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Mandated DisclosuresSellers_real_property_disclosure_form_nrs_113HARD

Robert is selling his home in Clark County, Nevada. He completed the Seller's Real Property Disclosure Form and disclosed that the property had a prior methamphetamine contamination that was professionally remediated three years ago, with a passing clearance certificate obtained from a licensed remediation contractor. The buyer, after receiving the disclosure and the clearance certificate, proceeds to closing. One year later, the buyer discovers residual contamination and sues Robert. Which of the following best describes Robert's legal position under Nevada law?

Correct Answer

A) Robert has no liability because he fully disclosed the prior contamination and provided the remediation clearance certificate, satisfying his obligations under NRS Chapter 113.

Under NRS Chapter 113 and Nevada's disclosure framework, a seller who fully and accurately discloses a known material condition — including prior methamphetamine contamination — and provides supporting documentation such as a professional remediation clearance certificate, has fulfilled the statutory disclosure obligation. The buyer received all material information, made an informed decision to proceed, and cannot later claim non-disclosure. Nevada law does not impose ongoing strict liability on sellers who properly disclose and document remediated conditions. Robert's complete and accurate disclosure is his protection against post-closing liability for this known condition.

Answer Options
A
Robert has no liability because he fully disclosed the prior contamination and provided the remediation clearance certificate, satisfying his obligations under NRS Chapter 113.
B
Robert is automatically liable because any prior methamphetamine contamination creates strict liability for the seller regardless of disclosure or remediation.
C
Robert is liable because Nevada law requires sellers to warrant that remediated properties are permanently free of all contamination.
D
Robert has no liability because methamphetamine contamination is not a required disclosure item on the Seller's Real Property Disclosure Form.

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Related Topics & Key Terms

Key Terms:

seller_disclosurenrs_113methamphetamineremediationdisclosure_protectioncivil_liabilitynevada_specific

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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