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NC Seller Disclosures: What Nash County Sellers Must Do

October 16, 2025

Selling in Nash County and wondering what you must tell buyers? North Carolina requires specific disclosures that protect you and keep deals on track. You want a smooth sale, fewer surprises, and strong buyer confidence. This guide shows you the required forms, timing rules, what to disclose, and Nash County steps that save time and reduce risk. Let’s dive in.

What NC law requires

North Carolina’s Residential Property Disclosure Act requires sellers of 1–4 unit residential property to give buyers a state disclosure form before or at the time the buyer makes an offer. You can answer based on your actual knowledge or choose “No Representation” where you truly do not know. The law explains what is required and how corrections work if facts change after delivery. Review the statute in Chapter 47E of the North Carolina General Statutes.

Use the official NCREC forms. Most homes require the Residential Property and Owners’ Association Disclosure Statement and, if applicable, the Mineral, Oil and Gas Rights Mandatory Disclosure. You can find both on the North Carolina Real Estate Commission Forms page.

Who must disclose and when

You must deliver the required disclosure form no later than the time the buyer makes an offer. If you deliver late, the buyer may cancel the contract within a short window that commonly lasts through the third calendar day after they receive the form. The timing and buyer cancellation rights are set out in G.S. 47E‑5.

Lead-based paint rules

If your home was built before 1978, federal law adds extra steps. You must disclose known lead-based paint information, give buyers the EPA/HUD pamphlet, and offer a 10-day period for lead inspection unless they waive it in writing. See the federal requirements summarized in the Code of Federal Regulations for lead-based paint.

What you must disclose

The disclosure form focuses on what you actually know about the property. Intentional misstatements or hiding known material facts can lead to serious problems. Brokers also have a duty to disclose material facts they know or should know, and the Commission expects early, written disclosure of such facts. Review current guidance in the NCREC material facts bulletin.

Core topics buyers expect

  • Structure and systems, such as roof, foundation, HVAC, electrical, plumbing, and water heater.
  • Flood zone status, prior water intrusion, and any flood insurance claims.
  • On-site wastewater and water source, including septic permits, bedroom count, and private or shared wells.
  • Owners’ association details, including dues, services provided, and special assessments.
  • Mineral, oil, and gas rights, including whether rights have been severed.
  • Recorded matters that affect use, such as easements or restrictive covenants.

Nash County specifics to prepare

Septic and well records

In Nash County, many properties rely on septic systems or private wells. Buyers often ask for the septic permit and approved bedroom count, plus any well permits or water test results. You can obtain permits and records from Nash County Environmental Health using the county’s Sewage Disposal and Well Inspection page.

Flood zone and water history

Confirm whether your property sits in a Special Flood Hazard Area and gather any documents related to prior water intrusion or flood claims. The Nash County GIS MapViewer is a helpful starting point to check parcel and flood layers. Explore those layers on the Nash County GIS page.

Recorded encumbrances to check

Easements, covenants, and severed mineral rights can affect buyer decisions and must be disclosed when known. Search recorded documents through the Nash County Register of Deeds. Buyers may also ask about tax parcel IDs and assessed values, which you can confirm through the Nash County Tax Office.

How to limit risk and build trust

Attach expert or public-agency reports to your disclosure when you rely on them, such as inspection reports, engineering evaluations, septic records, or HOA documents. State law recognizes reasonable reliance on those reports, which can help limit liability when used properly. You still must disclose known facts and correct any inaccuracies. For the governing rules, see Chapter 47E in the North Carolina General Statutes.

Step-by-step seller checklist

  1. Download and complete the current NCREC disclosures: the Residential Property and Owners’ Association Disclosure and, if applicable, the Mineral, Oil and Gas Rights form. Share them with buyers no later than the time of offer using the NCREC Forms page.
  2. For pre-1978 homes, provide the federal lead-based paint disclosure, the pamphlet, and the 10-day inspection option as outlined in the federal rules.
  3. Gather key documents: septic and well permits, lab results, building permits, inspection and repair invoices, flood claim history, HOA bylaws and contacts, and any mineral rights documents.
  4. Verify septic permits and confirm the approved bedroom count through Nash County Environmental Health at the sewage and well page. Make sure your listing matches the permit’s bedroom count.
  5. Check flood status and note any prior water events. Use county parcel tools on the Nash County GIS page.
  6. Attach expert and agency reports to your disclosure when appropriate. This can support accuracy and reduce disputes.
  7. Keep copies of everything you deliver and promptly correct your disclosure if facts change. Late delivery gives buyers a cancellation window under G.S. 47E‑5.

Common mistakes to avoid

  • Delivering the disclosure after the buyer’s offer. This can open a cancellation window. Aim to deliver early.
  • Guessing on answers. Use “No Representation” only when you truly do not know, and attach reports where possible.
  • Failing to disclose water intrusion, flood claims, or high-impact repairs you know about.
  • Listing a bedroom count that exceeds the septic permit.
  • Believing an “as-is” sale removes disclosure duties. Known material facts must still be disclosed. See the NCREC material facts bulletin.

When to bring help

If you face complex issues like severed mineral rights, significant water history, or potential environmental concerns, consider getting expert evaluations and talking with a real estate attorney before you sign the disclosure. A proactive approach, paired with clear documentation, helps you avoid delays and protects your deal.

Ready to sell in Nash County?

You do not have to manage disclosures alone. With deep local experience, building know-how, and strong transaction volume in Rocky Mount and Nash County, our team can help you gather records, prepare forms, and present your home with confidence. When you are ready to list, connect with Foote Real Estate Group to get started.

FAQs

What forms are mandatory for Nash County home sellers?

  • Most 1–4 unit home sales require the Residential Property and Owners’ Association Disclosure and, if applicable, the Mineral, Oil and Gas Rights disclosure, both available from the NCREC Forms page.

When must I give disclosures to a buyer in North Carolina?

  • Deliver the disclosure no later than when the buyer makes an offer, or the buyer may cancel within a short window defined in G.S. 47E‑5.

Do I have to disclose past flooding in Nash County?

  • Yes, disclose known flood zone status, water intrusion, and any flood insurance claims, and verify location details using the Nash County GIS page.

How do septic permits affect bedroom count?

  • The septic permit limits the approved bedroom count, and buyers expect listings and disclosures to match; obtain records from Nash County Environmental Health at the sewage and well page.

Are “as-is” sales exempt from disclosure?

What if I learn new information after I deliver the disclosure?

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