NC Property Disclosure Statement: A Seller's Guide
Caul Group Residential, brokered by eXp Realty
Most people selling a home in North Carolina must give the buyer a Residential Property and Owners' Association Disclosure Statement before the buyer makes an offer. On the form, you answer each question Yes, No, No Representation or Not Applicable, and if you don't deliver it on time, the buyer may be able to cancel the contract.
This guide explains who must fill out the form, what each answer means, what happens if things change, and the separate rules for homes built before 1978. It explains the law in plain words. It is not legal advice, so talk with a real estate attorney about your own sale.
What is the NC property disclosure statement?
It is a form created by the North Carolina Real Estate Commission (NCREC), called form REC 4.22. State law, Chapter 47E of the North Carolina General Statutes, says when sellers must use it. The current form was revised in July 2026. You can see it on the NCREC website.
The form asks about the home in eight sections:
- A. Structure, floors, walls, ceilings, windows and roof, including new questions about fire damage and fire insurance claims
- B. Heating, air conditioning and electrical
- C. Plumbing, water, sewer and septic
- D. Fixtures and appliances
- E. Land and zoning
- F. Environmental and flooding, including flood zone, flood damage and flood insurance questions
- G. Other items, like liens, leases and covenants
- H. Owners' association, like dues, special assessments and transfer fees
Sellers also fill out a second NCREC form, the Mineral and Oil and Gas Rights Mandatory Disclosure Statement (REC 4.25).
Who must fill it out?
The law covers the sale of a home with 1 to 4 units. That includes houses, townhomes, condos and small multi-unit buildings. It applies whether or not you use a real estate agent (NCGS 47E-1).
Who does not have to (NCGS 47E-2)
Some transfers are fully exempt. Examples include:
- Court-ordered sales and foreclosures
- Sales by a fiduciary, such as the person settling an estate
- Sales from one co-owner to another
- Transfers to a spouse, or to children, grandchildren, parents or grandparents
- Transfers under a divorce or separation agreement
- Tax sales, and transfers to or from a government
Exempt from REC 4.22, but not from the mineral form
These transfers skip the disclosure statement but still need the mineral and oil and gas form:
- The first sale of a newly built home that no one has lived in
- A lease with an option to buy, where the tenant lives in the home
- A sale where the buyer and seller both agree in writing not to complete the disclosure statement
What the four answers mean
For every question, you check one box. The NCREC form explains each choice:
- Yes (Y). You know of the problem or the item. A Yes to a problem needs a written explanation, or you can attach a report from an expert.
- No (N). You do not know of a problem. Checking No when you do know of a problem may be an intentional misstatement.
- No Representation (NR). You choose not to say anything about that item. It can mean you know something and are not saying, or that you simply do not know.
- Not Applicable (NA). The item does not exist on the property. For example, a home with no pool would mark the pool question NA.
What the "No Representation" box really means
State law says that if you check No Representation, you have no duty to disclose that item, whether or not you should have known about it (NCGS 47E-4).
There are limits. The NCREC form warns that not disclosing a latent defect, which is a hidden problem a buyer could not easily see, may still lead to a lawsuit. Your listing agent also has a separate duty under NCREC rules. Agents must tell buyers about material facts they know or reasonably should know, even if you checked No Representation.
The disclosures on the form are yours, not your agent's. NCREC says agents cannot fill out the form for you.
When the buyer gets it, and when they can cancel
You must give the buyer the form no later than the time the buyer makes an offer. It can be part of the contract, an addendum or a separate paper (NCGS 47E-5).
If the buyer does not get the form by then, the buyer may cancel the contract. That right ends at whichever of these comes first (NCGS 47E-5):
- The end of the third calendar day after the buyer receives the form
- The end of the third calendar day after the contract date
- Closing or the buyer moving in
To cancel, the buyer must give written notice to you or your agent, by hand delivery or U.S. mail. The buyer owes no penalty, and any deposit must be returned.
