What’s on the North Carolina Seller Disclosure Form?

A leaky roof in your Asheville home can mean costly repairs (or replacement) just when you’re trying to sell. Meanwhile, a termite problem in your Raleigh Colonial could delay your sale and leave you wondering what you need to tell potential buyers. These issues aren’t just headaches to deal with. They may also affect your disclosure responsibilities. The North Carolina seller disclosure form helps sellers understand what property information they may need to share with buyers.

Knowing what to disclose, what could happen if you leave something out, and when exceptions apply can save you trouble down the road. Let’s break down North Carolina’s disclosure rules so you can protect yourself and keep your home sale on track.

How Much Is Your Arizona Home Worth Now?

Get a near-instant real estate house price estimate from HomeLight for free. Our tool analyzes the records of recently sold homes near you, your home’s last sale price, and other market trends to provide a preliminary range of value in under two minutes.

What is the North Carolina seller disclosure form?

The North Carolina seller disclosure form, officially called the Residential Property and Owners’ Association Disclosure Statement, was created by the North Carolina Real Estate Commission (NCREC). It helps you tell buyers about any known issues with your home that could affect its value or influence their decision to buy it.

Under North Carolina law, residential property sellers generally need to provide a disclosure form, but they can choose to answer each question or select “No Representation” if they don’t want to give an answer. They still have to disclose certain hidden problems that buyers wouldn’t reasonably be able to spot on their own. Real estate agents also have a separate responsibility to share important property facts they know or should reasonably know.

Note: Even if you’re selling a home “as is” in North Carolina, you’re still required to be truthful and transparent about what you know.

What’s included in the North Carolina seller disclosure form?

Here’s a quick look at each section of the North Carolina seller disclosure form and what you’ll need to share. This guide will give you an idea of what to expect, but keep in mind that your actual form may look a little different.

Copy and paste this code into a WordPress Custom HTML block. The checkboxes will stay close together without extra spacing between items.

Copy and paste this directly into a WordPress Custom HTML block. Bullets are removed, checkboxes are retained, and a small space is added after each H3 heading.

Structure, windows, roof, and foundation

  • ☐ Year built and any structural changes
  • ☐ Exterior wall materials
  • ☐ Roof age and any leaks
  • ☐ Water seepage in basement, crawl space, or slab
  • ☐ Past or current infestations or unrepaired damage
  • ☐ Issues with foundation, floors, walls, ceilings, windows, doors, deck, garage, or fireplace

HVAC and electrical

  • ☐ Electrical system problems
  • ☐ Heating or cooling system problems
  • ☐ Heat and cooling sources, including the year of manufacture
  • ☐ Fuel sources (electric, gas, propane, oil, solar)

Plumbing, water, sewer, and septic

  • ☐ Water supply source and well testing (if applicable)
  • ☐ Pipe materials
  • ☐ Water heater fuel and age
  • ☐ Sewer or septic system type
  • ☐ Septic permit bedroom count and pumping history
  • ☐ Problems with plumbing, water supply, sewer, or septic

Fixtures and appliances

  • ☐ Elevator and last inspection (if present)
  • ☐ Issues with fans, irrigation, sump pump, garage door, pool and spa, gas logs, and security system
  • ☐ Problems with appliances or built-in systems that will convey

Land use and zoning

  • ☐ Drainage, grading, or soil concerns
  • ☐ Zoning, covenant, or building code violations
  • ☐ Easements, shared driveways, encroachments
  • ☐ Whether the property adjoins a private road and any maintenance agreements

Environmental and flooding

  • ☐ Hazardous materials (asbestos, radon, lead-based paint, etc.)
  • ☐ Environmental monitoring or mitigation systems
  • ☐ Underground tanks, debris, or contamination
  • ☐ Noise or odors from nearby industrial or military sources
  • ☐ Flood zone status, past flood damage, flood claims, FEMA or SBA assistance
  • ☐ Existing flood insurance or elevation certificate

Additional disclosures

  • ☐ Liens, lawsuits, judgments, or government notices affecting title
  • ☐ Existing leases or rental agreements
  • ☐ Covenants or restrictions outside the homeowners association (HOA)

Owners’ association (if applicable)

  • ☐ HOA name, dues, and contact information
  • ☐ Transfer fees
  • ☐ Approved changes to dues or assessments
  • ☐ Violations, lawsuits, or judgments involving the property or the association

Certain sales, such as some transfers between family members, foreclosure sales, and transfers handled by estate representatives, may also be exempt from the law. When in doubt, check which disclosure rules apply to your specific sale before completing the paperwork.

Additional disclosures: Along with the general disclosure form, North Carolina sellers may also need to fill out a separate form about mineral, oil, and gas rights. The Mineral and Oil and Gas Rights Mandatory Disclosure Statement explains whether the seller owns these rights and whether they’ll be included in the sale or retained by someone else. 

