NRS
113.130 Completion and service of disclosure form before conveyance of
property; discovery or worsening of defect after service of form; limitation on
liability of seller’s agent; exceptions; waiver.
1. Except as otherwise provided in
subsection 2:
(a) At least 10 days before residential property
is conveyed to a purchaser:
(1) The seller shall complete a disclosure
form regarding the residential property; and
(2) The seller or the seller’s agent shall
serve the purchaser or the purchaser’s agent with the completed disclosure
form.
Ê A seller’s
agent shall not complete a disclosure form regarding the residential property
on behalf of the seller.
(b) If, after service of the completed disclosure
form but before conveyance of the property to the purchaser, a seller or the
seller’s agent discovers a new defect in the residential property that was not
identified on the completed disclosure form or discovers that a defect
identified on the completed disclosure form has become worse than was indicated
on the form, the seller or the seller’s agent shall inform the purchaser or the
purchaser’s agent of that fact, in writing, as soon as practicable after the
discovery of that fact but in no event later than the conveyance of the
property to the purchaser. If the seller does not agree to repair or replace
the defect, the purchaser may:
(1) Rescind the agreement to purchase the
property; or
(2) Close escrow and accept the property
with the defect as revealed by the seller or the seller’s agent without further
recourse.
(c) A seller’s agent is not liable to the
purchaser for damages if:
(1) The seller is aware of a defect and
fails to disclose the defect to the purchaser on the disclosure form as
required pursuant to paragraph (a); or
(2) After service of the completed disclosure
form but before conveyance of the property to the purchaser, the seller
discovers a new defect in the residential property that was not identified on
the completed disclosure form or discovers that a defect identified on the
completed disclosure form has become worse than was indicated on the form and
fails to inform the purchaser or the purchaser’s agent of that fact as required
pursuant to paragraph (b).
Ê The
provisions of this paragraph do not affect, and must not be construed to
affect, the obligation of a seller’s agent to comply with the provisions of
paragraph (a) of subsection 1 of NRS 645.252.
2. Subsection 1 does not apply to a sale
or intended sale of residential property:
(a) By foreclosure pursuant to chapter 107 of NRS.
(b) Between any co-owners of the property,
spouses or persons related within the third degree of consanguinity.
(c) Which is the first sale of a residence that
was constructed by a licensed contractor.
(d) By a person who takes temporary possession or
control of or title to the property solely to facilitate the sale of the
property on behalf of a person who relocates to another county, state or
country before title to the property is transferred to a purchaser.
(e) By a fiduciary under title 12 or 13 of NRS,
including, without limitation, a personal representative, guardian, trustee or
person acting under a power of attorney, who takes temporary possession or
control of or title to the property solely to facilitate the sale of the
property on behalf of a person who is deceased or incapacitated.
3. A purchaser of residential property may
not waive any of the requirements of subsection 1. A seller of residential
property may not require a purchaser to waive any of the requirements of
subsection 1 as a condition of sale or for any other purpose.
4. If a sale or intended sale of
residential property is exempted from the requirements of subsection 1 pursuant
to paragraph (a) of subsection 2, the trustee and the beneficiary of the deed
of trust shall, not later than at the time of the conveyance of the property to
the purchaser of the residential property, or upon the request of the purchaser
of the residential property, provide:
(a) Written notice to the purchaser of any
defects in the property of which the trustee or beneficiary, respectively, is
aware; and
(b) If any defects are repaired or replaced or
attempted to be repaired or replaced, the contact information of any asset
management company who provided asset management services for the property. The
asset management company shall provide a service report to the purchaser upon
request.
5. As used in this section:
(a) “Seller” includes, without limitation, a
client as defined in NRS 645H.060.
(b) “Service report” has the meaning ascribed to
it in NRS 645H.150.
(Added to NRS by 1995,
842; A 1997,
349; 2003,
1339; 2005,
598; 2011,
2832; 2021,
961, 1081)
Notes of Decisions
Cited in
14
cases (
7 in the last 5 years), 2007–2024 · leading case:
Nelson v. Heer, 163 P.3d 420 (Nev. 2007).
Nelson v. Heer, 163 P.3d 420 (Nev. 2007).
· cites it 7× “Respondent Scott Heer contended that appellant Judy Nelson sold him a cabin without complying with NRS 113.130 because she failed to disclose prior water damage that may have caused elevated amounts of mold within the cabin.”
J.E. Johns & Assocs. Vs. Lindberg, 470 P.3d 204 (Nev. 2020).
· cites it 8× “The Lindbergs specifically alleged that the sellers violated their statutory disclosure obligation under NRS 113.130, for which NRS 113.150(4) permits the recovery of treble damages, and that the sellers' agents and the Lindbergs' agents violated their statutory duties of…”
Saticoy Bay, LLC Ser. 9720 Hitching Rail Vs. Peccole Ranch Cmty. Ass'n, 495 P.3d 492 (Nev. 2021).
