3 questions

Stigmatized-Property Non-Disclosure (NRS 40.770)

Under Nevada's non-disclosure statute (NRS 40.770), a seller or licensee generally is NOT required to disclose that:

  • a.A death or felony occurred on the property
  • b.The roof has an active, known leak
  • c.The foundation has a known structural defect
  • d.The plumbing does not work

NRS 40.770 provides that a seller or licensee is generally not liable for failing to disclose 'stigma' facts such as a death or felony on the property, treating them as not material to the physical condition. Known physical defects like a leaking roof, structural problem, or non-working plumbing must still be disclosed.

Stigmatized-Property Non-Disclosure (NRS 40.770)

Nevada's stigma non-disclosure statute does NOT relieve a licensee of the duty to:

  • a.Disclose that a prior occupant had a particular illness
  • b.Disclose known material defects in the property's physical condition
  • c.Report a death that occurred on the property
  • d.Reveal a prior felony at the property

NRS 40.770 protects certain non-physical stigma facts from mandatory disclosure, but it does not relieve a licensee of the duty to disclose known material defects in the property's physical condition. The stigma exemption is narrow; physical defects that affect value or use must always be disclosed.

Stigmatized-Property Non-Disclosure (NRS 40.770)

Which document addresses the physical condition of a Nevada residential property that a seller must complete?

  • a.The Duties Owed by a Licensee form
  • b.The NRS 116 resale package
  • c.The Seller's Real Property Disclosure
  • d.The Broker Management course certificate

Nevada sellers of residential property must complete the Seller's Real Property Disclosure describing the known physical condition of the property. The Duties Owed form addresses the licensee's statutory duties, the resale package concerns common-interest communities, and the course certificate concerns broker education; none of those is the property condition disclosure.

Report