words, most brand new construction)
- Certain sales by someone who takes temporary title only to help an owner who is relocating
- Certain sales by a fiduciary such as a personal representative, guardian or trustee on behalf of someone who has died or is incapacitated
If you are buying in one of those situations, plan on leaning harder on your inspection and your own research.
What does the form actually ask?
It is broader than most people expect. Beyond appliances and systems, the seller answers yes, no or N/A on items like these:
| Section | Examples of what the seller is asked |
|---|---|
| Structure | Past or current water damage; structural defects; work done without required permits; construction defect claims |
| Land and foundation | Expansive soil; settling or movement; drainage or flooding; flood plain; known future development nearby; easements or encroachments |
| Roof, pool and spa | Any problem with the roof; problems with pool or spa structure or equipment |
| Pests, mold, environmental | History of termites or other infestation; mold; environmental hazards |
| HOA | Recurring fees; unpaid assessments, fines or liens; litigation; other assessments excluding property taxes; changes made without HOA approval |
| Other | Lead paint disclosure for homes built on or before 1977; water source; participation in SNWA’s Water Smart Landscape program; solar panels and whether they are owned, leased or financed; private transfer fees |
Any “yes” has to be explained on page 3 of the form.
How should I read it?
My order: read every “yes” first, then read page 3 to see how the seller explained it, then look for the answers that should probably be “yes” given what you saw at the showing. A pool home with every pool question checked “no” is fine. A pool home with the pool section skipped is a question. Then hand the whole form to your inspector before the inspection, not after.
A few items deserve extra attention in the Las Vegas Valley:
- Solar. Owned, leased and financed systems are very different things at closing. If it is leased or financed, ask for the agreement right away. Our post on leased solar systems explains why.
- Unpermitted work. Patio covers, garage conversions and casitas are common here. Ask what was permitted.
- HOA and other assessments. A “yes” on unpaid assessments or other assessments changes your cost of ownership. Get the details before your due diligence ends.
- Known future development nearby. If it is checked, ask what it is and look it up.
Is the seller promising the house is in good shape?
No. NRS 113.140 says the completed form is not an express or implied warranty, that a seller does not have to disclose a defect they are not aware of, and that buyers still have a duty to exercise reasonable care to protect themselves. That is why the form tells buyers they may wish to get professional advice and inspections. The disclosure tells you what the seller knows. The inspection tells you what is there.
What if something new comes up before closing?
If the seller discovers a new defect after giving you the form, or a disclosed defect gets worse, the seller must tell you in writing before closing. Under NRS 113.150, when you learn of a defect this way and the repair cost was not limited by your purchase agreement, you can either rescind or close and accept the property as disclosed. A rescission is only effective if it is in writing, notarized, and served within 4 working days after you are informed of the defect. That is a short window, so loop in your agent the same day.
What if the seller never gave me the form?
NRS 113.150 says that if the form is not served as required, the buyer may rescind before closing without penalty. The statute also sets out remedies after closing for defects the seller knew about and did not disclose, with specific time limits. If you think that applies to you, talk to a Nevada real estate attorney.
Where this fits in your purchase
The disclosure, the inspection report and your repair request should all line up. Once you have all three, our post on negotiating repair credits after a Las Vegas inspection covers the next step. This post is general information, not legal advice; confirm specifics with a Nevada real estate attorney.
Source: Nevada Revised Statutes 113.100 to 113.150; Nevada Real Estate Division, Seller’s Real Property Disclosure Form 547 (rev. 6/1/2023).
Geoff Zahler | Broker/Owner, Zahler Properties