Every NC home seller eventually encounters the RPOADS form. Most complete it without fully understanding what they're signing — and that's where post-closing lawsuits begin. This guide explains the form section by section in plain language, covers the four answer options and what each one commits you to legally, and tells you exactly what happens if you get it wrong.

Disclaimer

This is general information, not legal advice. RPOADS disclosure liability is fact-specific. If you have known defects and aren't sure how to disclose them, consult a licensed NC real estate attorney before completing the form.

What the RPOADS form is

RPOADS stands for Residential Property and Owners Association Disclosure Statement. It's the mandatory disclosure form required under North Carolina General Statute Chapter 47E — the Residential Property Disclosure Act — for virtually all sales of 1–4 unit residential property in the state.

The form is developed and approved exclusively by the North Carolina Real Estate Commission (NCREC). No other form is approved for this purpose — sellers cannot substitute a different format or simply attach a disclaimer. The NCREC form is the only legally acceptable instrument.

The current version was revised effective July 1, 2024. If you're selling in 2026, you're using this version — which added a new "Not Applicable" answer option, expanded the flooding section significantly, and reorganised questions into clearly labelled lettered sections (A through H and beyond). The form is longer than the prior version, but the structure makes it easier to navigate.

Two forms, not one

Most sellers don't realise there are actually two separate disclosure forms required in most NC residential sales:

  • RPOADS — covers property condition, HOA, environmental issues, and flooding
  • MOGS (Mineral and Oil and Gas Rights Mandatory Disclosure Statement) — discloses whether mineral or oil and gas rights have been severed from the surface rights. Required separately under NCGS Chapter 47E for most residential sales.

This guide focuses on the RPOADS. The MOGS is simpler — it has one central question about whether mineral/oil/gas rights were severed by a previous owner.

Who fills it out — and when

Three critical rules most sellers don't know:

  • The seller fills it out — not the agent. Your listing broker cannot complete the form on your behalf. They can and should explain the questions and advise you, but the answers are yours. The NCREC is explicit: "brokers cannot complete the form for the owner."
  • Before the offer — not at closing. The RPOADS must be given to the buyer prior to their making an offer to purchase. Not after inspection. Not at closing. Before the offer. Sellers who hand over the form late expose buyers to a rescission right.
  • Update it if things change. If you discover a defect after completing the form, you must update it immediately. A buyer who receives an updated disclosure after contract formation may have grounds to renegotiate.
What happens if you don't provide it in time

If the seller fails to provide the RPOADS before the buyer makes an offer, the buyer may rescind the contract without penalty within three calendar days of receiving the form, or within three calendar days of contract formation — whichever comes first. This means a buyer can back out and get their earnest money and due diligence fee returned if they weren't given the form at the right time.

The four answer options — explained honestly

The revised 2024 form added a fourth option — "Not Applicable" (NA) — alongside the existing three. Here's exactly what each means and when to use it:

Y
Yes
You have actual knowledge of this condition and you are affirmatively disclosing it. You must also explain the issue — either in the comments field or by attaching a report from a contractor, inspector, engineer, or other expert. Checking Yes and providing no explanation is insufficient.
Disclose & explain
N
No
You are stating you have no actual knowledge of this condition or problem. If you check No and you actually know there is a problem, you have made an intentional misstatement — which creates civil liability for fraud or misrepresentation. Only check No when your genuine, honest answer is that you don't know of any issue.
Use with caution
NR
No Representation
You are not making any claim about this condition either way. This is legally the safest answer when you're uncertain. It does not mean the condition doesn't exist — buyers know this and will rely on their own inspections. Important: using NR to deliberately conceal a known defect is still fraud under NC law.
When genuinely unsure
NA
Not Applicable
New in the 2024 revised form. Only certain questions offer this option. Use it when the item simply doesn't exist at the property — for example, checking NA for "septic system" questions when the property is on city sewer. Do not use NA as a substitute for NR when you're uncertain about a condition that does apply.
Item doesn't exist at property

Every section of the RPOADS — explained plainly

The revised 2024 form organises questions into lettered sections. Here's every section with plain-language explanations of what's being asked and what a "Yes" answer requires from you:

