Understanding Disclosure Laws in North Carolina Real Estate Sales
Understanding Disclosure Laws in North Carolina Real Estate Sales
When buying or selling a home in North Carolina, it’s important to understand your rights and responsibilities regarding disclosure. Real estate disclosure laws ensure that buyers receive key information about the condition of a property before finalizing a purchase. At The Stiltner Law Firm, PLLC, we assist clients in Hickory and the surrounding area with navigating these laws, helping protect both buyers and sellers from future disputes.
What Is a Real Estate Disclosure?
A real estate disclosure is a legal document in which the seller shares known issues or defects with the property. In North Carolina, this process is governed primarily by the Residential Property Disclosure Act (N.C. Gen. Stat. § 47E). The law applies to most residential real estate transactions involving one to four dwelling units.
Sellers must complete and provide the Residential Property and Owners’ Association Disclosure Statement and, if applicable, the Mineral and Oil and Gas Rights Mandatory Disclosure Statement. These forms require sellers to disclose certain known conditions affecting the property—or affirmatively state that they make “no representation.”
Key Disclosure Requirements in North Carolina
North Carolina is unique in that it follows a “caveat emptor” (buyer beware) approach but still requires sellers to provide disclosures unless the buyer and seller mutually agree to waive them in writing. Some of the most common disclosures include:
- Defects in structure or systems (plumbing, electrical, HVAC, roof, etc.)
- Pest infestations or water damage
- Zoning violations or code enforcement actions
- Environmental issues, such as lead-based paint (required federally for homes built before 1978)
- Membership and fees related to homeowners’ associations (HOAs)
Failure to disclose known issues can lead to serious legal consequences, including the potential for the buyer to rescind the sale or pursue damages in court.
Buyer’s Due Diligence Still Matters
Even with disclosure requirements, buyers are encouraged to conduct their own home inspections and title searches. The disclosure form is not a warranty. It simply reflects the seller’s knowledge of the property’s condition at the time of sale.
Legal Guidance Can Protect Your Interests
For sellers, legal assistance ensures that disclosures are accurate and complete, reducing the risk of liability. For buyers, a real estate attorney can help evaluate disclosures and recommend further inspections or legal remedies if hidden problems emerge after purchase.
Serving Hickory with Trusted Real Estate Legal Support
At The Stiltner Law Firm, PLLC, we guide clients in Hickory through every stage of the residential real estate transaction. Whether you’re selling your first home or purchasing an investment property, we’re here to help you comply with North Carolina’s disclosure laws and protect your investment.
