What must a home seller disclose in North Carolina?

Q: What must a home seller disclose in North Carolina?

North Carolina's regime is unique in allowing "No Representation" responses under G.S. Chapter 47E . 1. Residential Property Disclosure Statement — G.S. § 47E-4 - Required for sales of residential real property containing 1-4 dwelling units . - Covers: water supply, sewage, roof, structural, electrical, plumbing, heating/cooling, environmental hazards , HOA assessments , flood zone , noise/nuisance , boundary/encroachments . 2. The "No Representation" Option - For each item the seller may check Yes , No , or No Representation . - "No Representation" is lawful and protects the seller from liability for that item — but cannot be combined with a false answer. - If seller chooses Yes or No, the answer must be truthful and complete . 3. Mineral, Oil and Gas Rights Disclosure — G.S. § 47E-4.1 - Separate form required since 2015 disclosing whether mineral/oil/gas rights have been severed. 4. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 5. Timing - Must be delivered no later than the time the buyer makes an offer . Late delivery gives buyer a 3-calendar-day right to cancel . 6. Exemptions — G.S. § 47E-2 - Court-ordered, foreclosure, transfer to/from government, transfers among co-owners or spouses, transfers by fiduciaries, and first-time sale of new construction . 7. "As-Is" Sales - An "as-is" clause does not override the statutory disclosure duty or shield against fraud . 8. Statute of Limitations - 3 years for fraud (G.S. § 1-52(9)) from discovery. - 3 years for breach of contract (G.S. § 1-52(1)). This is legal information, not legal advice.

Question

Accepted Answer

North Carolina's regime is unique in allowing "No Representation" responses under G.S. Chapter 47E.

1. Residential Property Disclosure Statement — G.S. § 47E-4

Required for sales of residential real property containing 1-4 dwelling units.

Covers: water supply, sewage, roof, structural, electrical, plumbing, heating/cooling, environmental hazards, HOA assessments, flood zone, noise/nuisance, boundary/encroachments.

2. The "No Representation" Option

For each item the seller may check Yes, No, or No Representation.

"No Representation" is lawful and protects the seller from liability for that item — but cannot be combined with a false answer.

If seller chooses Yes or No, the answer must be truthful and complete.

3. Mineral, Oil and Gas Rights Disclosure — G.S. § 47E-4.1

Separate form required since 2015 disclosing whether mineral/oil/gas rights have been severed.

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. Timing

Must be delivered no later than the time the buyer makes an offer. Late delivery gives buyer a 3-calendar-day right to cancel.

6. Exemptions — G.S. § 47E-2

Court-ordered, foreclosure, transfer to/from government, transfers among co-owners or spouses, transfers by fiduciaries, and first-time sale of new construction.

7. "As-Is" Sales

An "as-is" clause does not override the statutory disclosure duty or shield against fraud.

8. Statute of Limitations

3 years for fraud (G.S. § 1-52(9)) from discovery.

3 years for breach of contract (G.S. § 1-52(1)).

This is legal information, not legal advice.