Frequently Asked Legal Questions. (Nevada)

Q. The seller received a full price offer on his property. However, he is refusing to accept this offer and says he wants to make a counteroffer for more than the asking price. Can the seller refuse a full price offer and "counter" for more than the listed price?

A. Yes. The seller is not legally required to accept an offer because it is "full price" and he can counter for more than the listed price. An advertisement in the MLS (multiple listing service) or other media is an invitation to make an offer, not an offer. However, the listing agent could bring a claim against the seller for his commission based upon the listing agreement and that the listing broker produced a ready, willing and able buyer on the terms provided for in the listing contract.


Q. If a seller rejects an offer to purchase, must the seller indicate "REJECTED" on the face of the offer?

A. Yes and No... Yes, Nevada law requires that the, licensee shall provide to the buyer or the representative of the buyer written notice signed by the seller which informs the buyer that the offer has not been accepted by the seller. (NAC 645.632).
No, Nevada law does not require that the written notice be on the face of the offer, but the easiest and quickest way to give written notice to the buyer would be to have the seller check the reject box on the offer, sign the form and return it to the buyer.

Q. A listing agent describes an offer to an out-of-town seller over the telephone. The seller verbally indicates his acceptance of that offer, which the listing agent communicates to the buyer. Before the seller receives and signs the original offer, the listing agent receives another offer which the seller wants to accept. Is there a binding contract with the first buyer?

A. No. Although the seller verbally accepted the first offer, under the Statue of Frauds (NRS 111.210) there would not be a binding contract because the seller did not sign the offer. Therefore, the seller would be free to accept the second offer.

Q. If a home does not appraise for the purchase price, can the buyer automatically get out of the contract?

A. The buyer would be able to do so if the contract was contingent upon the home appraising for the purchase price. Most purchase agreements used by local Nevada associations have terms providing for cancellation by the buyer if the appraisal is less than the purchase price. If not, another ground for the buyer to get out of the contract is the financing contingency. If the contract was contingent on the buyer obtaining financing and the buyer can not obtain that financing due to the low appraisal, the buyer could cancel the contract and get a refund of his or her earnest money deposit.

Q. A listing on the MLS had several appliances checked as staying with the property. After the parties closed escrow, the seller took the appliances listed on the MLS stating the buyer did not specify these items on the purchase agreement as part of the sale, so they did not have to leave them. The buyers thought the appliances were part of the sale because they were listed on the MLS. Is the buyer entitled to the appliances?

A. No. Although the appliances were listed on the MLS, the purchase agreement is the legal document that controls the terms of the sale between the buyer and the seller. Unless the appliances were listed on the purchase agreement, the seller was free to take them. Remember the MLS is an advertisement which is an invitation to make an offer. Advertisements are not offers. A buyer must list in his offer everything that he wants to be part of the contract. However, some appliances are fixtures such as stoves, built-in dish washers, built-in microwaves, etc. Fixtures are part of the property and are part of the sale.

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