Nevada Legislative 2011 - Real Estate Update
CFAC - Las Vegas Short Sale Certification Training - November 17th

Are You Required to Disclose a Death in a Property in Nevada?

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In the state of Nevada, is a a seller of real property and/or the real estate agent required to disclose a death that occurred in a property?

Is the fact that a death, suicide, or homicide occurred in a property  considered a material fact?

The simple answer is NO, it is not a requirement nor is it considered material to the transaction according to NRS 40.770. The statute is excerpted below with noted exceptions.  Be aware that the law varies from state to state.

That being said, it is my opinion that if, as the listing agent,  you have knowledge of a death occurring in the property and you are subsequently asked by a buyer's agent or perspective buyer... it would be prudent and a best practice to disclose the facts.  I would highly recommend that you discuss this potential situation with the seller and how you plan to handle it should you be asked.

The reality is that the buyer will more than likely eventually discover the fact... and usually the source is a neighbor. 

 

NRS 40.770  Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.

      1.  Except as otherwise provided in subsection 6, in any sale, lease or rental of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property;

      (b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property, is not material to the transaction.

      2.  In any sale, lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.095, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant.

      3.  In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction.

      4.  A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.

      5.  Except as otherwise provided in an agreement between a buyer, lessee or tenant and that person’s agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge.

      6.  For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or

      (b) The property has been deemed safe for habitation by the board of health.

      7.  As used in this section:

      (a) “Board of health” has the meaning ascribed to it in NRS 439.4797.

      (b) “Facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

      (Added to NRS by 1989, 629; A 1995, 845; 1997, 1674; 2003, 1338; 2005, 2353; 2007, 2772; 2009, 826)

 

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