Can I sell the property as-is if the problems are cosmetic, and how should that be written? – North Carolina

Short Answer

Yes. In North Carolina, a home can be sold “as-is,” including when the issues are only cosmetic, as long as required seller disclosure paperwork is handled correctly and nothing important is hidden or misstated. An “as-is” approach is usually done by (1) completing the required state disclosure statement(s) and (2) using contract language that says the seller will not make repairs and the buyer must do inspections during the buyer’s investigation period.

Understanding the Problem

In North Carolina, can a home seller market and sell a property “as-is” when the concerns are cosmetic, and how should that “as-is” approach be described in the paperwork? The decision point is how to communicate that the seller does not plan to fix cosmetic items, while still meeting North Carolina disclosure duties and keeping the contract terms consistent with the listing and negotiations. This comes up most often when a seller works with a real estate broker and sees suggested pre-sale touchups, but prefers to sell at the current condition and let the buyer decide what improvements to make after closing.

Apply the Law

North Carolina allows “as-is” sales, but “as-is” does not mean “no disclosures.” Most typical residential sales require the seller to provide the state-required Residential Property and Owners’ Association Disclosure Statement(s), and the seller must either (a) disclose items the seller actually knows about on the form or (b) choose the form option that the seller makes “no representations” as to the property’s condition (except as the contract otherwise provides). Timing matters because the disclosure paperwork is generally due no later than when the buyer makes an offer, and late delivery can create a short cancellation window for the buyer. If something later changes or the seller realizes a material inaccuracy, North Carolina law requires a prompt correction.

Key Requirements

Use the required disclosure statement(s): Most one-to-four family residential transfers require delivery of the state form(s), which may be included in the contract, an addendum, or a separate document.
Choose the disclosure approach and stay consistent: The seller generally either answers based on actual knowledge or checks the “no representations” option; “as-is” contract language should not contradict what the seller checks on the disclosure form.
Deliver and update on time: The disclosure statement(s) should be delivered by the time the buyer makes an offer; if delivered late, the buyer may have a limited right to cancel. If a material inaccuracy is later discovered, the seller must promptly correct it.

What the Statutes Say

N.C. Gen. Stat. § 47E-4 (Required disclosures) – Requires delivery of the standard residential property disclosure statement and allows a “no representations” option, with limits tied to actual knowledge and contract terms.
N.C. Gen. Stat. § 47E-5 (Time for disclosure; cancellation of contract) – Sets the timing for delivering the disclosure statement(s) and gives the buyer a short cancellation right if the seller delivers late.
N.C. Gen. Stat. § 47E-7 (Change in circumstances) – Requires prompt correction if the seller later discovers a material inaccuracy or the disclosure becomes materially inaccurate.

Analysis

Apply the Rule to the Facts: The seller is working with a broker and is concerned about cosmetic items the broker flagged. North Carolina law generally allows an “as-is” sale, but the seller still needs to deliver the required disclosure statement(s) on time and choose either “actual knowledge” disclosures or the “no representations” option in a way that matches the contract. If the seller later learns something that makes a prior disclosure materially inaccurate, the seller must correct it promptly even if the sale is “as-is.”

Process & Timing

Who files: The seller provides disclosures. Where: Delivered to the buyer (typically through the real estate broker and included with the offer packet or contract documents) in North Carolina. What: The standard Residential Property Disclosure Statement and, if applicable, the Owners’ Association and Mandatory Covenants Disclosure Statement (the state forms). When: No later than the time the purchaser makes an offer; if delivered late, the buyer may cancel within three calendar days of receipt or contract formation (whichever deadline applies first), and that right ends at settlement/occupancy.
Contract drafting step: Use clear “as-is / no repairs” language in the offer/contract so there is no misunderstanding that cosmetic issues will not be fixed. If the broker uses standard forms, the “as-is” approach is often expressed through a combination of (a) no repair obligations, (b) the buyer’s inspection rights during the buyer’s investigation period, and (c) a clear statement that the buyer is relying on inspections rather than seller promises.
Update step: If an event happens (or information is discovered) that makes the disclosure materially inaccurate, deliver a corrected disclosure promptly so the contract and disclosures remain aligned before closing.

Exceptions & Pitfalls

“As-is” is not a shield for inaccurate paperwork: A seller can choose “no representations” on the state form, but a seller still should not make statements that are knowingly false, and the seller must correct a material inaccuracy once discovered.
Mismatch between marketing and contract terms: Advertising “as-is” while later promising to repair or credit items can create confusion and disputes. The contract should match the intended deal: no repairs for cosmetic issues unless negotiated as a specific exception.
Over- or under-describing cosmetic items: Calling something “cosmetic” when it may reflect a larger condition issue can backfire. A safer approach is to describe observable conditions plainly (for example, “paint wear,” “worn flooring”) and avoid conclusions about cause unless supported by a report.
Late disclosure delivery: Late delivery can give the buyer a statutory right to cancel. That risk increases when documents are routed through online signature links that not all parties can access and review promptly.

Conclusion

In North Carolina, a seller can sell a home “as-is” even when the issues are cosmetic, but the deal still needs correct disclosure paperwork and clear contract language stating the seller will not make repairs except as specifically agreed. The key paperwork step is delivering the required Residential Property Disclosure Statement (and any required owners’ association disclosure) no later than when the buyer makes an offer, because late delivery can trigger a short, three-calendar-day cancellation window. The next step is to review the PDF contract packet and confirm the disclosures and “as-is” terms match.

Talk to a Real Estate Attorney

If there is concern about selling a home as-is in North Carolina and how to describe cosmetic issues in the contract and disclosure forms, our firm has experienced attorneys who can help explain options and timelines before an offer is accepted. 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.