· cites it 4× “Saticoy Bay sued respondents the HOA and its trustee, alleging misrepresentation, breach of the duty of good faith, conspiracy, and violation of NRS 113.130. Its claims hinge on the assertion that the HOA and its trustee should have disclosed BANA's tender of the superpriority…”
Webb v. Shull, 270 P.3d 1266 (Nev. 2012).
“150(4) provides, in pertinent part, that with limited exceptions not applicable here, treble damages are warranted when a seller sells residential property without disclosing known defects: if a seller conveys residential property to a purchaser without complying with the…”
Folino v. Swanson C/W 81831, 506 P.3d 318 (Nev. 2022).
· cites it 7× “4 Under NRS 113.130, a seller of residential property must complete a disclosure SRPD form about the property and provide it to the purchaser at least ten days before the property is conveyed.”
Saticoy Bay, LLC v. S. Shores Cmty. Ass'N, 473 P.3d 1046 (Nev. 2020).
“Similarly, and assuming without deciding that NRS Chapter 113 applies to NRS Chapter 116 sales, NRS 113.130 requires a seller to disclose "defect[s]," not superpriority tenders.”
Estrada v. Fed. Home Loan Mortg. Corp., No. 2:23-cv-01767 (D. Nev. Sept. 29, 2024).
· cites it 3× “NRS 113.130 19 Under NRS Chapter 113, residential property sellers are required to disclose any defects to 20 buyers within a specified time before the property is conveyed.”
Saticoy Bay, LLC Ser. 1330 Crystal Hill Vs. Tripoly At Stephanie Hoa, No. 79778 (Nev. Mar. 26, 2021).
· cites it 2× “Appellant's complaint alleged misrepresentation, breach of the duty of good faith, conspiracy, and violation of NRS 113.130. Each of these claims fail. First, appellant's claims for misrepresentation and breach of the obligation of good faith imposed by NRS 116.”
Saticoy Bay, LLC v. Silverstone Ranch Cmty. Ass'N, No. 80039 (Nev. Oct. 16, 2020).
“Similarly, and assuming without deciding that NRS Chapter 113 applies to NRS Chapter 116 sales, NRS 113.130 requires a seller to disclose "defect[s]," not superpriority tenders.”
Saticoy Bay, LLC v. Mountain Gate Hoa, No. 80134 (Nev. Oct. 16, 2020).
“Similarly, and assuming without deciding that NRS Chapter 113 applies to NRS Chapter 116 sales, NRS 113.130 requires a seller to disclose "defect[s]," not superpriority tenders.”
Saticoy Bay, LLC v. Genevieve Ct. Hoa, No. 80135 (Nev. Oct. 16, 2020).
“Similarly, and assuming without deciding that NRS Chapter 113 applies to NRS Chapter 116 sales, NRS 113.130 requires a seller to disclose "defect[s]," not superpriority tenders.”
Saticoy Bay, LLC v. Tapestry At Town Ctr. Hoa, No. 80969 (Nev. Feb. 16, 2021).
“Similarly, and assuming without deciding that NRS Chapter 113 applies to NRS Chapter 116 sales, NRS 113.130 requires a seller to disclose "defect[s]," not superpriority tenders.”
Nev. Rev. Stat. § 113.130(1): 1 case
J.E. Johns & Assocs. Vs. Lindberg, 470 P.3d 204 (Nev. 2020).
“The Lindbergs specifically alleged that the sellers violated their statutory disclosure obligation under NRS 113.130, for which NRS 113.150(4) permits the recovery of treble damages, and that the sellers' agents and the Lindbergs' agents violated their statutory duties of…”
Nev. Rev. Stat. § 113.130(1)(a): 2 cases
Nelson v. Heer, 163 P.3d 420 (Nev. 2007).
“Respondent Scott Heer contended that appellant Judy Nelson sold him a cabin without complying with NRS 113.130 because she failed to disclose prior water damage that may have caused elevated amounts of mold within the cabin.”
Folino v. Swanson C/W 81831, 506 P.3d 318 (Nev. 2022).
“4 Under NRS 113.130, a seller of residential property must complete a disclosure SRPD form about the property and provide it to the purchaser at least ten days before the property is conveyed.”
Nev. Rev. Stat. § 113.130(1)(b): 1 case
Folino v. Swanson C/W 81831, 506 P.3d 318 (Nev. 2022).
“4 Under NRS 113.130, a seller of residential property must complete a disclosure SRPD form about the property and provide it to the purchaser at least ten days before the property is conveyed.”
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