5 minute read
What North Carolina requires sellers to disclose
The Residential Property and Owners' Association Disclosure Statement, the mineral and oil and gas statement, lead paint, and what No Representation really means.
Two required statements
North Carolina requires two forms from the Real Estate Commission before a buyer makes an offer: the Residential Property and Owners' Association Disclosure Statement (RPOADS) and the Mineral and Oil and Gas Rights Mandatory Disclosure Statement. They are required for most residential sales, including for-sale-by-owner sales, with limited exceptions such as new construction and transfers between co-owners.
Yes, No, or No Representation
Each question on the RPOADS can be answered Yes, No, or No Representation. No Representation means you are not making a statement either way; it is allowed on every question. It does not protect you from a claim that you knew about a defect and hid it. Buyers also read a form full of No Representation as a signal. The practical approach: answer what you know, explain any Yes, and use No Representation only where you genuinely do not know.
Homes built before 1978
Federal law adds the lead-based paint disclosure: whether you know of lead paint or hazards, any records you have, the EPA pamphlet to the buyer, and a ten-day window for the buyer to test. Most contracts include the waiver; the disclosure still has to be given.
When to deliver them
Before the buyer signs an offer. If a buyer does not receive the statements before contract, they get a three-day right to cancel. We draft them from your intake answers, the broker reviews them, and they are attached to the listing so agents can pull them before writing an offer.
Updated September 11, 2026. General information for North Carolina and South Carolina sellers, not legal or tax advice.