Do I Need Disclosures, Inspections, and What Legal Risks Should I Know About When Selling My Home?

If you're thinking about selling your home in Cumberland County or the surrounding Fort Liberty area, it’s smart to ask: “What do I legally have to disclose? Do I need inspections? What risks am I responsible for?”

North Carolina is a buyer-beware state, but that doesn’t mean sellers can skip disclosures or ignore known issues. Understanding your responsibilities up front protects you from legal headaches down the road—and makes the selling process smoother and safer.

Let’s break it all down in simple, seller-friendly terms.

1. Required Seller Disclosures in North Carolina

North Carolina requires most sellers to complete two key documents:

✔ Residential Property & Owners’ Association Disclosure (RPOADS)

This is a required form where you answer questions about:

• The condition of the home

• Systems and appliances

• Utilities

• Environmental concerns

• HOA information (if applicable)

You can answer “Yes,” “No,” or “No Representation.” “No Representation” means you’re not making a claim either way—but you cannot hide known major issues.

✔ Mineral, Oil, and Gas Rights Disclosure (MOG)

This discloses whether you’ve ever severed or leased your mineral, oil, or gas rights.

Failing to provide these disclosures properly can give the buyer legal rights to cancel or pursue damages.

2. Should You Get a Pre-Listing Inspection?

A pre-listing inspection is optional—but extremely helpful in certain situations:

Get one if:

• Your home is older

• You’re unsure of the condition of major systems

• You want fewer surprises during negotiations

• You want to fix issues before buyers see them

You may skip it if:

• Your home is newer and well-maintained

• You’re selling as-is

• You don’t want to make repairs upfront

Even without an inspection, you must disclose known issues, especially with roof, HVAC, plumbing, electrical, or structural elements.

3. What Happens If a Buyer’s Inspection Finds Problems?

Buyers in North Carolina almost always order their own home inspection.

If repairs are needed, you have options:

• Make repairs

• Offer a repair credit

• Reduce the price

• Decline repairs and see if buyer continues

North Carolina’s “Due Diligence” period gives the buyer the right to walk away for any reason—but they lose their due diligence fee if they do.

Strong negotiation matters here—and I walk my sellers through every step.

4. Legal Risks Sellers Should Be Aware Of

Selling a home comes with a few important legal responsibilities. Here’s where sellers sometimes get into trouble:

❌ Not disclosing known issues

If you knowingly hide major defects (foundation issues, leaks, HVAC failure, etc.), the buyer can sue after closing.

❌ Making unpermitted repairs or additions

If you added a room, deck, or converted space without permits, it must be disclosed.

❌ Misrepresenting the property

This includes:

• Square footage errors

• HOA misinformation

• Not sharing past insurance claims

• Incorrect boundary/lot details

❌ Failing to disclose past water intrusion or mold

Even if repaired, it must be mentioned.

❌ Selling a home with safety hazards without disclosure

Examples: exposed wiring, broken railings, missing smoke alarms.

When in doubt, disclose. Transparency protects you.

5. How Your Agent Helps Protect You Legally

With me on your side, you won’t face any of this alone. I help you:

• Complete all required disclosures

• Review inspection findings

• Understand your repair options

• Avoid liability from hidden defects

• Work with a trusted attorney during closing

• Navigate negotiations confidently

• Good guidance reduces stress and legal risk.

Frequently Asked Questions

1. Do I need to disclose everything I know?

You must disclose known material facts, especially issues affecting safety, structure, or systems. Hiding problems can create legal liability after closing.

2. Can I sell my home “as-is”?

Yes—but you still must provide required disclosures. “As-is” simply means you don’t plan to make repairs.

3. What if I truly don’t know the condition of something?

You can select “No Representation” on the disclosure form. This is allowed and common in North Carolina.

4. Do I need to disclose past repairs?

Yes, especially if they relate to structural, moisture, roof, or mechanical issues.

5. Do I have to fix anything after the buyer’s inspection?

No. Buyers can request repairs, but you decide what you’re willing to do.

6. What if a buyer later claims I hid something?

If you filled out disclosures honestly and didn’t hide known problems, you’re protected. Documentation and transparency are key.

If you’d like me to walk through your home and help you prepare your disclosures or decide whether a pre-listing inspection is right for you, I’m here to guide you step-by-step.

Ready to make your move? I’ll help you craft a smart, competitive offer that aligns with your goals. Call or text me at 910-916-9315, or visit closewithcassienc.com to start your home search today. Close with Cassie – where service meets strategy.