State guide

Buying or Selling a Home in North Carolina: What You Need to Know

North Carolina has its own way of handling home sales that surprises people moving from other states.

Are you buying or selling?

TL;DR

North Carolina has its own way of handling home sales that surprises people moving from other states. A licensed attorney — not a title or escrow company — runs the closing, and sellers fill out a property disclosure form where they can legally say 'No Representation' instead of answering every question. Buyers pay a unique upfront Due Diligence Fee that funds a window to inspect the home and walk away for any reason, and since August 2024, buyers must sign a written agreement with their agent — spelling out the agent's pay — before they can tour a property.

10 things every North Carolina buyer or seller should know

  • North Carolina is an attorney-state for home closings, meaning a licensed real estate attorney handles the final paperwork, title search, and money transfer — not an escrow or title officer like in many western states. You'll choose the attorney (the buyer usually picks) and pay attorney fees as part of closing costs. Real estate brokers write the offer and shepherd the deal, but the attorney is the one who legally closes it.

  • When buying a home in North Carolina, you pay a Due Diligence Fee directly to the seller when the contract is signed. The fee is non-refundable — even if you cancel — but it buys you a Due Diligence Period during which you can walk away for any reason and still get your earnest money back. If you close, the Due Diligence Fee is credited toward your purchase price. The amount is negotiable and is written into Form 2-T, North Carolina's standard home contract.

  • In a North Carolina home contract, the Due Diligence Fee and the Earnest Money Deposit are two separate payments. The Due Diligence Fee goes straight to the seller and is non-refundable. The Earnest Money Deposit is held in a neutral escrow account — usually the listing brokerage's trust account or the closing attorney — and is refundable to the buyer if they cancel during the Due Diligence Period.

  • North Carolina sellers must give buyers a Residential Property Disclosure Statement before the buyer makes an offer. The form asks about roof, plumbing, electrical, water, and other property conditions. Unlike many states, North Carolina lets a seller answer 'No Representation' to any question — meaning they don't have to say yes or no. The buyer's protection in that case is the right to inspect carefully during the Due Diligence Period.

  • If you're selling a home in North Carolina, you must also give buyers a separate Mineral, Oil, and Gas Rights disclosure form in addition to the main property disclosure. The form asks whether the mineral, oil, or gas rights under the property are owned or leased by someone other than you. Like the main disclosure, you can answer 'No Representation' — but delivering the form itself is mandatory in nearly every residential sale.

  • As a seller in North Carolina, you choose whether to offer to pay the buyer's agent — it is no longer automatic. After the 2024 NAR settlement, any offer to pay a buyer's broker is negotiated separately and written into the contract or a separate compensation agreement. Many sellers still cover the buyer's agent because it helps attract more buyers, but sellers are free to refuse or to cap what they'll pay.

  • Since August 17, 2024, a buyer in North Carolina must sign a written buyer-broker agreement with their real estate agent before touring any home listed on the MLS (the shared database agents use for listings). The agreement has to spell out exactly what the agent will be paid — a specific number, percentage, or formula — and it is negotiable. Vague terms like 'whatever the seller offers' are no longer allowed.

  • The first time a real estate agent in North Carolina has a substantive conversation with you about a home — including talking about price, your finances, or your timeline — they must give you a state-required brochure called Working with Real Estate Agents. The brochure explains the different ways an agent can represent you (buyer's agent, seller's agent, or dual agent) and the duties each one owes. The brochure is informational; it is not the agency agreement itself.

  • You can no longer see offers of buyer-agent pay on the MLS (the shared database of home listings) in North Carolina. Since August 2024, MLS rules — driven by the NAR settlement — forbid posting any offer of compensation to a buyer's broker on the listing itself. A seller may still offer to pay the buyer's broker, but that information must be communicated off-MLS, such as on a property website or by direct response to a buyer's agent's inquiry.

  • Federal and North Carolina fair housing laws make it illegal to discriminate against home buyers or renters based on race, color, religion, sex, national origin, familial status, or disability. North Carolina state law mostly mirrors federal law and does not add statewide protection for source of income or sexual orientation. Some cities — including Charlotte, Raleigh, Durham, Greensboro, Asheville, and Chapel Hill — add extra protections by local ordinance, so your rights may be broader depending on where you live.

