North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0100 - GENERAL BROKERAGE › Section 58A .0114 - RESIDENTIAL PROPERTY AND OWNERS' ASSOCIATION DISCLOSURE STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every owner of real property subject to a
				  transfer of the type governed by Chapter 47E of the General Statutes shall
				  complete a Residential Property and Owners' Association Disclosure Statement
				  (hereinafter "Disclosure Statement") and furnish a copy of the complete
				  statement to a purchaser in accordance with the requirements of
				  G.S.
				  47E-4. The Disclosure Statement is a form
				  prescribed by the Commission and available on the Commission's website at
https://www.ncrec.gov/Forms/Consumer/rec422.pdf
.
				  The Disclosure Statement shall include the items set forth in
				  G.S.
				  47E-4(b1)(1) and the
				  following information pertaining to the property:
(1) property address;
(2) owner's name(s), signature(s), and date
				  of Disclosure Statement completion;
(3) year the dwelling was
				  constructed;
(4) any historic
				  designation or registration status which places a restriction on the
				  property;
(5) noise, odor, smoke,
				  or other nuisance from commercial, industrial, or military sources impacting
				  the property;
(6) existence of any
				  private road(s) abutting or adjoining the property and the maintenance
				  agreements, if applicable;
(7) type
				  of heating, cooling, water heater fuel sources along with the year each system
				  was manufactured;
(8) type of fuel
				  source, and, if the fuel source is stored in a tank, whether the tank is above
				  or below ground and leased or owned by the seller;
(9) type of water supply source and sewage
				  disposal system, and if serviced by a septic system, identify the number of
				  bedrooms allowed pursuant to permit;
(10) any violations impacting the property,
				  such as local ordinances, restrictive covenants, building codes, or other
				  land-use restrictions;
(11) whether
				  any portion of the property is designated as within a Special Flood Hazard Area
				  pursuant to Title 44, Chapter 1, Subchapter B, Part 65 of the Code of Federal
				  Regulations, has a flood elevation certificate, is insured for flood damage,
				  has experienced damage from natural events causing water seepage, or has had a
				  claim filed for flood damage or received federal financial assistance for flood
				  damage; and
(12) if there is any
				  problem, malfunction, or defect with the property's:
(A) roof, fireplaces, or chimneys;
(B) foundation, basement, crawl space, or
				  slab;
(C) windows, doors, patio,
				  deck;
(D) garage or other
				  structural component of the property;
(E) electrical, heating, cooling, or elevator
				  systems;
(F) plumbing, water
				  supply, sewer, or septic systems;
(G) fixtures or appliances to be conveyed
				  with the purchase;
(H) drainage,
				  grading or soil stability; and
(I)
				  condition caused by wood destroying insects or organisms.