5 Real Estate Laws in North Carolina That You Should Know
March 12th, 2024
Real Estate Laws in North Carolina That You Should Know
Are you interested in real estate in North Carolina? Keep reading to learn more about the laws you should know here in North Carolina.
The North Carolina real estate and property laws govern ownership, transfers, and disputes. There are a couple of different laws that you should know about real estate that differ from North Carolina to other states.
Before you decide to own a property, there are many things to know before doing so, especially because each state is different. Just like every other state, North Carolina offers its residents a structured process when it comes to real estate under many laws.
Real Estate laws in North Carolina range from many regulations governing property transactions, leases, relationships, and more. When you are taking the step into buying real estate, it is important to consult with a trustworthy real estate agent for help or refer to the North Carolina General Statues for more specific details about each of these.
Below are some of the most common North Carolina real estate laws that you should know before you are taking the leap into investing in real estate.
Here are the real estate laws in North Carolina that you should know.
Chapters
1. North Carolina Homestead Laws
North Carolina's homestead laws provide certain exemptions and protections for homeowners. A homestead, which includes dwellings and associated buildings up to a value set by the General Assembly, or a lot in a city or town with dwelling and building of the same value, is complete from sale under execution or final process for debts.
In North Carolina, a homestead is generally defined as the homeowner's primary residence and the land and buildings associated with it. The specific criteria for what qualifies as a homestead may vary depending on the context and purpose. According to the North Carolina General Statues, Chapter 1, Article 10, Section 1, a stead is described as the swellings to a value fixed by the Assembly but not less than $1,000, to be selected by the owner thereof.
Keep in mind that homeowners in North Carolina may be eligible for a tax break on their homestead through the Homestead Exclusion program. This program allows qualifying individuals to exclude a portion of the assessed value of their primary resident from property taxes. To be eligible, the homeowner must meet certain criteria, such as being at least 65 years old or totally penalty disabled.
For more information, visit the North Carolina Department of Revenue website for detailed information about the program and requirements for homeowners for this law.
2. North Carolina Property Lines and Fence Laws
In North Carolina, property line disputes are typically resolved through civil actions and legal proceedings. Property owners are encouraged to establish clear boundaries through surveys or boundary agreements to prevent conflicts with real estate properties. When it comes to fencing, local zoning ordinances. And homeowners association rules often state the specific requirements for height, material, and placement offenses.
Fencing Laws
North Carolina property line and fencing lawns govern issues related to property boundaries and the construction and maintenance of fences. Property owners are advised to establish clear boundaries through the agreements. These requirements are there to help disputes, civil actions, and legal proceedings used for resolution. It is important. Consult specific legal resources for a qualified attorney to make sure you are in compliance with the North Carolina property lines and laws.
3. North Carolina Lease and Rental Agreement Laws
In North Carolina, lease and rental agreement laws are primarily governed by the North Carolina General Statutes, particularly Chapter 42, "Landlord and Tenant." Below are the key things to know about leases and rental agreement laws in North Carolina.
Written Lease
Written leases are not always required; it is advisable to have a written lease agreement in place to establish the terms and conditions of the property. Having a written lease helps protect the landlord's and tenant's rights and obligations.
Security Deposits
Landlords may collect a security deposit from tenets, typically not exceeding the equivalent of one and a half months' rent. There are specific rules regarding these depositions' handling, use, and return. Make sure you know the fine lines.
Rental Payments
Landlords must provide tenants with a receipt for any payment made in cash unless the tenant pays through a personal check or money order. The landlord is required to provide written notice of any changes to the rental amount or payment terms.
Tenant Privacy
The landlord must respect the privacy of tenants and may enter the rental unit only under specific circumstances like emergencies or with prior notice for repairs and inspections.
Repairs and Maintenance
Landlords must maintain the rental property in a habitable condition and promptly address necessary repairs. Tenants must notify landlords of any repair needs and allow reasonable time for repairs to be made.
Lease Termination and Eviction
Specific rules and procedures exist for terminating a lease or evicting a tenant. Landlords must provide proper notice and follow legal procedures when seeking to terminate a tenancy or evict the tenant.
4. North Carolina Law Concerning Real Estate Fraud
In the state of North Carolina, real estate fraud is a serious offense that is addressed under various statutes and regulations. Knowing what these are is important when owning a real estate property. Below are some of the key things to know about fraud in North Carolina when relating to real estate property.
North Carolina General Statues
Real estate fraud laws are primarily covered under Chapter 14, Article 23 of the North Carolina General Statutes. This article specifically addresses offenses related to real estate, including fraud, false pretenses, and obtaining property by false pretenses.
Mortgage Fraud
Mortgage fraud includes deceptive practices related to mortgage loans and the real estate financing process. This may include things like falsifying loan documents, misrepresenting information, identity theft, and many other fraudulent appraisal things. This serious offense in North Carolina can be prosecuted under various state and federal laws.
