Water got into my house in the storm. Do I have to tell buyers in NC?

What the North Carolina disclosure form asks about water and flooding

Chapter 47E of the General Statutes requires the owner of a house with one to four units to give the buyer the Residential Property and Owners’ Association Disclosure Statement, the form written by the NC Real Estate Commission (N.C.G.S. 47E-4, ncleg.gov, checked October 13, 2026). The law applies whether or not a real estate broker is involved in the sale (N.C.G.S. 47E-1).

The Commission’s rule lists what the form must cover. For flooding, it asks whether any part of the property is in a Special Flood Hazard Area, whether there is a flood elevation certificate, whether the property is insured for flood, whether it has had damage from natural events causing water seepage, and whether a flood damage claim was filed or federal flood assistance was received (21 NCAC 58A .0114(a)(11), NC Office of Administrative Hearings, checked October 13, 2026). Those flood questions were added to the form effective July 1, 2024 (Coastal Review, July 19, 2024).

So if storm water came into the house, the form asks about it in plain words. Each question is answered Yes, No, No Representation or Not Applicable.

Yes, No, or No Representation

The statute gives owners two ways to fill out the form. You can disclose the conditions you actually know about, or you can state that you make no representations about a condition (N.C.G.S. 47E-4). If you choose No Representation, the statute says you have no duty to disclose that condition, even one you should have known about (N.C.G.S. 47E-4(c)).

That option has real limits worth understanding:

• A false answer is not one of the choices. Checking No when you know water came in puts a false statement on a signed form, which is a different problem from choosing not to answer. An attorney can explain the line for your facts.
• Brokers have their own duty. A broker for either the owner or the buyer must disclose material facts the broker knows or reasonably should know, and the owner’s form does not change that (21 NCAC 58A .0114(c)).
• Buyers read No Representation as a signal. Coastal Review’s 2024 report quoted advice that buyers treat that answer as a sign something may be wrong, which tends to bring more inspections and lower offers.

Timing matters too. You owe the buyer the form no later than when they make an offer. If they do not get it by then, they can cancel within three calendar days after receiving it or after the contract is made, whichever comes first, as long as it is before closing or occupancy (N.C.G.S. 47E-5).

What if the storm hits after you already gave buyers the form?

This one catches sellers on the coast. If something happens that makes your form materially inaccurate, the statute says you must promptly give the buyer a corrected statement (N.C.G.S. 47E-7). A house that was dry when you signed the form and took on water during a storm while under contract is exactly that situation. Tell the buyer in writing, and talk with your agent or attorney about repairs, since most contracts expect the house to be in substantially the same condition at closing.

Sales that do not use the form

Some transfers are exempt, including sales by an executor or other fiduciary settling an estate, foreclosure sales, transfers between co-owners, transfers to a spouse or lineal relatives, and transfers between spouses in a divorce (N.C.G.S. 47E-2(a)). A buyer and seller can also agree not to complete the form (N.C.G.S. 47E-2(b)). An exemption from the form is not a license to make false statements about the house.

The federal flood aid notice that follows the house

If you ever received federal flood disaster assistance that required you to buy and keep flood insurance, federal law requires you to tell the buyer in writing, no later than the transfer date, that they must keep flood insurance on the property. If you skip that notice and a later flood leads to federal aid for the new owner, you can be required to repay that aid (42 U.S.C. 5154a, checked October 13, 2026).

What to do first

1. Photograph the damage and write down dates, how high the water reached and what got wet.
2. Pull together your insurance claim number, any adjuster report, any FEMA or other assistance letters, and your elevation certificate if you have one.
3. Look up your flood zone on the NC Flood Risk Information System at fris.nc.gov, which covers New Hanover, Brunswick, Pender and Onslow along with the rest of the state.
4. Decide what you will repair and keep the receipts. Repaired, documented damage is far easier for a buyer to accept than a question mark.
5. Fill out the form from what you know, and keep a copy of everything you hand the buyer.

Listing versus a cash offer: an honest comparison

If the damage is repaired and documented and you have time, listing with an agent usually brings the most money, even with a Yes on the flood questions. Buyers in a flood zone will likely face lender flood insurance requirements, which our guide to selling a house in a flood zone explains. If the repairs are large, the insurance claim is still open, or you need to move soon, a cash sale trades some money for speed and no repairs. Either way, the disclosure rules above still apply unless the sale is exempt, and we ask the same questions any careful buyer would. Our guide on repairing first or selling a storm-damaged house as-is lays out that math.

Frequently asked questions

Questions about your situation? Call or text (910) 372-6720.

Sources: N.C.G.S. 47E-1, 47E-2, 47E-4, 47E-5 and 47E-7 (ncleg.gov, checked October 13, 2026); 21 NCAC 58A .0114, Residential Property and Owners’ Association Disclosure Statement (NC Office of Administrative Hearings, checked October 13, 2026); Coastal Review, “Flood history questions added to real estate disclosure form” (July 19, 2024, read October 13, 2026); 42 U.S.C. 5154a (law.cornell.edu, checked October 13, 2026); NC Flood Risk Information System (fris.nc.gov, checked October 13, 2026).