14 Facts You DON'T Need To Disclose In North Carolina When Selling

By
Real Estate Agent with RE/MAX Executive | Charlotte, NC
http://actvra.in/52ps

Property Disclosures In North Carolina When SellingDespite the fact that home sellers have lots of disclosures they need to make when selling their home in North Carolina, there are 14 facts about their homes and neighborhoods that they DO NOT need to disclose,  as the State of NOrth Carolina does not consider these "material facts." But do keep in mind that these are North Carolina disclosure requirements and some of these items are required to be disclosed in other states.

 

14 Facts You DO NOT need to disclose when selling your home in North Carolina:

 

  1. If your home has polybutylene pipes.

  2. The square footage of your home (but if you do disclose, you are liable for the accuracy of the square footage). Also, if your home is listed in MLS, the local Multiple Listing Service may require square footage disclosure and then your agent is responsible for accurate measurement.

  3. If your home has hard coat stucco siding.

  4. If your home has asbestos siding, so long as it's not friable.

  5. If your home has hardboard siding.

  6. If your home has pressure treated lumber.

  7. If you are behind on mortgage payments (so long as no notice of foreclosure has been filed or you are not in a short sale situation).

  8. If anyone with AIDS/HIV is living in the home or has died in the home from the illness. (Do not ever discuss AIDS/HIV, as this is covered under federal handicapped protection.)

  9. If anyone has died in the home, in general, or was killed in the home (but if asked, you cannot lie).

  10. If registered sex offenders live in the neighborhood.

  11. If your home is haunted.

  12. If your home has aluminum wiring.

  13. If your home was partially destroyed by fire or flood, so long as it was repaired and remodeled to code.

  14. If your home has received multiple offers to purchase.

 

Don't forget that your agent is prohibited from discussing or providing any information about your neighborhood and area with respect to racial, religious, ethnic, social components.

 

In general, the overall rules to follow are:

 

  • If you disclose something, the information must be accurate or you may be held liable.

  • If you are specifically asked about something, you cannot give a false answer.

 

If you've given thought to being a FSBO (For Sale By Owner), this burden of knowing what to disclose and what not to disclose is one more reason to give serious consideration to using a Realtor® to help you with the sale of your home. The liabilities from improper disclosure can be significant.

 

WONDERING WHAT YOUR CHARLOTTE METRO AREA HOME IS WORTH IN TODAY'S MARKET OR HOW CAROLINAS REALTY PARTNERS CAN HELP YOU WITH THE SALE OF YOUR HOME?

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SEARCH ALL CHARLOTTE METRO AREA HOMES HERE

 

Nina Hollander, Broker, Realtor / REMAX / Carolinas Realty Partners / Ph: 704.779.0813 / F: 704.341.3346 / E: Nina@NinaHollander.com / W: www.GreatHomesInCharlotte.com

Nina Hollander
Broker, Realtor, CRS, GRI, ABR, SRES, CDPE, SFR, SPS, CMRS
Carolinas Realty Partners with RE/MAX Executive Realty
Direct: 704-779-0813
Website: www.GreatHomesInCharlotte.com
Blog: http://activerain.com/blogs/ninahollander
Search for Charlotte Area Homes: www.HomesInCharlotteArea.com

2007 - 2016 Charlotte Magazine 5-Star Customer Satisfaction Award Winner

 

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Disclaimer:  Nothing in this blog article is to be construed as legal advice, tax advice, or financial advice.  For legal advice see an attorney.   For tax advice or financial advice see a tax attorney, certified public accountant, or other qualified professional.

 

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. Lenn Harley 01/05/2015 08:06 PM
Topic:
Home Selling
Location:
North Carolina
Groups:
Local Expert
Charlotte NC Real Estate
Buyer Information - What Buyers Need to Know in Today's Market
Advice for Sellers
Union County NC Real Estate
Tags:
home selling
property disclosures in north carolina when selling a home
what you dont need to disclose about your home when selling

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Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

George Souto -- there are no issues with asbestos siding so long as it hasn't been disturbed and not having asbestos floating in the air (in other words, not friable). We do disclose siding in our mls. Lots of houses were built in the 40's and 50's with asbestos siding. Very durable--you just have to leave it alone..

Jan 06, 2015 08:32 PM #36
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Nestor & Katerina Gasset -- that's the rule of thumb, here as well. We don't necessarily volunteer information, but if asked we tell and have to be truthful in our response.

Jan 06, 2015 08:34 PM #37
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Claude Labbe -- I might just take you and Jon Kolsky up on that suggestion. Hadn't occurred to me until Jon mentioned it.

Jan 06, 2015 08:36 PM #38
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Gene Mundt -- now that's a great question as to what an appraiser or an underwriter would do with haunted house information. Depending on the buyer, one might argue it adds to value!

