How can I get clear information about the garage issue before closing on a property? – North Carolina

Short Answer

In North Carolina, get clarity on a garage issue by verifying the sellers’ authority to convey title, ordering a current survey, and pulling zoning/building records before your due diligence deadline. If any owner is an estate representative, minor, or spouse on a tenancy-by-the-entirety title, additional court orders or signatures may be required. Put any garage-related fix or risk allocation into a written contract addendum before due diligence expires.

Understanding the Problem

You are buying a North Carolina home from multiple co-owners. One owner has not signed the purchase agreement, and you want clear information about a “garage situation” before closing. The narrow question is: how do you confirm what the garage is, where it sits, and who can legally commit to fix or disclose issues before your due diligence period ends?

Apply the Law

North Carolina law requires land sale contracts to be in writing and signed by the party to be charged, and all title holders (and, in some cases, spouses) must sign the deed to convey full title. If a seller’s interest is held through an estate or by a minor or incompetent person, the Clerk of Superior Court may need to authorize the sale or confirm the transaction, and missing parties can create title defects. The main offices you’ll interact with are the county Register of Deeds (for deeds, plats, and restrictions), the Clerk of Superior Court (for estate/special proceeding orders), and local inspections/planning for permits and zoning. Your contract’s due diligence deadline is the practical clock that controls when you must resolve the garage issue or walk away.

Key Requirements

• Written, signed agreement: A land contract must be in writing and signed by the party to be charged; missing seller signatures limit enforceability and can jeopardize closing.
• All necessary signers for title: Every record owner must sign the deed; if the property is owned by spouses as tenants by the entirety, both must join in a conveyance.
• Estate or minor ownership authority: If any seller signs as a personal representative or if a minor/incompetent owns an interest, verify court authority or orders that permit the sale; missing parties or orders can leave title unmarketable.
• Disclosure and diligence: Sellers must provide the state property disclosure form; buyers should obtain a survey, permit records, and zoning information to confirm garage location, legality, and any encroachment or setback issues.
• Resolve in writing before the deadline: Document any fix, credit, or risk allocation in a signed addendum before the due diligence period expires.

What the Statutes Say

• North Carolina Gen. Stat. § 22-2 (Statute of Frauds) – Contracts for the sale of land must be in writing and signed.
• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – A conveyance of property held by spouses generally requires both signatures.
• North Carolina Gen. Stat. § 28A-17-10 (Executor’s sale authority under a will) – When a will vests title in the personal representative, the representative may sell under court-governed procedures.
• North Carolina Gen. Stat. § 47E-4 (Residential Property Disclosure Statement) – Requires sellers to provide the state disclosure form; timing and remedies depend on delivery.

Analysis

Apply the Rule to the Facts: Because one co-owner has not signed the contract, you cannot rely on receiving 100% title unless all owners (and any necessary spouses) sign the deed at closing. Before closing, confirm whether any co-owner is signing in a fiduciary capacity (for an estate) or if any owner is a minor/incompetent; if so, look for the Clerk’s order or other authority allowing the sale. For the garage, use a current survey and local permit/zoning records to determine if the structure is permitted, within setbacks, and free of encroachments, then negotiate a written addendum addressing the result before your due diligence deadline.

Process & Timing

1. Who files: Buyer or buyer’s attorney. Where: Request records from the county Register of Deeds (deeds, plats, easements, restrictive covenants), the Clerk of Superior Court (estate/special proceeding files, if applicable), and the city/county Inspections and Planning departments (permits, COs, zoning setbacks). Coordinate document requests through the sellers’ counsel as asked. What: Copy of current deed(s), recorded plat, any encroachment or easement agreements, HOA restrictions, letters testamentary/administration and any court order authorizing sale, building and electrical permits, and a new boundary survey. When: Complete these tasks during the contract’s due diligence period and before it expires.
2. Evaluate and negotiate: If the survey or records show the garage encroaches or lacks permits, require a clear plan (e.g., recorded encroachment agreement, permit final approval, or removal/repair) and confirm that all required sellers and spouses will sign. Expect 1–2 weeks for agencies to provide records; county timing varies.
3. Document resolution: Finalize a signed addendum that resolves the garage issue (repair, approval, agreement, or risk allocation) and confirms all necessary signatures and any court authority for title. At closing, obtain and record any related instruments (e.g., encroachment agreement) with the Register of Deeds.

Exceptions & Pitfalls

• Estate or minor ownership: If an owner is an estate representative or a minor/incompetent, confirm the Clerk’s authority/order permits the sale; missing parties or orders can leave title unmarketable and may require court confirmation.
• Omitted signers: If a co-owner or required spouse does not sign, the deed cannot convey that interest. Do not assume closing will cure this.
• Encroachments without agreements: A garage over a lot line or into a right-of-way generally requires a recorded encroachment or easement agreement; verbal assurances are not enough.
• Unpermitted work: If the garage was converted or wired without permits, some jurisdictions will not “retro-permit” without opening walls and inspections; build time into your due diligence.
• Disclosure timing: State disclosure forms must be delivered under Chapter 47E; remedies can depend on when you receive them. If late or incomplete, ask counsel about contractual and statutory options.

Talk to a Real Estate Attorney

If you’re dealing with a garage location, permitting, or encroachment concern and incomplete seller signatures, 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.