Your home is your largest asset. Protect it.
Real estate disputes carry a weight other civil cases do not. This is where you live, or where your capital is committed, and the amounts are rarely small. An undisclosed defect becomes a serious repair bill. A neighbor’s fence becomes a claim on part of your lot. A seller refuses to close and your financing is at risk. An association fines you for something you were told was approved.
As a Las Vegas real estate attorney who focuses on disputes, I litigate real property disputes throughout Las Vegas, Henderson, North Las Vegas and Clark County. You work directly with me, and you get a candid assessment of what your claim is worth before you commit to anything. Big-Firm Power. Street-Level Grit.
These cases reward speed. Evidence disappears, defects get repaired before anyone documents them, and Nevada’s disclosure statute carries a limitations period that can run from the date you discover the problem. An early conversation is worth far more than a late one.
I have also represented homeowners fighting loan servicers and trustees over foreclosures, in state court and in federal court. See my selected experience.
Real estate disputes I handle in Las Vegas and across Nevada
- Seller nondisclosure, where known defects were left off the Seller’s Real Property Disclosure form
- Breach of purchase agreements, including failure to close, financing and inspection contingency disputes, and earnest money fights
- Boundary, encroachment and easement disputes involving fences, driveways, walls and access rights
- Quiet title actions to clear old liens, defective deeds and competing ownership claims
- Homeowners association disputes over fines, assessments, architectural decisions and collection activity under NRS Chapter 116
- Landlord-tenant and commercial lease litigation, residential and commercial, on either side
- Construction defect and contractor disputes, including workmanship claims against licensed contractors
- Fraud and misrepresentation in the sale, purchase or financing of real property
Nevada’s seller disclosure law and the treble repair cost remedy
Under NRS 113.130, most residential sellers must complete and deliver a Seller’s Real Property Disclosure form, commonly called the SRPD, to the buyer at least 10 days before the property is conveyed. The form requires the seller to disclose defects the seller is aware of.
What the duty actually requires
The scope is misunderstood on both sides. A seller must disclose defects the seller actually knows about. The statute does not require a seller to disclose a defect the seller is not aware of. So the battleground in nearly every case is not whether a defect existed, which is usually obvious by the time you are suing. It is what the seller knew and when.
“As-is” does not erase the duty
An as-is clause shifts the risk of unknown conditions to the buyer. It does not license a seller to conceal known material defects. A buyer can waive rights under NRS 113.150 only in a written document that the buyer signs and has notarized.
A seller who knows the primary bedroom floods every winter, marks the form clean and then points to an as-is clause is exposed under the disclosure statute and potentially for common-law fraud. Buyers give up valid claims all the time because someone told them as-is means no recourse. It does not.
The remedy
Under NRS 113.150, where a seller conveys residential property without complying with the disclosure requirements, or without giving written notice of defects the seller knew about, the purchaser may recover treble the cost to repair or replace the defective portion, along with court costs and reasonable attorney’s fees. The remedy does not reach a defect whose repair cost the purchase agreement limited, or an error or omission in the disclosure form that came from the seller’s reliance on information from a government officer or employee acting in the ordinary course of duties, or from a contractor, engineer, land surveyor, certified inspector or pesticide applicator authorized to practice in Nevada. That remedy changes the settlement dynamics of a case, and fee recovery can make a claim worth pursuing when an ordinary contract theory would not.
Exceptions
The disclosure requirement does not reach every transaction. Recognized exceptions include certain foreclosure sales, transfers between co-owners, spouses or certain related persons, and the first sale of a residence constructed by a licensed contractor. If your deal falls within an exception, a claim may still exist for fraud or misrepresentation, but the analysis and the remedies differ.
Deadlines that decide Nevada real estate cases
- A residential seller nondisclosure claim under NRS 113.150 must be filed within one year after you discover or reasonably should have discovered the defect, or within two years after the property is conveyed to you, whichever is later.
- Written contracts, which covers most purchase agreements, are generally subject to a six-year period from breach under NRS 11.190(1)(b).
