Despite 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:
- If your home has polybutylene pipes.
- 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.
- If your home has hard coat stucco siding.
- If your home has asbestos siding, so long as it's not friable.
- If your home has hardboard siding.
- If your home has pressure treated lumber.
- 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).
- 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.)
- If anyone has died in the home, in general, or was killed in the home (but if asked, you cannot lie).
- If registered sex offenders live in the neighborhood.
- If your home is haunted.
- If your home has aluminum wiring.
- If your home was partially destroyed by fire or flood, so long as it was repaired and remodeled to code.
- 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.