In North Carolina, we operate under a legal concept known as Caveat Emptor, or "Buyer Beware." Technically, this means a seller can choose to make "No Representation" on the mandatory disclosure forms, essentially telling the buyer, "I’m not telling you anything; figure it out yourself."

For sellers in New Hanover, Pender, Onslow, and Brunswick counties, checking that "No Representation" box might feel like a safety shield. In reality, it is often a magnet for lawsuits—and a red flag that sends buyers running.

The "No Representation" Trap

While you have the right to stay silent, the market has the right to be suspicious. In our coastal market, where water intrusion and storm history are top concerns, a "No Representation" status often signals to buyers that you are hiding a five-figure problem.

But the bigger danger lies in the legal definition of a "Material Fact."

Even if you choose not to disclose a leaky roof or a past flood event, your real estate agent must disclose it if they know about it—or even if they should have known about it. If you mention a "fixed" leak to your agent, they are legally required to disclose that history to potential buyers, regardless of what you put on the form. Trying to hide it puts both you and your agent in legal jeopardy.

Coastal-Specific Risks: The "Silent" Deal Killers

In our four-county area, the stakes are higher than in inland markets. Here are three specific areas where under-disclosing burns sellers:

The CAMA Permit Trap: Did you replace that bulkhead or extend your dock in Topsail or Oak Island? If you didn’t get a CAMA (Coastal Area Management Act) permit, and you don't disclose it, the new owner could be forced to tear it down after closing. They will then sue you for the cost—and they will likely win.

Unpermitted "Bonus" Rooms: It is common in beach cottages to enclose the ground level for extra sleeping space. If this space wasn't permitted, it’s not just "unaccounted square footage"—it’s a liability. Disclosing it as "unpermitted" protects you; hiding it invites a lawsuit for fraud.

The New Flood Reality: As of July 2024, North Carolina’s disclosure forms have explicitly added detailed questions about flood history. You can no longer vaguely wave away water issues. With insurance databases and vigilant neighbors, the truth about that "one-time" puddle in the garage during Hurricane Florence is easily discoverable.

The Strategic Advantage of Over-Disclosing

Smart sellers in 2025 are taking a different approach: Radical Transparency.

When you disclose everything—the repaired leak, the quirky HVAC, the unpermitted shed—you strip the buyer of their negotiating power later in the transaction. You are selling the home "warts and all," which builds immense trust and prevents the buyer from coming back three weeks before closing (or three months after moving in) demanding thousands of dollars in concessions.

Peace of mind is worth more than a slightly higher asking price.

Your Next Step

Navigating the legal minefield of disclosures requires an expert who knows the difference between a minor repair and a material fact. At Aspyre Realty Group, we protect our clients by building a defense-first strategy. We help you disclose effectively so you can close with confidence, knowing the deal is done for good.

Worried about what you need to disclose for your property? Let’s sit down and review your home’s history to ensure your sale is safe, secure, and successful.