- Oral contracts are generally subject to a four-year period under NRS 11.190(2)(c).
- Fraud and misrepresentation claims are generally subject to a three-year period, usually from discovery, under NRS 11.190(3)(d).
- Trespass or waste on real property is generally subject to a three-year period under NRS 11.190(3)(b).
Boundary, encroachment and easement disputes
Few disputes get as bitter as those between neighbors, partly because neither side can walk away and partly because the money at stake is often small compared with the emotion.
The first step is almost always a current survey. Until a licensed surveyor establishes the true boundary, everything else is argument. Old fences, long use and what a prior owner said are not substitutes for a survey, though they can become legally relevant.
Where an encroachment exists, the options include a negotiated boundary line agreement or easement, a quiet title action, an ejectment action to remove the encroachment, and a suit for injunctive relief and damages. Easement disputes raise their own questions: whether an easement exists at all, whether it was recorded, implied or created by prescription, and whether the use exceeds what was granted.
Time works against you here. An encroachment left alone for years gets harder to remove, and long-continued use can ripen into rights that did not exist before.
Quiet title actions
A quiet title action asks the court to determine ownership and clear competing claims or clouds on title. It is the remedy when something in the chain of title makes a property unmarketable or uninsurable.
Typical triggers include a paid mortgage or lien that was never released, a defective or improperly executed deed, a forged instrument, a disputed easement of record, a claim by someone asserting an interest through an old conveyance, and title problems from a tax sale or foreclosure. The judgment establishes who owns what, which is generally required before the property can be sold, refinanced or insured.
HOA disputes follow a separate track
Nevada has an unusually large share of homes in common-interest communities, so disputes with associations are common. These matters fall under NRS Chapter 116, and many must go through alternative dispute resolution administered through the Nevada Real Estate Division before a lawsuit can proceed.
Common disputes involve the validity of fines, special assessments, architectural review decisions, selective enforcement of covenants, board elections and conduct, access to association records, and collection activity including the association’s lien and foreclosure rights. The governing documents, the association’s notice and hearing procedures and the category of dispute all determine what you must do before going to court. A homeowner who is right on the merits can still lose by skipping a required step. I represent homeowners.
How a Nevada real estate case moves
Documents and investigation
I start with the paper: the purchase agreement, the SRPD, inspection reports and every communication with the seller and agents. In parallel I investigate what the seller knew, using permit records, prior listings, insurance claims, contractor history and, where useful, statements from neighbors who saw the condition or the repairs.
Retained consultants and evidence
Most nondisclosure and defect cases need a qualified professional to establish the nature of the defect, when it likely began, and what it costs to repair or replace. Under NRS 113.150 that cost figure is the number the remedy is built on, so I retain consultants early and prepare them to hold up under cross-examination.
Demand
A demand letter that sets out the statutory basis, the evidence of the seller’s knowledge and the exposure to treble repair costs and attorney’s fees resolves a substantial share of these disputes before suit. Sellers and their insurers take the remedy seriously once it is properly explained.
Filing and discovery
If the demand does not resolve the matter, I file in the Eighth Judicial District Court. Discovery centers on the seller’s knowledge: documents, communications, depositions and often the depositions of agents on both sides. My post on Clark County business court lists the case types that can go there, including commercial real estate sales.
Resolution
Many cases settle once the seller’s knowledge is established. Those that do not are tried. Lower-value cases may be routed first through Clark County’s court-annexed arbitration program.
Protecting yourself before you close
- Read the SRPD carefully and ask about anything vague. A disclosure that says a condition was “repaired” invites the questions of what was wrong, who repaired it and where the invoices are. Ask in writing.
- Get your own inspection, and a qualified inspector for any system your general inspector flags. Do not skip that step to save a few hundred dollars on a purchase of several hundred thousand.
- Keep every communication. Texts and emails with the seller and agents often decide a later dispute.
- Do not waive contingencies casually. Inspection and financing contingencies protect you, and waiving them to win a competitive bid puts real risk on your shoulders.
