Division Revises Disclosure Forms
By Deanne M. Rymarowicz, Esq.
GLVAR Legal Counsel
In the last few weeks the Real Estate Division revised several forms due to legislative changes.
Residential Disclosure Guide: The guide has been re-formatted back to a booklet design.
In addition, a disclosure regarding pool safety and drowning prevention was added in cooperation with the Southern Nevada Health District. Please note, there is no separate form required; the only disclosure on this issue is what is included in the booklet. The purpose of the disclosure is to “make the buyer aware of the risk of death by drowning in private and public pools particularly for children 4 years or younger.” Buyers are advised to go to the Health District’s website for more information on drowning facts, pool security and preventable mistakes.
Other, minor changes were made to reflect amendments to the Range Land disclosure form (see below).
Homeowner’s Information Statement: The “Did You Know …” informational statement has been updated to reflect a change made by SB 351. The effect of the change is to inform the purchaser that “certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116 of the Nevada Revised Statutes.”
Range Land Disclosure: This disclosure, which is required for the sale of any property adjacent to open range, was affected by SB 106, which went into effect on July 1, 2009. The revised disclosure includes a statement that “the parcel may be subject to county or State claims of rights-of-way, including those not recorded, documented or surveyed.”
The statute in NRS 113.065 explains further that such rights-of-way may be used by miners, ranchers or hunters, for access or recreational use, in a manner which interferes with the use and enjoyment of the parcel.”
In addition, although not stated on the face of the disclosure available at press time, sellers should be reminded that they must now provide the purchaser with a copy of the signed disclosure and record the original signed disclosure with the county recorder where the property is located.
At press time, GLVAR was working with ZipForm to make the updated forms available to the members as quickly as possible. All the new forms are also available on the Division’s website, www.red.state.nv.us. |
