Thinking about listing your Holly Springs home? One of the fastest ways to derail a sale is mishandling North Carolina’s property disclosures. You want a smooth closing and strong price, and clear disclosures help you get there. In this guide, you’ll learn what NC law requires, what to include on the form, local checks specific to Holly Springs, and simple steps to avoid costly mistakes. Let’s dive in.
NC law essentials
North Carolina’s Residential Property Disclosure Act sets the rules for most home sales. You must complete the state’s statutory disclosure and share known material facts about your property’s condition. North Carolina is often described as a buyer beware state, but you must be truthful and avoid hiding defects. You can review the statute in the N.C. General Statutes, Chapter 47E.
The North Carolina Real Estate Commission provides the official disclosure form and guidance. Your listing agent will supply the form and help you deliver it to buyers. You can find resources on the NCREC forms and consumer page. If your sale might be exempt, or you have special circumstances, consult an attorney for case-specific guidance.
What to include on the form
Complete every section honestly and to the best of your knowledge. Common categories include:
- Structural components: foundation, roof, walls, windows, and doors.
- Systems: HVAC, electrical, plumbing, and water heater.
- Water and sewer: public water/sewer vs. private well or septic, plus any known problems.
- Environmental issues: known mold, asbestos, radon if known, underground tanks, or contamination if known.
- Pest history: termites or other wood-destroying organisms, treatments, and repairs.
- Additions/permits: any unpermitted work or code issues you know about.
- Boundaries/easements: known encroachments or disputes.
- Flooding/water intrusion: prior flooding, chronic drainage, or leaks.
- Insurance/litigation: insurance claims tied to the property and any pending or past disputes.
- HOA details: existence of an HOA, regular dues, and any known special assessments.
You must disclose known latent defects that a typical inspection might not uncover. Do not conceal or paint over issues to hide them. If you are unsure whether something is material, it is safer to disclose and discuss with your agent or attorney.
Lead-based paint for pre-1978 homes
If your home was built before 1978, federal law requires a lead-based paint disclosure. You must give buyers the EPA/HUD pamphlet and allow time for a lead inspection opportunity. Learn more from the EPA’s overview of the Protect Your Family from Lead in Your Home pamphlet.
Holly Springs checks to run
Holly Springs and broader Wake County have a mix of newer subdivisions and homes in quickly developing areas. A few local checks will help you complete the form with confidence.
- Flood zones and stormwater: Verify your FEMA flood zone and disclose any known flood history or insurance claims. Use the FEMA Flood Map Service Center and local resources from the Town of Holly Springs for stormwater questions.
- Permits and additions: Decks, bonus rooms, and finished spaces are common. Gather permits and final inspections for past work. If you suspect unpermitted work, disclose what you know and when you learned it, and consult the Town of Holly Springs or Wake County permitting.
- HOA documents: Many neighborhoods have active HOAs. Collect CC&Rs, bylaws, dues info, and any special assessment notices. Buyers often ask for recent financials and meeting minutes.
- Public utilities vs. private systems: Some homes use private wells or septic. Disclose the system type and any known issues. For general guidance on wells and septic, visit the North Carolina Department of Environmental Quality.
- County records: For deeds, plats, and tax details, check Wake County resources. These records can help you confirm boundaries, easements, and permit history.
Pre-listing checklist
Before you hit the market, organize your paperwork and consider a few proactive inspections. This reduces surprises and builds buyer trust.
- Complete the NC Residential Property Disclosure fully and keep a signed copy.
- Gather records: closing docs, permits, inspection reports, warranties, and repair invoices.
- Collect pest treatment records and any insurance claim documents.
- If you have a well or septic, include inspection and pump records.
- Pull HOA documents: CC&Rs, bylaws, dues schedule, special assessment notices, and recent statements.
Consider pre-listing inspections to identify issues early:
- General home inspection and roof evaluation.
- Termite/wood-destroying organism inspection.
- Septic inspection and pump (if applicable), well water test, and a radon test.
If you decide not to repair a known issue, disclose it clearly and share any estimates you obtained. Keep a dated copy of everything you provide to buyers.
Common mistakes to avoid
- Leaving blanks or guessing: If you do not know, say you do not know, but do not guess.
- Concealing defects: Painting over mold or hiding leaks can create serious liability.
- Skipping flood and drainage history: Buyers value transparency on water issues.
- Ignoring permit status: Disclose known unpermitted work and gather what you can.
- Minimizing HOA details: Note dues and any pending or approved special assessments.
- Missing lead rules for older homes: Provide the federal lead disclosure and pamphlet when required.
Timing and delivery
Provide the disclosure as early as possible, ideally before or when you list. The statute and standard contracts outline delivery rules and potential buyer remedies if the disclosure is missed or late. You can review requirements in Chapter 47E of the NC statutes and the NCREC’s consumer resources. When timing is unclear, talk with your agent and consider seeking legal advice.
When to call an attorney
Some situations carry higher risk and deserve legal guidance. Consider calling a real estate attorney if you have:
- Known water intrusion, mold, or structural concerns.
- Boundary disputes, encroachments, or easement questions.
- Unpermitted additions or conversions.
- Estate, divorce, or court-ordered sales where exemptions may apply.
- Prior or pending litigation tied to the property.
- Pre-1978 homes with known lead hazards.
How Quin Realty Group helps
You do not have to navigate disclosures alone. Our team pairs deep Triangle market experience with a concierge process that keeps your sale on track. We help you gather records, coordinate pre-listing inspections, and confirm essential local details like permits and HOA documents. With Compass Concierge, we can also manage value-adding updates and staging so your home shows its best while your paperwork is in order.
Ready to sell with confidence? Reach out to Quin Realty Group to align your disclosure, prep, and marketing plan for a smooth, stress-reduced sale in Holly Springs.
FAQs
What does North Carolina’s disclosure law require for home sellers?
- You must complete the state disclosure and share known material facts and latent defects, while avoiding any concealment. Review the law in Chapter 47E and consult counsel when uncertain.
What must I disclose about flooding or water issues in Holly Springs?
- Disclose any known flooding, drainage problems, or water intrusion and check your FEMA zone at the FEMA Flood Map Service Center; provide any related insurance claim details you know.
Do I have to disclose unpermitted work or code issues?
- Yes, disclose what you know about additions or work done without permits or with code concerns, and gather any records available from the Town of Holly Springs or Wake County.
What are the rules for lead-based paint in older homes?
- For homes built before 1978, provide the federal lead disclosure, deliver the EPA/HUD pamphlet, and allow buyers a chance to inspect; see the EPA’s guide to the lead pamphlet requirements.
Are HOAs common in Holly Springs and what should I disclose?
- Many neighborhoods have HOAs; disclose the association, regular dues, and any known special assessments, and gather CC&Rs and recent statements for buyer review.
What happens if I forget to disclose something important?
- Buyers may seek remedies such as rescission or damages; impact depends on the issue and intent, so prioritize complete disclosure and consult an attorney if a concern arises.