A
Structure, Floors, Walls, Ceilings, Windows, Roof The physical shell of the home
Highest litigation risk
This section asks about problems with foundation, framing, roof structure, exterior walls, interior walls, ceilings, floors, windows, and doors. Questions include known structural damage, past repairs to structural components, and whether any modifications were made to load-bearing elements.
If you answer Yes: Describe the issue clearly. Attach any contractor reports, repair invoices, or engineering assessments you have. Structural issues are the most litigated category in NC real estate disclosure cases. If the issue was repaired, say so and describe the repair — don't leave buyers guessing.
NC context: Wake County clay soils cause significant foundation movement and differential settling. Crawlspace moisture rot in floor joists is extremely common in Triangle homes built before 2000. If you know about either, disclose it here.
B
HVAC / Electrical / Plumbing Mechanical systems and utilities
Medium litigation risk
The 2024 revised form asks specifically about heat and cooling sources — furnace, heat pump, baseboard, wood burning — and how many units or bedrooms each serves. Also covers electrical panel condition, known wiring issues, plumbing leaks, and hot water heater age/condition.
If you answer Yes: Specify which system has the issue and what the problem is. If your HVAC is old but still functioning, you don't need to disclose anticipated future failure — only known current problems. If you've had a plumbing leak that was repaired, disclose the history even if the repair was successful.
NC context: Heat pumps are the dominant HVAC system in the Triangle. A system over 15 years old isn't a disclosure issue on its own — but a known refrigerant leak, compressor failure, or non-functioning zone is.
C
Water / Sewer / Septic / Well Water supply and waste disposal systems
Highest litigation risk
Whether the property is on city water, city sewer, a private well, shared well, septic, or some combination. Asks about known septic system problems, past septic repairs or pump-outs, well water testing results, and known contamination. The shared-well question is particularly important — a 2024 NCREC disciplinary action involved a seller who checked "private well" when the property was actually on a shared well.
If you answer Yes to septic issues: Describe what happened. Note the date of last pump-out if known. Septic systems in Wake County are inspected by Wake County Environmental Services — if you've had a permit or inspection, attach it.
NC context: Large portions of Wake County outside Raleigh, Cary, and Apex proper are on private septic. A failing septic system can cost $8,000–$25,000+ to replace. Buyers who discover septic problems post-closing that the seller knew about are among the most aggressive litigants in NC real estate.
D
Soil / Ground / Drainage Land condition beneath and around the property
Medium litigation risk
Soil instability, underground storage tanks (USTs), landfill history, and known drainage problems. Also covers any fill material used on the lot — relevant because some Triangle-area lots were built on disturbed ground or former agricultural land with unpredictable soil composition.
If you answer Yes to UST: Old heating oil tanks were common in pre-1980 Triangle homes. If you know one was removed or is still present, disclose it. Soil contamination from a leaking UST is an environmental liability that can follow the property for years.
NC context: Wake County's expansive clay soils create drainage challenges. If your yard floods seasonally or you've had standing water issues near the foundation, this is the section to disclose it.
E
Wood-Destroying Insects / Moisture Intrusion Pest history and moisture damage
High litigation risk
Known termite history, active wood-destroying insect infestations, past wood-rot from moisture, and crawlspace moisture problems. Asks about pest control treatment history and whether damage was repaired.
If you answer Yes: Describe the pest, the treatment, and whether the damage was repaired. A prior termite treatment that you've kept up with pest control contracts is far less alarming to buyers than one disclosed with no follow-up. Include the pest control company name and treatment date if you have it.
NC context: The Triangle is in one of the highest termite risk zones in the US. Subterranean termites are extremely common in Wake County. A history of treatment is not a deal-killer — concealment of a known active infestation is.
F
Environmental / Flooding — EXPANDED in 2024 Hazardous materials, flood history, FEMA zone
High litigation risk
The section most significantly expanded in the July 2024 revision. Now asks specifically about: whether the property is in a FEMA Special Flood Hazard Area (SFHA), whether the seller has flood insurance, whether the property has ever flooded, whether any flood damage insurance claims were filed, the source of flooding (rain, creek overflow, storm surge, etc.), and whether the property has received any government assistance related to flooding. Also covers asbestos, lead paint, radon, hazardous waste, and any environmental contamination.
If you answer Yes to flooding: This is the section that has generated the most new litigation since the 2024 expansion. Describe every flooding event you're aware of. Include whether repairs were made and whether a claim was filed. Buyers can pull insurance history through CLUE reports — if you filed a claim, they'll find it.
NC context: Many Triangle-area properties flooded during Hurricane Florence (2018), Hurricane Dorian (2019), and other significant rain events. Sellers who don't disclose known flood history face serious post-closing exposure. The FEMA flood map may say "Zone X" (minimal risk), but the property may still flood — and that distinction matters.
G
Legal / Boundary / Title Easements, encroachments, zoning, permits
Medium litigation risk
Known boundary disputes, encroachments onto neighbouring properties, violations of zoning or building codes, unpermitted additions or improvements, pending assessments or legal actions affecting the property, and private road or shared driveway maintenance obligations.
If you answer Yes to unpermitted work: Describe what was done and when. Unpermitted additions discovered post-closing are a significant source of buyer complaints — particularly room additions, garages converted to living space, and decks that don't meet code. Title search at closing often doesn't reveal permit history.
NC context: The private street/road question is specifically highlighted in NCREC disciplinary cases — multiple Raleigh-area brokers have been reprimanded for failing to ensure this was properly disclosed. If the home is on a private road with shared maintenance obligations, disclose it clearly.
H
Owners Association (HOA) — EXPANDED in 2024 HOA existence, fees, rules, pending assessments
Medium litigation risk
Whether the property is subject to an HOA or mandatory covenants. Now requires specific disclosure of HOA dues amounts, transfer fees, capital contribution fees, and any pending or recently approved special assessments. Also asks about active violations against the property.
If you answer Yes to pending special assessment: State the amount and purpose. Buyers who close and then receive a $5,000 special assessment bill for a community amenity repair — which the seller knew about — have a clear claim. HOA surprises post-closing are among the most common causes of post-sale disputes in newer Triangle subdivisions.
NC context: Most Wake County subdivisions built after 1990 have HOAs. Transfer fees in the Triangle range from $100 to $1,500+. Buyers are often surprised by these at closing if not disclosed upfront.