The guides

Common questions

Do I need a real estate attorney to buy or sell a home in North Carolina?
Yes — North Carolina is an attorney-state for residential closings, so a licensed attorney runs the final closing, not an escrow officer. The buyer typically picks the closing attorney, and the attorney's fee is paid as part of closing costs. Your real estate agent still negotiates the deal and handles the contract, but the attorney does the title search, prepares the deed, and disburses the money at closing.
What is the Due Diligence Fee in a North Carolina home contract?
The Due Diligence Fee is money you pay directly to the seller when you sign the contract — not into escrow. In exchange you get a Due Diligence Period, a window of time during which you can cancel the contract for any reason. The fee itself is non-refundable, so if you walk away you lose it. If you close, it gets credited back to you against the purchase price.
Is the Due Diligence Fee the same as my earnest money in NC?
No — they are two separate payments in a North Carolina contract. Earnest money is held in a neutral escrow account by the listing brokerage or closing attorney and comes back to you if you cancel during the Due Diligence Period. The Due Diligence Fee goes straight to the seller and is not refunded, even if you cancel. Both are credited toward your purchase price at closing if the deal closes.
As a seller in North Carolina, what do I have to disclose about my property?
North Carolina sellers must give buyers a Residential Property Disclosure Statement before the buyer makes an offer. The form asks about roof, plumbing, electrical, water, sewer, and other property conditions. You can answer Yes, No, Not Applicable, or 'No Representation' to each item — meaning you don't have to take a position. Choosing 'No Representation' is legal under North Carolina law, but it shifts more of the inspection burden onto the buyer.
Do I have to disclose mineral or gas rights when I sell my North Carolina home?
Yes. North Carolina law requires sellers to give buyers a separate form called the Mineral, Oil, and Gas Rights Mandatory Disclosure, in addition to the standard property disclosure. It asks whether the mineral, oil, or gas rights under the property are owned or leased by someone other than the seller. You can answer 'No Representation,' but delivering the form itself is required in nearly every residential sale.
Do I have to sign an agreement with my agent before touring homes in NC?
Yes — since August 17, 2024, buyers must sign a written buyer-broker agreement before an agent can show them a home listed on the MLS (the shared database agents use for listings). The agreement has to state exactly what the agent will be paid — a specific number, percentage, or formula — and it is negotiable. You can sign a short, single-showing version first if you want to try out an agent before committing to a longer relationship.
Can the seller pay my buyer's agent in North Carolina?
Yes — sellers can still offer to pay all or part of your buyer's agent fee, and many do because it helps attract more buyers. Since the 2024 NAR settlement, the offer can't appear on the MLS listing itself, but your agent can ask the listing agent or seller directly and any agreed payment can be written into the contract. Some loan programs also let seller-paid buyer-broker fees be treated as a concession that doesn't count against the buyer's loan limits.
As a seller in North Carolina, do I have to offer to pay the buyer's agent?
No — offering to pay the buyer's agent is optional after the 2024 NAR settlement, and it is negotiated separately from the listing agreement with your own agent. Many sellers still cover some or all of the buyer's agent fee to attract more interest, but you can decline or cap what you'll pay. Whatever you decide is documented off the MLS — for example, on a property website, in a written response to the buyer's agent, or in the contract itself.
Can I see how much a seller is offering to pay the buyer's agent on a North Carolina listing?
Not on the MLS (the shared listing database). Since August 17, 2024, NAR settlement rules forbid posting any offer of buyer-broker pay on the MLS itself, and North Carolina's regional MLSs have removed that field from listings. A seller can still offer compensation — it just has to be communicated off-MLS, such as on a brokerage's property page or in a direct response to the buyer's agent.
What fair housing protections do I have in North Carolina?
Federal and North Carolina fair housing laws ban discrimination based on race, color, religion, sex, national origin, familial status, and disability. North Carolina state law mostly mirrors federal law and does not add statewide protection for source of income or sexual orientation. However, several cities — Charlotte, Raleigh, Durham, Greensboro, Asheville, and Chapel Hill — have local ordinances that add those categories, so your protections may be broader depending on where you live.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.