Chapter 11 of 1618% of exam

Other North Carolina Laws and Disclosures

Beyond agency and brokerage operations, North Carolina imposes specific disclosure forms, transfer taxes, and property laws that brokers must know. This topic gathers those state-specific rules that affect residential transactions.

Residential Property Disclosure Statement

North Carolina requires most sellers of residential property to complete the Residential Property and Owners' Association Disclosure Statement, revealing known conditions or answering 'No Representation' for each item. The statement is not a warranty, so the seller does not guarantee the property is defect-free or promise to make repairs. If the seller fails to deliver the statement before the buyer makes an offer, the buyer may have a limited right to cancel under the statute. The form gives buyers information while allowing sellers to decline to represent certain conditions.

Excise Tax and Owners' Associations

North Carolina charges a real estate excise tax, sometimes called a transfer tax, of one dollar per five hundred dollars of value or fraction thereof, and it is customarily paid by the seller. When property is subject to an owners' association, the disclosure statement must address assessments and association obligations so buyers understand ongoing costs. Special assessments and dues can significantly affect affordability. Brokers should ensure buyers receive association documents and understand these recurring obligations.

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