Real Estate Q&A Series

Can I challenge a realtor’s demand to repair a nonexistent defect before closing? – North Carolina

Short Answer

Yes. In North Carolina, a seller is not required to make repairs unless the signed contract or a later written addendum says so. If a claimed defect is unverified, you can refuse the repair, demand documentation, or offer no credit at all. Act within your contract’s Due Diligence Period, keep everything in writing, and escalate concerns about broker conduct to the firm’s broker‑in‑charge or the Real Estate Commission if needed.

Understanding the Problem

You are the seller in North Carolina asking whether you can say no when your realtor demands a repair you believe doesn’t exist before closing. The decision point is whether your current purchase contract obligates you to fix the item or give a credit. One salient fact: you dispute a supposed hole in the subfloor that you have not been allowed to verify.

Apply the Law

Under North Carolina practice, the standard residential offer to purchase gives buyers a Due Diligence Period to inspect and request repairs, but sellers generally have no duty to agree. Repairs become binding only if both sides sign a written agreement. Your listing agent owes you duties of loyalty, disclosure, and diligence, including presenting information and offers fairly and keeping you informed. When multiple owners or beneficiaries are involved, decision‑making must be even‑handed and documented, and material reports should be shared with all decision‑makers. If an agent pressures you to accept a repair or credit based on withheld or late information, you can decline, ask for proof, or request time to verify. If necessary, you can pursue contract remedies in court or report broker misconduct to the North Carolina Real Estate Commission.

Key Requirements

  • No contractual obligation: You can refuse repairs unless your signed contract or a signed addendum obligates you to perform them.
  • Evidence of a defect: Ask for the full inspection report, photos, invoices, and access to verify any claimed defect before agreeing to a credit or repair.
  • Written consent for credits/changes: Any price change, credit, or repair agreement should be in writing and signed by all titled sellers.
  • Fair information flow: All co‑owners should receive the same reports, offers, and comparables at the same time; document what was provided and when.
  • Broker duties and escalation: If your agent appears biased or withholds material information, elevate to the firm’s broker‑in‑charge and consider a complaint to the Real Estate Commission.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because sellers in North Carolina generally have no obligation to repair without a signed agreement, you can challenge the demand about the subfloor by refusing the repair and asking for the full inspection report, photos, and access to verify. Late delivery that shortened your response time supports a written request for more time to review and a clear record that you did not consent. If your agent gave market data and offers to your sibling but not to you, that undermines informed consent to any credit; you can withdraw or renegotiate a credit that was signed without equal information. If your realtor accepted the lowest bid without sharing comparables, you can insist on new bids and documentation before agreeing to any repair or price credit.

Process & Timing

  1. Who files: Seller. Where: Communicate through your listing agent and, if needed, the firm’s broker‑in‑charge in North Carolina. What: Send a written notice disputing the defect, demand the full inspection report and photos, and decline repairs or credits unless verified; request access for your contractor. For broker concerns, file a consumer complaint with the North Carolina Real Estate Commission (online at ncrec.gov). When: Do this before the Due Diligence Period ends (per your contract).
  2. If information was delivered late or withheld, request a short written extension of the Due Diligence Period so you can inspect and obtain competing bids; memorialize delivery dates and all responses by email.
  3. If the dispute threatens closing and no agreement is reached, consult counsel about a contract addendum confirming “no seller repairs,” or, in rare cases, seeking court relief (e.g., declaratory or injunctive relief) to enforce the contract as written. Separately, pursue any broker‑conduct complaint with the Commission.

Exceptions & Pitfalls

  • If you already signed a repair addendum or specific credit, you are typically bound; reversing it requires agreement or a legal basis (e.g., lack of material information at the time of consent).
  • Accepting a credit can be treated as ratifying a repair issue; keep proof if you later learn the “defect” did not exist.
  • Dual agency or conflicts require informed written consent; if your agent favored another party, escalate to the broker‑in‑charge and consider a Commission complaint.
  • Do not rely on verbal assurances; use clear written notices, track when you received reports, and preserve emails and documents.
  • Keep statements factual; avoid accusing anyone of fraud without proof.

Conclusion

In North Carolina, a seller can challenge and refuse a realtor’s demand to repair a disputed, unverified defect unless a signed agreement obligates the repair or credit. Require documentation, ensure all co‑owners receive the same information, and keep your responses in writing. The key threshold is whether the contract or an addendum requires repairs. Next step: send written notice to your agent and broker‑in‑charge disputing the defect, requesting evidence, and, if needed, asking for a brief Due Diligence extension before the period expires.

Talk to a Real Estate Attorney

If you’re dealing with a last‑minute, unverified repair demand or uneven information sharing before closing, our firm has experienced attorneys who can help you understand your 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.