North Carolina Real Estate Disclosure Requirements
There are three primary disclosure requirements in North Carolina. Click the links below to view the disclosure forms and learn more about each requirement.
- North Carolina Residential Property and Owners’ Association Disclosure Statement
- North Carolina Mineral and Oil and Gas Rights Disclosure Statement
- Federal Lead-Based Paint Disclosures and Pamphlet (if built before 1978)
We will need your completed disclosures in order to activate your MLS listing. You can send the disclosures to us by uploading them in the MLS listing section or by submitting a support request here. We will add your disclosures as attachments to your MLS listing. Buyer agents will have them signed and included with any offer.
Any fact that could affect a reasonable person’s decision to buy, sell, or lease is considered a material fact and must be disclosed to the parties in the transaction and any interested third parties. A broker is required by law to disclose to each prospective buyer any material fact about a property of which broker is aware or should reasonably be aware, even if the seller chooses not to disclose such material fact or makes no representation concerning the matter.
Buyer 3 Day Right to Terminate
The buyer has a three-day right to terminate (rescind) a sales contract when the seller (or seller’s agent) fails to deliver the disclosure statements to the buyer (or buyer’s agent) prior to or at the time the buyer makes an offer. The buyer has no recourse if the disclosure statements are delivered in a timely manner or if the buyer agrees that the Residential Property and Owners’ Association Disclosure Statement is not necessary. While the parties may agree to waive the Residential Property and Owners’ Disclosure Statement requirement, they cannot waive the seller’s duty to provide the Mineral and Oil and Gas Rights Disclosure Statement.
Accuracy of Data (e.g. Square Footage)
All data that is submitted to the MLS must be accurate. Certain items, such as square footage, is of particular importance. If the square footage information that you have provided differs from what is in tax records, you will need to provide a sketch and calculations - please see the North Carolina Residential Square Footage Guidelines here: https://www.ncrec.gov/Brochures/Measurement%20booklet%202013.pdf
Include Your Disclosures on Your MLS Listing
When you list your home on the MLS with homecoin.com, we can upload your disclosures directly in your MLS listing, so you can easily comply with North Carolina law. Learn more about our flat fee MLS service here: https://homecoin.com/flat-fee-mls/north-carolina