Selling My South Park Home: What Does North Carolina Make Me Tell the Buyer?

If you're selling a South Park home, North Carolina requires you to give the buyer a completed Residential Property and Owners' Association Disclosure Statement, no later than when the buyer makes an offer. For each question you answer Yes, No, or No Representation. That last choice means you are choosing not to say anything about that item, even if you know about it.

Quick Answer: North Carolina sellers of one- to four-unit homes complete a state disclosure form and give it to the buyer by the time of the offer. "No Representation" is a choice not to disclose a condition, and it doesn't mean the seller doesn't know. Jennifer Ledford, a Charlotte-area REALTOR with The Ledford Group at eXp Realty, helps South Park sellers finish the form before they list.

I'm Jennifer Ledford, and South Park is one of my lead markets. Sellers ask me about this form more than almost any other piece of the paperwork. It looks simple. The wrong box can cost real money later.

A note first: I'm a real estate agent, not an attorney. This is plain-language information, not legal advice. Ask your attorney before you sign anything.

What does North Carolina require me to tell the buyer?

Sellers of residential property with one to four dwelling units must complete the Residential Property and Owners' Association Disclosure Statement under North Carolina General Statute 47E, according to Nolo's legal guide to North Carolina disclosures (last updated August 2023). The North Carolina Real Estate Commission approves the form.

The commission's form says you must:

- Answer every question by filling in information or checking a box. You only have to disclose what you know.

- Explain every "Yes" answer by describing the problem or attaching a report from a qualified expert or public agency.

- Deliver the signed form to the buyer no later than when the buyer makes an offer.

- Correct the form promptly if something changes after you complete it.

- Stay responsible for the form, even when a licensed broker helps with the sale.

Some transfers are exempt, according to Nolo, including those that carry out a court order such as estate administration, transfers between spouses or direct blood relatives, and foreclosure sales. Check the full list in G.S. 47E-2 with your attorney.

What does "No Representation" mean on the form?

The commission's form lists three boxes for each question: Yes, No, and No Representation. The form describes them this way:

- Yes: you must explain your answer.

- No: you are stating that you have no actual knowledge of any problem. If you know of a problem and check No anyway, the form warns you may be liable for an intentional misstatement.

- No Representation: you are choosing not to disclose the conditions or characteristics of the property, even if you have actual knowledge of them or should have known of them.

That last one trips people up. It isn't "I don't know." It's "I'm not saying." Nolo points out that overusing it can make buyers suspicious, and they may send inspectors to look harder at those areas.

Should I check Yes, No, or No Representation?

I can't tell you what to check on your form. Your attorney can. Here's how I think about it with sellers.

If you know about a problem, the answer is Yes. Explain it, and attach the receipt or report if you have one. A repaired roof leak with an invoice reads differently from a blank space.

If you know of no problem, the answer is No. Be sure that's the case. Think back over every year you've owned the house.

If you can't answer, say with a rental you inherited or a house you've never lived in, No Representation can be a fair choice. Expect the buyer to put an inspector on that area.

What changed on the form recently?

The commission revised the form effective July 1, 2024, according to its Year-End Wrap-Up bulletin. The main change was more detailed questions about flooding and related issues. Port City Daily's June 2024 coverage listed questions such as whether any structure on the property has ever flooded, whether you've filed a flood insurance claim, and whether the home has flood insurance.

If you own a condo or a home in an owners' association, the form also asks for the association's name, dues, any approved special assessments, and unsatisfied judgments or pending lawsuits involving the property or the association, according to an earlier commission bulletin. Gather the HOA paperwork early, because management companies can be slow to respond.

Two other items to ask your attorney about: North Carolina has a separate Mineral, Oil, and Gas Rights Disclosure Statement under G.S. 47E-4.1, and federal law requires lead-based paint disclosure on older homes.

I read an older copy of the commission's form for the wording above. Ask your agent for the current version and use that one.

Does my agent have to disclose anything too?

Yes. Brokers have their own duty to disclose material facts they know about, according to an ABC11 explainer from 2017. The commission's bulletin adds that a licensed broker who is also the seller must still disclose known material facts, even after checking No Representation. If I know something that matters to the buyer's decision, I can't stay quiet because you checked a box. I tell sellers that on day one, so nobody is surprised later.

What should I gather before I list my South Park home?

South Park has a lot of homes with history, and the paperwork should match. Here's what I ask sellers to pull together before photos:

1. Repair receipts and permits for the roof, HVAC, plumbing, electrical, and any additions. 2. Any inspection, termite, crawl space, or foundation reports. 3. Insurance claim records, including any water claim. 4. HOA or condo documents, dues, and any approved assessments. 5. Your survey, if you have one.

Finish the form before the listing goes live. Buyers get it by the time they make an offer, and a clean, complete form shows up early in negotiations.

What do I show buyers after the paperwork?

Once the form is done, show what makes the home worth a visit. Buyers ask about Phillips Place, dinner at Rooster's Wood-Fired Kitchen on Morrison Boulevard, and the trails at Freedom Park. If your home sits in Montibello, Sharon Woods, or Barclay Downs, they'll want the lot, the layout, and what's been updated.

Not sure how your price lines up with recent sales? Start with a free home value request.

How do I handle this with South Park sellers?

Under the Committed Client Method, I show you the data behind the price and walk you through the disclosure form before we list. I won't wing a deadline, and I'll tell you the truth when a box is a bad idea. You decide, with your attorney's advice. If you want real numbers on your address, request your South Park home value here.

Frequently asked questions

What does a North Carolina seller have to disclose? Sellers of one- to four-unit residential property complete the state's Residential Property and Owners' Association Disclosure Statement and give it to the buyer no later than the offer. You answer each question Yes, No, or No Representation, and you only disclose what you know. Ask your attorney about your situation.

What does "No Representation" mean on the North Carolina disclosure form? It means the seller is choosing not to disclose a condition or characteristic of the property, even if the seller knows about it, according to the North Carolina Real Estate Commission's form. It does not mean the seller lacks knowledge. Buyers may respond by ordering more inspections in those areas.

Do I have to disclose flood history on a North Carolina home? The commission revised the form effective July 1, 2024, and added more detailed flood questions, including whether any structure on the property has flooded and whether there is flood insurance. Ask your agent for the current form and your attorney how to answer.

When do I give the disclosure form to the buyer? No later than when the buyer makes an offer, according to the commission's form. I ask my sellers to complete it before the home lists, so it's ready at the first showing.

About Jennifer Ledford: Jennifer Ledford is a licensed real estate agent with The Ledford Group at eXp Realty LLC, serving buyers and sellers across Mecklenburg, Union, Stanly, and York Counties since 2016. She is among the top 3% of 18,000+ agents in the Charlotte Metro, an eXp ICON, and has guided 250+ clients through some of the most significant transactions of their lives. Reach her at 704-607-6996 or https://the-ledford-group.com.

Jennifer Ledford | 📞 704-607-6996 | 🌐 https://the-ledford-group.com

About the author

Jennifer Ledford, REALTOR, has helped Charlotte-area buyers and sellers full time since 2016, with 250+ homes sold. She is a Certified Negotiation Expert with The Ledford Group at eXp Realty LLC.

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