Contributed by Matthew Hanks, Captain, Hanks Realty Group
🏡 4 Required Disclosures When Selling a Home in North Carolina
Thinking of selling your home in North Carolina?
Before you accept an offer, there are four disclosure forms you’ll likely need to complete — all designed to protect you and the buyer.
These forms make sure both parties understand the property’s condition, ownership details, and potential risks upfront. Here’s what each one is, why it matters, and where to get it.
1️⃣ Seller’s Property Disclosure
Form Name: Residential Property and Owners’ Association Disclosure Statement (REC 422)
Why It’s Needed:
This is the main disclosure every seller must provide. It details what you know about your home’s systems and structure — plumbing, electrical, roof, foundation, HVAC, and more.
All “material facts” must be disclosed to potential buyers.
In real estate, a material fact is any information that would significantly influence a reasonable person's decision to buy, sell, or lease a property, or affect how much they'd offer. This includes physical defects, title issues, or even "stigmatized" property facts (though laws vary).
You’ll also note whether the property is subject to an HOA (which leads to Disclosure #2 below).
This helps prevent surprises after contract and during the buyer’s Due Diligence Period, and keeps you compliant with the North Carolina Residential Property Disclosure Act.
📥 Download here:
👉 Residential Property Disclosure (Form REC 422)
2️⃣ Owners’ Association Disclosure (if applicable… if the property is in an “HOA”)
Form Name: Owner’s Association Disclosure Addendum (2A12-T)
Why It’s Needed:
If your home is part of a homeowners’ association, we need to disclose important HOA details such as:
- Association dues and assessments
- Common area maintenance responsibilities
- Restrictions or architectural guidelines
Buyers must know the financial and legal obligations they’ll inherit as part of the community.
📥 This is a “Realtor®” form, not a State form, so there isn’t a publicly available download. But we will share this document with you to be filled out if its applicable to your home.
3️⃣ Mineral, Oil & Gas Rights Disclosure (MOG)
Form Name: Mineral, Oil, and Gas Rights Disclosure Statement (REC 425)
Why It’s Needed:
Even if you own the land, someone else could own the rights to minerals or oil/gas beneath it.
This form tells the buyer whether those rights have been sold, leased, or reserved.
That knowledge protects the buyer and ensures no surprises if extraction rights are ever exercised.
📥 Download here:
👉 Mineral, Oil & Gas Rights Disclosure (Form REC 425)
4️⃣ Lead-Based Paint or Lead-Based Paint Hazard Addendum
Applies To: Homes built before 1978
Key Requirements for Form 2A9-T & Disclosures
- Applies to: Sales/leases of most residential properties built before 1978.
- Seller/Landlord Duty: Must disclose known LBP/hazards and give buyers/renters the EPA pamphlet, Protect Your Family from Lead in Your Home.
- Buyer/Renter Rights: A 10-day period to conduct inspections/risk assessments (at their expense).
- Form Content (2A9-T):
- Lead Warning Statement.
- Disclosure of known LBP/hazards (or lack thereof).
- Confirmation of brochure receipt.
- Buyer's acknowledgment of the 10-day testing period or waiver.
📥 More information here:
For access to this document: This Addendum is jointly created by NC Realtors and by the NC Bar Association for use by their members. We will provide this document for you (if applicable).
🧾 Why These Forms Matter
These disclosures aren’t just formalities — they’re your protection.
By providing complete and honest information, you:
- Build trust with your buyer
- Stay compliant with state and federal law
- Avoid delays, cancellations, or legal disputes later
⏰ When to Provide Disclosures
All required disclosures must be delivered before or at the time of the offer.
If you don’t, the buyer has up to three days after receiving them to cancel the contract.
🗣️ Final Word
Selling a home in North Carolina means more than a handshake — it means transparency.
These four forms help ensure that everyone involved has the same information, reducing the risk of problems down the road.
Honesty isn’t just the law — it’s the best way to sell with confidence.
Hanks Realty Group is here to guide you every step of the journey!!
Any other questions? Just ask!
Ready to chat? Book a time at your convenience to Chat with Matthew: HanksChat.com
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