Contracts
What is an 'as-is' clause in a Nevada real estate contract and does it eliminate all seller disclosure obligations?
AYes, an as-is clause completely eliminates the seller's obligation to disclose any defects
BAn as-is clause means the buyer accepts the property in its current condition but does not eliminate the seller's statutory duty to disclose known material defects✓ Correct
CAs-is clauses are unenforceable in Nevada residential transactions
DAn as-is clause shifts all inspection costs to the seller
Explanation
In Nevada, an 'as-is' clause means the buyer accepts the property in its current condition and the seller will make no repairs. However, it does NOT eliminate the seller's statutory obligation under NRS 113.130 to disclose known material defects on the Seller's Real Property Disclosure (SRPD) form. If the seller knowingly fails to disclose material defects, they can still face liability for fraud or misrepresentation despite an as-is clause. The SRPD requirement is statutory and cannot be waived by contract.
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