Short Answer

Yes. In North Carolina, you can push back on a buyer’s defect claim by providing your own credible inspection and insisting that any repair credits or concessions be supported by evidence and put in a signed addendum. Sellers must disclose known material facts and avoid misstatements, but they are not required to agree to repairs or credits during due diligence. If the buyer disagrees, their remedy is to negotiate or terminate within the contract’s due diligence period.

Understanding the Problem

You are the seller in North Carolina asking: can I challenge a buyer’s repair demand when my own inspection shows the reported defect doesn’t exist? The key decision is whether and how to object during the buyer’s due diligence period, while keeping disclosures accurate. One salient fact: your inspection found no hole under the flooring even though the buyer claimed one existed.

Apply the Law

North Carolina residential sales are driven by the contract’s due diligence framework. Buyers may inspect and request repairs or credits, but the seller can say no and offer evidence that the claimed defect is not real or not material. Sellers must disclose known material facts and avoid misrepresentation, regardless of any “as is” terms. Any agreement to repair or credit must be in a signed writing to change the contract. The main “forum” is contract negotiation through the parties’ agents and closing attorney; the key timing point is the Due Diligence Date in the contract.

Key Requirements

• Evidence-based response: Provide your inspection report, photos, or contractor opinion that rebuts the buyer’s claim.
• Accurate disclosure: You must disclose known material facts and correct any prior statements that are inaccurate.
• Written modification: Repairs or credits bind only if both parties sign a written addendum before closing.
• Due diligence timing: The buyer must decide—negotiate further or terminate—by the contract’s Due Diligence Date.
• Closing documentation: Any agreed credits must appear on the final settlement statement your closing attorney prepares.

What the Statutes Say

• N.C. Gen. Stat. Chapter 47E (Residential Property Disclosure Act) – Sets seller disclosure duties and timing for the residential disclosure form.
• N.C. Gen. Stat. § 47E-6 (Disclosure form not a warranty) – The form itself isn’t a guarantee; sellers must act in good faith.
• N.C. Gen. Stat. § 47E-7 (Time of delivery) – Requires providing the disclosure form before contract execution or as otherwise specified.

Analysis

Apply the Rule to the Facts: Your inspection showing no hole under the flooring is strong evidence to reject that specific repair demand. You can provide the report to the buyer’s side, state that no concession is warranted for that item, and confirm in writing that only the microwave credit and tub repairs will be honored. Because information was shared unevenly, send your report directly to the buyer’s agent and the closing attorney so everyone has the same record. Make sure your agreed credits are captured in a signed addendum and reflected on the closing statement.

Process & Timing

1. Who files: Seller (through their broker or attorney). Where: Send to the buyer’s agent and the North Carolina closing attorney. What: A written response attaching your inspection report and a proposed contract addendum for any agreed credits/repairs. When: Do this before the contract’s Due Diligence Date and before the closing attorney finalizes the settlement statement.
2. Negotiate remaining items. If no agreement is reached, the buyer must either proceed to closing or terminate before the Due Diligence Date. County practices and agent responsiveness can affect timing.
3. Finalize closing: the closing attorney updates the settlement statement, collects signatures, records the deed with the Register of Deeds, and disburses funds according to the signed contract and addenda.

Exceptions & Pitfalls

• If new information shows a real defect, update your disclosure and correct prior statements; failure to do so can create liability.
• Verbal agreements don’t change the contract—use a signed addendum, and ensure lender approval for credits.
• Uneven or late sharing of reports causes disputes; send your report to both the buyer’s agent and the closing attorney.
• If your report is inconclusive on structural or hidden issues, consider a licensed contractor’s opinion to avoid later claims.
• Make sure the settlement statement lists any credits; otherwise the closing attorney cannot disburse funds accordingly.

Talk to a Real Estate Attorney

If you’re dealing with disputed inspection claims and repair or credit demands during due diligence, 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.