Dec222025
Real Estate Q&A Series

What recourse do I have if a real estate agent or their contact damages my property before closing? – North Carolina

Short Answer

In North Carolina, a seller generally has recourse if a real estate agent, a buyer, or someone they bring onto the property causes damage before closing. Common options include (1) demanding repair or a credit through the contract/closing process, (2) pursuing an insurance claim when appropriate, and (3) pursuing a civil claim for property damage (and sometimes seeking help from the North Carolina Real Estate Commission if broker conduct is involved). The best approach depends on proof of who caused the damage, how serious it is, and how close the transaction is to closing.

Understanding the Problem

In a North Carolina home sale, what happens if a real estate agent (or someone connected to the agent, buyer, or showing) damages the seller’s property after the contract is signed but before the closing? Can the seller require repairs, delay closing, or seek payment without being blamed for the damage? How should the situation be handled when there is an upcoming appraisal and concerns about access to the home and protecting personal items?

Apply the Law

Under North Carolina law, damage caused by someone who enters a property without proper care or without proper authority can create civil liability for property damage. In a pending sale, the purchase contract also matters because it typically sets out the parties’ rights if the property is damaged before closing, including whether the buyer can demand repair, accept a credit, or terminate in limited situations. If the damage involves a licensed broker’s conduct (or conduct the broker directed or allowed), a complaint to the North Carolina Real Estate Commission may be an additional option, separate from any civil claim.

Key Requirements

  • Proof of responsibility: Evidence must connect the damage to a specific person or to a person acting under someone’s direction or authorization (for example, a showing arranged through an agent or a contractor sent to the property).
  • Actual damage and documentation: The condition of the property before and after the incident should be documented so the amount and nature of the damage can be shown in a clear, practical way (photos, video, receipts, and written estimates).
  • Proper forum and procedure: Contract-based solutions run through the closing process and the parties’ attorneys/agents, while civil claims typically go through North Carolina courts; broker-discipline issues go through the North Carolina Real Estate Commission.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With a pending sale and an approaching appraisal, the key first step is to preserve proof of the home’s condition and of who had access (lockbox logs, showing confirmations, messages arranging entry, security camera footage if available). If the damage was caused by a broker, buyer, or a contact they arranged to enter, that helps satisfy the responsibility element; if access was unauthorized or exceeded permission, the facts may also support an unauthorized-access theory. Because closing is scheduled, the most practical recourse often starts with contract-level solutions (repair, credit, or escrow holdback) while preserving the option to pursue a civil claim if needed.

Process & Timing

  1. Who acts: The seller (often through the closing attorney) and, if applicable, the listing agent. Where: Communication typically runs through the real estate agents and the closing attorney handling the North Carolina closing. What: A written notice describing the damage, the date discovered, a request to preserve evidence (including lockbox/showing records), and a request for a resolution (repair, credit, or escrow holdback). When: As soon as the damage is discovered and before closing so it can be addressed in closing documents if needed.
  2. Stabilize the situation: Take time-stamped photos/video, obtain at least one repair estimate, and limit access to the property to scheduled, confirmed entries. If personal items are at risk, remove or secure them and document what remains in the home before the appraisal and any further showings.
  3. Choose the track that fits the problem: (a) If the parties agree, resolve it through a repair, price adjustment, or escrow holdback at closing; (b) if there is no agreement or there is suspected wrongdoing, consult litigation counsel about a civil claim and consider whether a complaint to the North Carolina Real Estate Commission is appropriate for broker misconduct issues.

Exceptions & Pitfalls

  • Misidentifying the responsible party: Accusing the wrong person can derail settlement and create new conflict. Focus first on objective proof (who accessed the property, when, and what changed).
  • Letting access stay “open”: Continuing to allow broad, undocumented entry (shared codes, unscheduled visits, multiple keys in circulation) makes it harder to prove responsibility and increases the risk of more damage or missing items.
  • Insurance and subrogation surprises: Depending on the type of loss, a homeowner’s insurance claim may help, but insurers often want prompt notice and documentation, and they may pursue reimbursement from the responsible party.
  • Closing-wire fraud risk: Any “changed wiring instructions” received by email or text should be treated as suspicious until independently verified using a trusted phone number obtained from a reliable source.
  • Mixing contract issues with discipline issues: A Real Estate Commission complaint can address broker conduct and licensing discipline, but it does not automatically pay for repairs; a contract solution, insurance, or civil claim usually addresses money damages.

Conclusion

In North Carolina, when an agent or someone connected to the transaction damages a seller’s property before closing, the usual recourse is to document the damage, confirm who had authorized access, and then seek a practical resolution through the sale process (repair, credit, or an escrow holdback) while preserving the option of a civil claim if needed. The key next step is to provide written notice and a proposed resolution to the agents and closing attorney before the scheduled closing date.

Talk to a Real Estate Attorney

If a pending North Carolina closing is threatened by suspected property damage, access issues, or disputes over who is responsible, an attorney can help protect the sale timeline, preserve evidence, and structure a repair/credit/escrow holdback that matches the situation. Call 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.

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.