Nevada Construction Defect Disclosure and Waiver

The purpose of the Construction Defect Disclosure and Waiver is make sure a buyer is informed about any known construction problems with the house. Nevada statute NRS 40.688 requires sellers to disclose this information so buyers can understand the history of the property and make an informed decision. The purpose of this disclosure is to be transparent about prior defects, repairs, and any related claims, and to clearly outline the buyer’s options.

Important Points Regarding Disclosing Construction Defects:

• If there is a construction defect, the contractor must disclose the information in understandable language that is underlined and in bold-faced type with capital letters.  

• If there has been a claim or lawsuit regarding a construction defect, a seller must provide copies of all the notices sent to the contractor about the problem, any expert reports that were done, the full details of any settlement or court judgment, and a detailed report on all the repairs that were made.

• All of this information must be provided to a buyer at least 30 days before closing. If the escrow period is shorter than 30 days, then it must be provided at the time signing the sales agreement. 

• If a claim is made during the escrow period, a seller must provide this information to the buyer within 24 hours. 

• The buyer may cancel the contract during their due diligence period or move forward with the purchase

• If the buyer proceeds, they agree to release the seller and brokers from liability related to the disclosed defects.

Overall, this disclosure helps protect sellers by meeting legal requirements, setting clear expectations, and limiting future liability when buyers choose to move forward with full knowledge of past construction defects.

How Can I Get a Copy of the "Nevada Construction Defect Disclosure and Waiver"?

We will provide you a copy of any Nevada disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Return to Nevada Real Estate Disclosure Requirements