What Real Estate Agents Should Never Say About Property Conditions
Real estate agents are often the first point of contact between a property and the market. In that role, agents are expected to market homes effectively, communicate clearly, and build buyer confidence. But when it comes to property condition, certain statements can create significant legal risk if they are inaccurate, unverified, or later contradicted by inspections or disclosures.
This article outlines categories of statements agents should avoid—or carefully qualify—to reduce exposure to misrepresentation claims and transaction disputes. Buyers remember what agents say.
Never State or Imply You Personally Verified Condition
Agents should avoid statements that suggest firsthand verification of property condition unless they have actually performed an appropriate inspection or have documentation supporting the claim. Examples to avoid:
“I checked everything and it’s in great shape.”
“The roof is fine.”
“The plumbing is all new.”
“There are no issues with the property.”
Even if based on seller representations, these statements can create liability if later proven inaccurate.
Avoid Absolute Statements Like “No Issues” or “No Problems”
Absolute language is one of the most common sources of post-closing disputes. Risky phrases include: “No known issues”, “No defects”, “Everything works perfectly” and “Nothing wrong with the property.” Property condition is rarely absolute, and even minor issues discovered later can create conflict if earlier statements were overly broad.
Don’t Minimize or Dismiss Known Defects
In Nevada, real estate licensees have a duty to disclose to each party, as soon as practicable, material and relevant facts about the property that the licensee knows or should know through reasonable care and diligence. NRS 645.252. Nevada’s residential disclosure materials also emphasize that licensees must disclose material and relevant facts in a transaction. If a defect is known, disclosed, or visible, agents should never downplay its significance. Avoid statements such as “It’s nothing major”, “That’s just cosmetic”, “Easy fix” or “Not a big deal.” What seems minor to one party may be material to another buyer, lender, or inspector. Even when the agent didn’t intend to mislead anyone, saying “it’s no big deal” may later be characterized as an attempt to downplay a material condition and looks like concealment.
Be Careful With Statements About Repairs or Renovations
Agents should avoid confirming quality or compliance of repairs unless verified by appropriate documentation. Unless the agent has reliable documentation and is qualified to make the statement, comments about the quality of repairs and permits can create problems. Even then, the better approach is to refer the buyer to the actual documents, permits, invoices, warranties, inspection records, seller disclosures, and qualified professionals. Remember, don’t turn “the seller says it was fixed” into “it was fixed.”
Avoid Guaranteeing Systems or Components
Even well-functioning systems can fail after closing. Avoid statements such as:
“The HVAC is brand new and won’t have any issues.”
“The roof has a 20-year life left.”
“Appliances are guaranteed to work.”
Instead, condition should be described based on available information, not guarantees of future performance.
Don’t Interpret Inspection Reports for Clients
Agents should be cautious about summarizing or interpreting inspection results. An inspection report is not an invitation for the agent to become a contractor, roofer, plumber, electrician, mold expert, engineer, or fortune teller. Even if the agent is trying to be helpful, those statements can create problems because the buyer or seller may rely on them. If the condition later turns out to be serious, the agent’s casual comment can be used to argue that the agent minimized the issue, gave inaccurate advice, or discouraged further investigation.
The safer approach is to point the client back to the inspection report and recommend qualified professionals.
Avoid Statements About Invisible or Unknown Conditions
Agents should not speculate about conditions that cannot be confirmed visually or through documentation. Real estate agents sell homes. They do not diagnose roofs, foundations, plumbing, electrical systems, or mysterious stains that look suspiciously like ‘future litigation. These conditions may exist without visible signs at the time of showing or listing.
Be Careful With “As-Is” Statements
“As-is” doesn’t mean “say less.” An as-is sale may limit repair obligations, but it doesn’t give an agent permission to ignore or minimize known material facts. The safer message is: “The property is being sold as-is, but known material issues still need to be disclosed and evaluated.” Even in “as-is” sales, agents should not suggest that condition issues are irrelevant or nonexistent.
Final Thoughts
Real estate agents don’t need to avoid discussing property conditions. However, precision matters. The safest approach is to describe what is known, avoid what is assumed, and clearly distinguish between observation, representation, and opinion. In short, don’t diagnose, don’t minimize and don’t speculate! Careful language not only reduces legal exposure—it also builds trust and professionalism in every transaction.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created, and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
Lee A. Drizin, Esq. is the founder of Drizin Law and has practiced in Las Vegas for over three decades. His work focuses on probate, estate planning, trusts, and guardianship, with particular experience handling contested probate and administration matters. A UNLV graduate with a Master of Laws in Taxation from Boston University, Lee has built his career helping Nevada families navigate some of the most difficult times in their lives.