Real Estate Disclosure Requirements
North Carolina has specific laws regarding real estate disclosures. Sellers of residential properties are required to provide certain disclosures such as including known material defects or hazards that may affect the value or desirable of the property.
Enforcement and Penalties
Real Estate fraud offenses in North Carolina can lead to criminal charges, civil lawsuits, or both. The penalties can vary depending on the severity of the offense, and individuals found guilty of real estate fraud may face imprisonment, fines, restitution, or other legal consequences.
Keep in mind there are many laws when relating to real estate property, so make sure you look back at the North Carolina General Statues for all the detailed legal definitions or seek guidance to help understand the real estate laws.
5. Who Regulates Real Estate Laws in North Carolina
Real Estate laws in North Carolina are regulated and enforced by multiple entities at the state level. Here are some of the key bodies that are involved with overseeing the real estate laws here in North Carolina.
North Carolina Real Estate Commission
The NCREC is responsible for regulating and licensing real estate professionals, including real estate agents, brokers, and property managers. The commission ensures compliance with the North Carolina Real Estate Licence Laws and sets standards for ethical conduct and professional competence in this industry.
Local Governments
Local governments in all cities and countries have their own planning and zoning departments that enforce the local regulations and codes for buildings and land. These departments are there to oversee matters such as zoning restrictions, building permits, and compliance with local ordinances regarding real estate.
North Carolina Department of Justice
The North Carolina Department of Justice plays a big role in enforcing and prosecuting real estate fraud and other related offenses. It investigates complaints,s initiates legal actions, and works to protect consumers from fraudulent actions throughout the real estate industry.
North Carolina Department of Insurance
The NCDOI oversees various aspects of insurance-related matters in North Carolina, including the regulation of title insurance. The title insurance is a crucial company in real estate transactions, so the NCDOI is there to set the laws and regulations for this area.
Methodology
We used information from different sources and our data to determine the laws and regulations you should know in North Carolina. There were various data to use, so we put them together to guide you on what you should know about the real estate laws in North Carolina.
- North Carolina Department of Revenue
- North Carolina Department of Justice
- North Carolina Real Estate Commission
- North Carolina Real Estate License Law and Commission Rules
The following are a few sources that we used to gather most of our information about real estate laws in North Carolina.
FAQS
Does a spouse automatically inherit everything in North Carolina?
If you have no living parents or descendants, your spouse will inherit all your interstate property, but if you have parents alive, your spouse will have half of the real estate and the first $100,000 of personal property.
Is North Carolina a common law property state?
Most states, including North Carolina, follow the common law property system, which means each spouse solely owns and controls any property he or she acquires during the marriage and titles in their name. When one dies, they will determine what happens with the property.
What is required for a real estate license in North Carolina?
The laws for getting a real estate license in North Carolina are completing the state-approved 75-hour broker prelicensing course while passing the North Carolina State Licensing exam with a score of at least 75%.
What is the state of limitations for real estate in North Carolina?
In North Carolina, whether your potential case involves damage to real property or personal property, it usually must be brought to the state's civil court system within 3 years. This can be found in the North Carolina General Statutes section 1-52.
Real Estate Laws in North Carolina That You Should Know - The Bottom Line
There are many rules and regulations that you should know if you own any property or if you are looking to own some property. Understanding each law, the regulations, and the rights you have will help you stay away from any legal conflicts and stay away from any penaties.
Real estate and property laws in North Carolina govern the ownership, transfer, and resolution of disputes related to real estate. These laws differ from those of other states. There are multiple regulations that govern property transactions, leases, and relationships in North Carolina.
Therefore, it is essential to consult with a trustworthy real estate agent or refer to the North Carolina General Statutes to gain specific details about each of these laws. It is important to know that each state has its own set of laws and regulations before deciding to own a property. Under different laws, North Carolina offers its residents a structured process for real estate transactions.
If you are considering moving or selling, contact us or visit our website. Our team at Raleigh Realty is here to help you with any home buying or selling needs.
Ryan Fitzgerald
Hi there! Nice to 'meet' you and thanks for visiting our Raleigh Real Estate Blog! My name is Ryan Fitzgerald, and I'm a REALTOR® in Raleigh-Durham, NC, the owner of Raleigh Realty. I work alongside some of the best Realtors in Raleigh. You can find more of my real estate content on Forbes, Wall Street Journal, U.S. News and more. Realtor Magazine named me a top 30 under 30 Realtor in the country (it was a long time ago haha). Any way, that's enough about me. I'd love to learn more about you if you'd like to connect with me on Facebook and Instagram or connect with our team at Raleigh Realty. Looking forward to connecting!
Related Blogs
