Asked in Real Estate Law for North Carolina

Q: Does the seller of a house have to legally disclose to you that there is a unresolved road maintenance issue?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in North Carolina

A: How does the road issue relate to the house/property being sold? Is this a private road or a public road? And what exactly do you mean by an "unresolved road maintenance issue?"

There is a residential real property disclosure form - these are the minimum required disclosures:

§ 47E-4. Required disclosures.

(b) The North Carolina Real Estate Commission shall develop and require the use of a standard disclosure statement to comply with the requirements of this section. The disclosure statement shall specify that certain transfers of residential property are excluded from this requirement by G.S. 47E-2, including transfers of residential property made pursuant to a lease with an option to purchase where the lessee occupies or intends to occupy the dwelling, and shall include at least the following characteristics and conditions of the property:

(1) The water supply and sanitary sewage disposal system;

(2) The roof, chimneys, floors, foundation, basement, and other structural components and any modifications of these structural components;

(3) The plumbing, electrical, heating, cooling, and other mechanical systems;

(4) Present infestation of wood-destroying insects or organisms or past infestation the damage for which has not been repaired;

(5) The zoning laws, restrictive covenants, building codes, and other land-use restrictions affecting the real property, any encroachment of the real property from or to adjacent real property, and notice from any governmental agency affecting this real property; and

(6) Presence of lead-based paint, asbestos, radon gas, methane gas, underground storage tank, hazardous material or toxic material (whether buried or covered), and other environmental contamination.

The form created by the NC Realtors goes into more detail and asks:

whether the property is the subject of any lawsuits or notices from any government agency. The form also asks if building codes, ordinances, zoning, covenants or land use restrictions.

So arguably the problem could fall within one of these two categories depending on what you mean by "unresolved issue."

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