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*DISCLOSURE* This is all my opinion and should not be construed as legal advice. This is meant to be informative, but please do your due diligence and if you need assistance, contact the appropriate professionals. 

PS.... The formatting on this page is a bit wonky. I will come back to it and make it look prettier when I have time!  Enjoy the info though :) 

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Buyer – no agent (after you find the home you want)

Writing an offer is not just a sales price and a closing date. I am sure there are a variety of purchase agreements that are available online. Or you may have a listing agent willing to fill out our LVR provided one based on the terms. BUT the listing agent represents the seller!  As nice as they may seem, if you don’t also sign a contract with them (and I would imagine have to pay them), they will completely be looking out for the seller and not you the buyer. NOW, they can’t do anything illegal. There is a Duties Owed form that they must provide you stating they will not break the law but they also will not do you any favors. So here are some sections that you will want to have included in any form you find online OR look at these areas in a LVR contract and make sure they are completed to your satisfaction.

Contingencies – Nevada is a buyer friendly state. As long as you have ample contingencies in there, your EMD (earnest money deposit) is protected. Here are some customary contingencies:

• ·       Appraisal – ask your lender what an appropriate number of days would be
• ·       Loan – same… ask your lender for this number
• ·       Buyer due diligence – I see a lot of 10 days, but it can vary. 

o   Side note: this includes the timeline you would want to have a home inspection, request and negotiate any repairs to be completed prior to close. Sometimes you may even accept a dollar amount in lieu of repairs.

• ·       Solar (more on that below) BUT if there is solar, definitely add in a contingency so you have time to review all the information and you are willing to inherit whatever contract they agreed to

o   If you forget, then make sure you resolve everything within your buyer due diligence

o   But you may want to say “7 calendar days from the date all solar related documents are provided to buyer” so they don’t wait until day 5 and then your due diligence is almost over.

Other important dates:

• ·       Close of escrow (usually 30 days +/-) take into consideration federal holidays etc
• ·       Final walk-thru (usually within 3 days of closing)
• ·       Possession date (usually Close of Escrow but can differ)

Finance and money – Include these items (may not be all on the same page)

• ·       Offer price
• ·       How much is being financed and what kind of loan
• ·       If you are requesting seller concessions, how much? (some loan types have limits, ask your lender)
• ·       How are fees to be divided? (usually buyer, seller, or 50/50)

o   Title (Escrow fees, owner’s title policy, lender’s title policy)

o   Real Property Transfer Tax (.0051 per $1000 of sales price)

o   Appraisal fee

o   Inspection fees (not just home inspection but if applicable pool, well, septic, etc)

o   If there is an HOA, who will pay CIC capital contribution (if applicable), Transfer/set up fee, and CIC demand 

§  SIDE NOTE: by NV law, the seller MUST pay and provide the resale package. NRS 116.4109 

Home Warranty – Do you want/need one? If yes:

• ·       If you are paying, write it in the contract because it will affect your closing costs and need to be added to the Closing Disclosure
• ·       If you want the seller to pay, you need to request that in your offer contract. 

Title company

·       First, ALWAYS use a Title and Escrow company!

·       AND list it in the contract!

·       Do you know one? Is there an escrow officer you want to use?

·       If the seller has an agent, they will want you to use who they like, but it is a negotiable item.

Disclosures – If the seller has a licensed agent, they will ensure these are provided. If you find a FSBO and the two of you are going through this with no agents, then this is important!

• ·       By Nevada law, the seller MUST provide a Seller Real Property Disclosure Form NRS 113.130; however, it states it must be provided by 10 days prior to property being conveyed.

o   If there is something to be disclosed, you will want to know sooner.  I suggest writing in the contract for it to be provided within 5 days of the contract being fully executed.

• ·       By Nevada law, if there is a licensed listing agent (whether Realtor® or agent) they must provide you with a Duties Owed as a non-represented party.
• ·       There are other disclosures that the association uses but honestly they are all covered on the SRPD and are unnecessary.

Fixtures and Personal property.
Funny YouTube clip

•      NAC 361.1127 defines "Fixture"
•           Our pre-printed contracts have a paragraph that states all existing fixtures and fittings will be transferred free of liens. Look for something like that in the contract you use.
• §        Also a good statement to write is that personal property will convey in as-is condition but not required
• §        Popular items that are considered personal property would be the washer, dryer, and refrigerator. If you want those to convey, write them in the contract
• §        Also go through the pre-printed portion to see if stove is listed or dishwasher, window coverings, etc. If it is important to you and it is not pre-printed, I would write it in to be safe

o   SIDE NOTE: Nevada is a contract state. Even if say the washer, dryer, and refrigerator are advertised to be included, if it is NOT IN THE CONTRACT, the seller does not have to leave it. If it is a gray area, get it in writing!

Solar Panels:

• §        Good info on explaining different systems here
• §        At the very least, if you see panels, you need to find out if it is owned outright, has payments, has a lease, or a PPA.
• §        Is there a transfer fee? Warranty? Does the warranty convey?
• §  I  also suggest asking for a minimum of 24 months of NV energy bills (a consumer can always go online and print out up to 24 months worth so it should not be an issue. BUT you should request it IN WRITING in the offer contract.
• §        Also, talk to your lender. If you have to assume a loan, it may impact how you qualify

o   However, at this time, a lease does not effect it, fyi.




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