What happens if you get it wrong

Error type Legal exposure What the buyer can seek
Checked "No" knowing about a defect Fraudulent misrepresentation Remediation costs, medical expenses, rescission of the sale, attorney fees
Checked "NR" specifically to conceal a known defect Fraudulent concealment under NC common law Damages, potentially rescission — courts have held this constitutes fraud even without a "No" answer
Answered "Yes" but provided no explanation Incomplete disclosure — possible misrepresentation Buyer may argue they weren't given adequate notice; damages for reasonable reliance
Failed to update form after new defect discovered Concealment of material fact Post-closing damages — buyers can sue within the NC statute of limitations
Failed to provide form before buyer's offer Procedural violation under NCGS 47E Buyer has right to rescind contract within 3 days without penalty

When you don't need to complete the RPOADS

The exemptions under NCGS § 47E-2 are narrow. The most commonly applicable ones for sellers in the Triangle:

  • Transfers pursuant to court order — including transfers in estate administration ordered by the court, writ of execution, foreclosure sale, trustee in bankruptcy, or eminent domain. If the court is ordering the transfer, RPOADS is not required.
  • First sale of a dwelling never inhabited — new construction. This is why new home builders use their own contracts rather than the RPOADS.
  • Transfers between co-owners solely to other co-owners — a co-owner buying out their partner doesn't trigger the RPOADS.
  • Both parties agree in writing to waive the RPOADS — this is rarely done in practice but is technically available under the statute.

Importantly, the RPOADS is required even in estate sales unless the transfer itself is court-ordered. A personal representative who independently chooses to sell on the open market must still complete the RPOADS — the estate sale exemption only applies when the court is ordering the transfer, not when the personal representative is voluntarily selling.

Selling to Jay — how the RPOADS works

When you sell to Jay, you still complete the RPOADS as required by law — Jay works with a licensed NC closing attorney who follows all statutory requirements. The difference is that the condition of the property doesn't affect whether Jay buys it. He factors the disclosed and observed condition into his offer price. You're not at risk of a buyer backing out during due diligence over what the RPOADS reveals — Jay buys what he sees. Call (562) 234-2832 for a cash offer on any condition property in the Triangle.