Jan 06, 2015 08:37 PM #39
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

George Souto -- just realized I didn't respond to your square footage comment. Different states have different requirements on disclosing square footage. Many states don't require it. The reason you see it on listings is because the local MLS requires it (such as mine here in Charlotte). In Atlanta, they haven't reported square footage in mls in forever. The main caveat is that if you report square footage it has to be an accurate number. (When I sold in NYC, we didn't have to report it either.)

Jan 06, 2015 08:39 PM #40
Ambassador
3,325,342
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I like this approach Nina. Sometimes we think that we have to tell everything and it is good to know that there is some leeway and we don't have to disclose everything.

Jan 06, 2015 10:15 PM #41
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Hi Debbie Reynolds... well if you saw my post the day prior, I had 28 thing we had to disclose on it. So isn't it nice we have some leeway on a few items?

Jan 06, 2015 10:21 PM #42
Rainer
44,141
Christine Yedo Johnson
RE/MAX Unlimited Inc. - Aurora, CO
ABR CRS CNE SFR

Always interesting to read about wht goes on  in other states.  In CO, we don't have to disclose about HIV or Aids, or if someone has died or ghosts, but the others are in a sellers property disclosure, which the seller fills out.  I think knowing if there is alumi9num wiring or PolyB pipes is important.  Our disclosure also has a column that says don't know.  If someone does not know, that is what it is for.  Sometimes a seller does not know.   I wills say our disclosure form is about 5 pages long, and if your seller is 70 years old, it will be very difficult for them to fill out.  Thanks for sharing. 

Jan 07, 2015 01:27 AM #43
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Hi Christine Yedo Johnson -- the non-disclosure of HIV/AIDS is a federal law. I've found that some people think that if they check "don't know" it absolves them of any liability, but NC says there are just some things that you as a seller must know or find out about and can't fall back on the ignorance argument. (Hey! I'm not that far off from 70 and my husband is 76--we can fill out forms just fine and do all the time. Have you ever filled out a medicare form? A property disclosure is a piece of cake!)

Jan 07, 2015 01:31 AM #44
Rainmaker
2,030,821
Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

hi Nina, Good post as these do it yourself folks need guidance from a Realtor about everything. Excellent list of non disclosures. 

Jan 07, 2015 06:28 AM #45
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

HI Robert (Bob) Gilbert -- not just the "do-it-yourself" folks, I'm afraid. I see agents all the time who fail to disclose what they need to and disclose what they don't need to!

Jan 07, 2015 06:47 AM #46
Rainmaker
430,146
Shanna Hall
Real Estate Solutions - Kirkwood, MO
I love selling houses!!!St. Louis, MO 314-703-1311

Nina Hollander some of the items you listed are completely new to me- we don't have a lot of Stucco in St. Louis- so I am not even sure what Hard Coat Stucco is;)  Is it different than other Stucco's?

Jan 08, 2015 12:35 AM #47
Rainmaker
522,476
Chuck Willman www.UtahHomes.me
www.UtahHomes.me - Alpine, UT
UtahHomes.me

The square footage requirement, or lack thereof is a curious one. In some of the smaller counties, the records can be inaccurate- and therefore, unreliable. 

Also, smaller homes that have been updated or added on to do not always have the new square footage listed in county records. If the new square footage is not listed then it is possible that the addition either has not been propertly applied for (and recorded). This is one of the larger red flags in my state.

Excellent list Nina.

Jan 09, 2015 12:47 AM #48
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Thanks, Chuck Willman. We don't use public records for square footage either--just too many egregeious inaccuracies. There's no state requirement to provide square footage, but there is an MLS requirement to do so. So in the end, we really do disclose square footage.

Jan 09, 2015 01:31 AM #49
Rainmaker
2,461,069
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Nina very interesting in our state death must be disclosed for three years natural or unnatural causes it does not matter...Endre

Dec 05, 2015 03:27 PM #50
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Endre Barath, Jr. ~it always amazes me, Endre, how these rules differ from one state to another.

Dec 05, 2015 10:28 PM #51
Rainmaker
1,195,139
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Interesting: not required unless asked.

Here, we use C.A.R. forms: Seller Property Questionnaire and TDS for seller to disclosure all material known facts about the property. The explanation should be clear, complete, and coherent. Regardless of disclosures, buyers have to conduct a careful inspection of the property. 

Oct 08, 2017 05:03 PM #52
Rainmaker
2,073,360
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Inna Ivchenko ~ hi Inna... we also have all those disclosure forms, but they don't specifically cover many issues and so there are always lots of questions as to what does or doesn't have to be disclosed. And then the state changes disclosure requirements on a regular basis, as well.

Oct 08, 2017 05:06 PM #53
Rainmaker
1,195,139
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

You guys do not have as many hungry lawyers as we do:) I fill up my AVID completely, everything I know or heard. And I ask my principals/sellers to do the same. 

Oct 08, 2017 05:10 PM #54
Anonymous
Larry moore

I bought house then found out no water access

Nov 12, 2017 03:38 PM #55
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