Give the form early, and keep a copy signed by the buyer. NCREC tells sellers to keep that signed copy.
What if something changes after you fill it out?
If you learn your form is wrong, or something happens that makes it wrong, you must act. State law says to give the buyer a corrected form or fix the problem (NCGS 47E-7). The NCREC form gives the example of a roof that starts to leak after you fill it out.
Some issues stay important even after a repair. NCREC says structural problems and fire damage, for example, are still material facts agents must disclose.
Selling a home built before 1978: lead-based paint rules
A separate federal rule covers lead-based paint. It applies to most homes built before 1978, the year lead-based paint was banned for homes (U.S. Environmental Protection Agency, EPA).
Before the buyer signs a contract, the seller must:
- Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home
- Disclose any lead-based paint or lead hazards the seller knows about
- Share any records or reports the seller has about lead in the home
- Include the Lead Warning Statement in the contract
- Give the buyer 10 days to have the home inspected or assessed for lead. The buyer and seller can change this in writing, or the buyer can waive it.
Sellers must keep signed copies for 3 years. Agents must tell sellers about these duties. In North Carolina, this disclosure is usually made on the NC REALTORS Lead-Based Paint or Lead-Based Paint Hazard Addendum (Form 2A9-T).
Some homes built before 1978 are exempt, such as homes certified lead-free and foreclosure sales. The EPA lead disclosure page lists every exemption.
The EPA says: "Lead-based paint is usually not a hazard if it is in good condition. However, deteriorating (peeling, chipping, chalking, cracking, or damaged) lead-based paint is a hazard and needs prompt attention."
On the state form, lead-based paint also appears as a question in section F.
A seller's checklist
- Get the current NCREC forms (REC 4.22 and REC 4.25).
- Answer every question yourself. Your agent cannot fill it out for you.
- Gather repair records, reports and HOA papers that support your Yes answers.
- If the home was built before 1978, get the EPA pamphlet and the lead addendum ready.
- Give the forms to buyers before they make an offer, and keep signed copies.
- If anything changes before closing, tell your agent right away.
- Have legal questions? Talk with a real estate attorney.
For more seller questions, read our Raleigh Seller FAQ.
Frequently asked questions
Do I have to fill out a property disclosure statement to sell my house in NC?
Most sellers of a home with 1 to 4 units do. Some sales are exempt, including foreclosures, the first sale of a newly built home, sales by a fiduciary (such as the person settling an estate), and transfers to a spouse or to children, grandchildren, parents or grandparents (NCGS 47E-2). A few of these, like the first sale of a new home, still need the mineral and oil and gas form.
What does No Representation mean on the NC disclosure form?
It means you choose not to say anything about that item. You may know about it or not. State law says you then have no duty to disclose it, but NCREC warns that hiding a latent defect can still lead to a lawsuit, and agents must still disclose material facts they know.
When does the buyer have to get the disclosure statement?
No later than when the buyer makes an offer (NCGS 47E-5). Giving it early means the buyer has no cancellation right for a late form.
Can a buyer cancel if they did not get the disclosure form?
Yes. If the form was not delivered by the time of the offer, the buyer can cancel in writing. The right ends 3 calendar days after the buyer gets the form or after the contract date, or at closing or move-in, whichever comes first. The buyer's deposit must be returned (NCGS 47E-5).
Do I have to disclose lead paint when I sell my house?
If your home was built before 1978, a federal rule usually applies. You must give the buyer the EPA lead pamphlet, share any lead information and records you have, include the Lead Warning Statement and offer a 10-day chance to inspect (EPA).
Is the disclosure statement a warranty?
No. NCREC says the form is not a warranty. It tells buyers to get their own inspections.
Selling your home in the Triangle?
We are the #1 Resale team in the Triangle, with a team of about 50 agents. Our founder, Tina Caul, has been in Raleigh real estate since 2001, and we can walk you through every seller form before your home goes on the market.