This matters because buying a home doesn’t always mean getting the rights to everything beneath the land. The form helps buyers understand what they’re getting before they agree to the sale. As the seller, you’ll need to provide the required information based on what you know. However, some types of sales may be exempt from this requirement.

Who doesn’t need to fill out North Carolina’s seller disclosure form?

Not every home sale in North Carolina requires the seller to complete the standard disclosure form. Under North Carolina General Statutes § 47E-2, some exceptions include foreclosure sales, court-ordered transfers, and property transfers handled by an estate representative or trustee.

Certain transfers between co-owners, spouses, or family members may also qualify for an exemption. Other exceptions can apply to brand-new homes that have never been lived in, some rent-to-own arrangements, and specific transfers involving government agencies. However, the rules vary depending on the type of sale, so don’t assume you’re exempt without checking first. Even if you don’t need to complete this particular form, other disclosure requirements may still apply.

What’s not required to be disclosed? North Carolina law does not require you to disclose if someone died in the home or if a sex offender lives nearby. You also don’t have to disclose your financial status or if a previous occupant had HIV or AIDs.

You’re also not obligated to disclose neighborhood rumors, the presence of supposed paranormal activity, or personal reasons for selling, unless you’re directly asked and your answer could be misleading.

Download and print our Disclosure Litmus Test

Download our printable checklist to help you get ready to fill out the North Carolina seller disclosure form. The questions on this Seller Disclosure Litmus Test reflect the types of details and issues you may need to reveal about your home and what buyers expect to know.

Check off anything that applies to your North Carolina property. If you’re unsure about something, make a note to ask your real estate agent or investigate further. The goal is to help you think through what needs to be documented and disclosed during the sale process.

What are the common mistakes sellers make on the disclosure form?

Mistakes on your North Carolina seller disclosure form can lead to delays, misunderstandings, and potential legal issues down the road. Even small oversights, like leaving out known property problems or providing inaccurate answers, can complicate the selling process. Here are some common mistakes to watch out for when filling out the form:

  • Leaving follow-up questions unanswered: When you mark “yes” on a question that asks for more information, be sure to fill in the explanation section. Skipping it could slow down the sale while you provide the missing details.
  • Making assumptions about your property: Don’t guess when you’re unsure about a property detail or its condition. Instead, indicate that you don’t know the answer or provide any information you can confirm.
  • Overlooking relevant paperwork: Keep records like inspection results, building permits, receipts for completed repairs, and warranty documents handy. These can back up the information you provide and help answer any questions buyers may have.
  • Leaving out problems that have been fixed: Previous issues still matter even if you’ve already addressed them. If your home had a roof leak or plumbing trouble, for example, include it in your disclosure even after the repairs are complete.
  • Downplaying property defects: Avoid making a problem sound less serious than it actually was. If the buyer later finds out the issue was more significant than you disclosed, you could face legal complications.

What if you fail to disclose something important?

If you fail to disclose a known material fact about your North Carolina home, the buyer may have grounds to cancel the contract or sue you after the sale. In some cases, nondisclosure can be treated as fraud under North Carolina law, especially if the omission appears intentional. Being upfront now helps prevent bigger headaches later.

When and how buyers review the disclosure

Under North Carolina General Statutes § 47E-5, sellers must give buyers the required disclosure forms by the time they make an offer on the house. If the seller misses this deadline, the buyer may have a short time to cancel the deal without moving forward with the purchase.

Generally, this deadline is the end of the third calendar day after the buyer receives the forms or signs the contract, whichever comes first, though other legal deadlines may apply. If the seller provides the forms on time, the buyer can’t use this specific rule to cancel the deal.

Find a Top Agent to Help You Navigate Disclosures

HomeLight’s free Agent Match platform can connect you with a top-performing agent in your market who can help you navigate your entire home-selling journey — from disclosures to closing.

Partner with a top North Carolina agent to protect your sale

Disclosing your home’s condition is one of the most important and legally sensitive parts of the selling process in North Carolina. A top local agent can help you understand what’s required, avoid common pitfalls, and provide expert guidance so you can complete the Residential Property and Owners’ Association Disclosure Statement accurately and confidently.

Unsure where to start? HomeLight’s free Agent Match platform connects you with trusted real estate agents in your North Carolina market. We analyze over 27 million transactions and thousands of reviews to determine which agent is best for you based on your goals and selling timeline.

See the top real estate agents in 10 North Carolina markets:

If you’re buying and selling at the same time, check out HomeLight’s Buy Before You Sell program, which can streamline the entire process so you only move once. Watch this short video to see how it works.

Header Image Source: (Daniel Weiss/Unsplash)

See what your home could sell for