- Pull the permit history. A significant addition or repair with no matching permit is worth understanding before closing, not after.
Nevada real estate questions I hear most
The seller didn’t tell me about a defect. What can I recover in Nevada?
If the seller failed to comply with the disclosure requirements or failed to give written notice of a defect they knew about, NRS 113.150 lets a buyer of residential property recover treble the cost to repair or replace the defect, plus court costs and reasonable attorney’s fees. The remedy does not reach a defect whose repair cost the purchase agreement limited, or an error or omission in the disclosure form that came from the seller’s reliance on information from a government officer or employee acting in the ordinary course of duties, or from a contractor, engineer, land surveyor, certified inspector or pesticide applicator authorized to practice in Nevada. Fee recovery is what makes many of these claims worth bringing even where the repair cost alone might not justify a lawsuit.
I bought the house “as-is.” Do I have any claim at all?
Very possibly. An as-is clause shifts the risk of unknown conditions to you. It does not permit a seller to conceal defects they actually knew about. If you can show the seller had knowledge and did not disclose it, the clause is not the shield sellers and agents often say it is. Have someone review the disclosure form and the evidence of knowledge before you abandon the claim.
How long do I have to sue over an undisclosed defect?
Under NRS 113.150, a residential seller nondisclosure claim must be filed within one year after you discover or reasonably should have discovered the defect, or within two years after the property is conveyed to you, whichever is later. That makes the date you found the problem important. Keep records of when you first noticed it, every inspection or contractor report, photographs and every communication with the seller and agents. Do not wait to find out how much time you have left.
The seller says they didn’t know about the problem. Does that end my case?
No. Knowledge is established with evidence, not with the seller’s say-so. Prior repair invoices, insurance claims, permit history, contractor communications, statements to neighbors, old listing photographs and the condition itself can all show what a seller knew. A recurring leak with a history of patch repairs is hard to call unknown.
Should I fix the defect before or after I talk to a lawyer?
Document it thoroughly before you repair anything. Under NRS 113.150 the remedy is built on the cost to repair or replace the defective portion, so photographs and video, written contractor assessments and any moisture or engineering reports are the proof of that number. Once the defect is repaired, the strongest evidence of its nature and extent is gone and the defense will say you overstated it. If the condition is urgent or unsafe, address it, but document it first and keep every invoice.
My neighbor’s fence or driveway crosses onto my property. What do I do?
Start with a current survey from a licensed surveyor, because nothing else can be resolved reliably until the true line is established. From there the options are a negotiated boundary line agreement, a quiet title action, an ejectment action, or a suit for injunctive relief and damages. Move sooner rather than later, since long-standing encroachments get harder to remove.
What is a quiet title action?
It is a lawsuit under NRS 40.010 asking the court to determine ownership and clear competing claims, such as an unreleased lien, a defective deed, a disputed easement or an interest claimed through a prior conveyance. The judgment establishes ownership, which a title insurer or lender generally requires before a sale or refinance.
The buyer or seller backed out. Can I force the sale?
Possibly. A suit in the Eighth Judicial District Court can ask for specific performance, a court order compelling completion of the sale, because every parcel of real property is legally unique and money damages may be inadequate. Whether it is available depends on the contract, whether the contingencies were satisfied and whether you performed your own obligations. If it is not realistic, the alternatives are a damages claim and a fight over the earnest money.
Can I fight my HOA over fines or an architectural decision?
Yes, but the path matters as much as the merits. NRS Chapter 116 governs these disputes, and many must first go through alternative dispute resolution through the Nevada Real Estate Division. The governing documents, the notice and hearing requirements, and whether enforcement was selective all come into play. Skipping a required step can defeat a claim that is otherwise strong.
Can my HOA foreclose on my home?
Nevada associations have lien rights and, in certain circumstances, foreclosure rights for unpaid assessments, and this area has been heavily litigated. The procedural requirements are detailed and associations do not always follow them. If you have received a lien or foreclosure notice, do not wait. These processes move on statutory timelines and defenses work better when raised early.
