North Carolina · G.S. 47E-4.1, 47E-4(b1)North Carolina mineral, oil and gas and HOA disclosures: two more forms by the offer
Besides the residential property disclosure, a North Carolina seller must give the buyer two more statements on Real Estate Commission forms. The mineral and oil and gas rights disclosure warns that such rights can be severed and that whoever owns them may have a perpetual right to drill or mine, and asks whether rights were severed by a previous owner, by the seller, or will be before closing (G.S. 47E-4.1). The seller may make "no representation" only about severance by a previous owner. The owners' association and mandatory covenants disclosure covers whether the property is subject to an association and covenants, the related charges, and fees charged on transfer (G.S. 47E-4(b1)). Both are due no later than the buyer's offer; if they come later, the buyer may cancel by the end of the third calendar day after receiving them or after the contract, whichever is first, or before settlement or occupancy (G.S. 47E-5).
The two statements
Mineral and oil and gas rights
Six yes/no answers: severed by a previous owner, by the seller, or to be severed before transfer – for minerals and for oil and gas (G.S. 47E-4.1(a)).
“No representation”
Allowed only for severance by a previous owner (G.S. 47E-4.1(b)).
Owners' association and covenants
Whether an association and mandatory covenants apply, the related charges, and fees charged on transfer (G.S. 47E-4(b1)).
When
No later than the buyer's offer; may be in the contract, an addendum or a separate document (G.S. 47E-5(a)).
Late delivery
Buyer may cancel until the end of the 3rd calendar day after receipt or after the contract, or settlement or occupancy (G.S. 47E-5(b)).
Why buyers should read them
- Severed mineral or oil and gas rights can mean someone else may drill or mine on or near the land.
- The HOA statement shows the association's charges and transfer fees before you commit.
- Missing statements give a short cancellation right – act within three calendar days.
What the TC keeps
- All three Commission statements signed by the time of the offer.
- Buyer initials on each mineral and oil and gas line.
- The delivery date if any statement came after the offer.
Questions buyers and sellers ask
What is the North Carolina mineral and oil and gas rights disclosure?
A mandatory Commission statement in which the seller says whether mineral or oil and gas rights were severed by a previous owner, by the seller, or will be before closing (G.S. 47E-4.1).
When must the NC disclosure statements be delivered?
No later than when the buyer makes an offer (G.S. 47E-5(a)).
Can a buyer cancel if the NC statements come late?
Yes, until the end of the third calendar day after receiving them or after the contract, whichever comes first – and not after settlement or occupancy (G.S. 47E-5(b)).
Related guides
Track all three North Carolina statements as tasks with an owner and due date in ClosingCode – due by the offer – with the signed forms on the deal.
Start free trialSource: N.C.G.S. 47E-4, 47E-4.1 and 47E-5 (ncleg.gov, read October 25, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.