Dec62025
Real Estate Q&A Series

What disclosures about the property’s condition do I need to make to the new buyer, and what happens if something changes before closing? – North Carolina

Short Answer

In North Carolina, most residential sellers must give the buyer three written disclosure forms about the property’s condition, any owners’ association, and any severed mineral or oil and gas rights, or else clearly state “no representation” where allowed. These disclosures are due no later than when the buyer makes an offer. If a material fact on a disclosure becomes wrong before closing, the seller must promptly correct the statement or fix the issue, or the buyer may have legal remedies under the contract and North Carolina law.

Understanding the Problem

The question here is: under North Carolina real estate law, what information about a home’s condition and related matters must a residential seller disclose to a buyer, and what must happen if an important condition changes between signing the contract and closing? This comes up when a buyer makes an offer, the parties sign a contract, and then something significant occurs, such as a new roof leak or discovery of a defect. The concern is whether the seller must update disclosures, and what rights the buyer has if the property is not in the expected condition at closing.

Apply the Law

North Carolina’s Residential Property Disclosure Act requires most residential sellers to provide standardized disclosure statements that either describe known conditions or state that the seller makes no representations where that is permitted. The law also requires updated disclosures if a material change or inaccuracy arises before closing. Buyers receive certain contract rights, including the right to cancel within a short window if the disclosures are late, and potential remedies if the property is not in substantially the same condition at closing as when the offer was made.

Key Requirements

  • Provide required disclosure forms on time: The seller must deliver the mandated disclosure statements (property, owners’ association if applicable, and mineral and oil and gas rights) no later than when the buyer makes an offer.
  • Disclose known conditions or choose “no representation” where allowed: For each item on the forms, the seller either discloses what is actually known or, where the form allows, states that no representation is being made.
  • Correct material inaccuracies that arise before closing: If an event or new information makes a prior disclosure materially inaccurate, the seller must promptly provide a corrected statement or make repairs, or face the buyer’s contract remedies.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because no specific facts are given, consider two simple scenarios. If a seller completes all three North Carolina forms accurately and nothing significant changes before closing, the seller generally meets the disclosure duties. If, however, a major plumbing leak occurs after the forms are delivered and it materially affects the home, the seller must either correct the disclosure to describe the new problem or repair the damage; otherwise, the buyer may be able to invoke contract remedies, especially if the contract requires the property to be in substantially the same condition at closing.

Process & Timing

  1. Who files: The seller of the residential property. Where: The forms are delivered to the buyer or the buyer’s agent, typically through the listing or buyer’s real estate broker in North Carolina. What: The standard North Carolina “Residential Property and Owners’ Association Disclosure Statement” and the “Mineral and Oil and Gas Rights Mandatory Disclosure Statement” published by the North Carolina Real Estate Commission. When: No later than the time the buyer makes a written offer to purchase, exchange, or option the property.
  2. After receiving the disclosures, the buyer reviews them along with inspections and other due diligence. If the seller delivers the disclosures late (after the offer), the buyer may have up to three calendar days (subject to the statute’s specific triggers) to cancel the contract without penalty by proper written notice.
  3. If any material change occurs before closing that makes a disclosure inaccurate, the seller prepares and delivers a corrected disclosure statement or makes the necessary repairs. At closing, the parties complete settlement based on the updated condition, or the buyer may pursue contract remedies if the property is not in substantially the same condition and the seller did not correct or repair as required.

Exceptions & Pitfalls

  • Certain transfers, such as some new construction, transfers by estates, or foreclosures, may be exempt from these statutory disclosure forms, although other duties (including fraud or misrepresentation rules) can still apply.
  • Sellers sometimes think that marking “no representation” everywhere prevents all liability. It does not excuse false statements or concealment of known, material defects outside the form, and it does not change specific contract promises about condition at closing.
  • Failing to update disclosures after a substantial new defect, such as major water damage or structural movement, can create disputes over breach of contract and potential claims based on misrepresentation or concealment.
  • Service and notice issues matter: a buyer’s cancellation based on late disclosures must be in writing and delivered or properly mailed within the statutory time. Missing this deadline can waive the right to cancel under the disclosure statute.

Conclusion

Under North Carolina law, most residential sellers must give buyers standardized disclosure forms about the property’s condition, any owners’ association, and any mineral or oil and gas rights status no later than when the buyer makes an offer, either by disclosing known conditions or choosing “no representation” where the statute permits. If an event or discovery makes a disclosure materially inaccurate before closing, the seller must promptly correct the statement or repair the issue, or risk buyer remedies for failure to deliver the property in substantially the same condition as when the offer was made. The key next step for a seller is to complete and deliver the current North Carolina disclosure forms through the real estate professionals involved before accepting an offer, and update them promptly if any material change occurs.

Talk to a Real Estate Attorney

If a residential sale in North Carolina involves questions about what must be disclosed, how to handle new problems that arise before closing, or what remedies may be available, our firm has experienced attorneys who can help explain options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.