What if the problem is with my builder or contractor rather than a seller?
That is a different framework. Construction defect and contractor disputes bring their own notice requirements, opportunities to repair and licensing questions, and the State Contractors Board offers another avenue in some cases. Deadlines differ from disclosure claims too. Bring the contract, the correspondence and any inspection reports.
Do I need a Las Vegas real estate attorney if I already have a real estate agent?
They serve different functions. An agent facilitates a transaction. An agent does not represent you in a dispute, cannot give legal advice, and your communications with an agent are not privileged, which means the other side can often reach them. A complaint about a licensee to the Nevada Real Estate Division is a regulatory step, separate from a civil claim. Once a disagreement becomes a claim, or anyone threatens litigation, you need counsel whose duty runs to you alone.
Is it worth suing given the cost?
In Nevada nondisclosure cases the math can look different from other civil disputes, because a buyer who proves the claim can recover treble the repair cost and attorney’s fees. For other real estate claims I run the ordinary analysis with you: realistic recovery, cost, timeline and the other side’s ability to pay. If it does not make sense, I will say so.
Can I bring a claim against the agent who knew about the defect?
Possibly, depending on what the agent knew and what the agent said or left unsaid. Nevada licensees have their own statutory and professional duties, and the disclosure statute says a seller’s agent is not liable for damages just because the seller failed to disclose a known defect, though it does not change the agent’s own duties under NRS 645.252. A licensee who affirmatively misrepresented a condition, or knew of a material defect and stayed silent, may face exposure. There is also a regulatory avenue through the Nevada Real Estate Division, separate from any civil claim.
I’m a Nevada seller and the buyer is threatening to sue. What now?
Do not respond substantively before speaking with counsel, and do not try to explain your way out of it in writing, because those messages become exhibits. Under NRS 113.150 the central question will be what you actually knew and whether it went on the Seller’s Real Property Disclosure. The analysis often favors sellers more than they expect, especially where the condition arose after closing, you told the buyer about it in writing before closing, or the sale falls within a statutory exception.
Can I sue the home inspector who missed it?
Sometimes, though it is harder than clients expect. Start with the inspection contract, because it sets the scope of the inspection and may cap damages, and then the report. Nevada’s standards for certified inspectors call for a physical examination, including probing suspected deterioration and entering crawl spaces and attics unless access is obstructed or not readily accessible, so an inspector is not automatically excused for missing something a proper inspection would have found. Where an inspector missed something plainly visible and within the scope of the inspection, a negligence claim may exist. Bring both documents.
What if the defect showed up years after I bought the house?
Timing matters but does not automatically defeat a claim. The question is what the seller knew at the time of sale, not when you found the problem, and the statute’s limitations period can run from your discovery. A latent condition that took years to appear can still support a claim if you can show the seller knew about it. Document when and how you discovered it.
What should I bring to the first meeting about a Nevada property dispute?
The purchase agreement and all addenda, the SRPD, your inspection report and any follow-up reports, photographs of the defect, repair estimates or invoices, the title policy, and your communications with the seller and agents. If an HOA is involved, bring the governing documents and every notice you received. If you do not have it all, come anyway.
Talk to a Las Vegas real estate attorney about your Nevada property dispute
Whether you need a real estate litigation attorney or a landlord tenant attorney in Las Vegas, I handle your case myself. Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Your Rights, My Fight! Call for a free initial consultation.
Law Offices of Mitchell S. Bisson 625 S. 6th St., Ste. 505 Las Vegas, NV 89101 (702) 602-4990 | MBisson@BissonLegal.com
Related: my Las Vegas civil litigation attorney and Las Vegas business litigation attorney pages cover contract and commercial disputes that overlap with property cases. If someone was hurt on a property, see my Las Vegas personal injury lawyer page. If a judgment needs to be challenged, see my Nevada appeals lawyer page. For short answers on other Nevada questions, see the Nevada legal FAQs page.
This page provides general information about Nevada law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.