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North Carolina FAQs
Real Estate in North Carolina
General Real Estate & Legal
1. What is the "It takes one to buy, but two to sell" rule in North Carolina?
In North Carolina, even if only one spouse is on the deed, both spouses must usually sign the listing agreement and the deed to sell a primary residence. This is due to "marital interests" under NC law. However, only one person is generally required to sign when buying a property.
2. What is a 1031 Exchange, and can I use it for my NC property?
A 1031 Exchange allows investors to defer paying capital gains taxes by selling an investment property and reinvesting the proceeds into a "like-kind" property. This is common for land and commercial deals. It must be set up before you close on your sale, and you must follow strict IRS timelines (45 days to identify a new property, 180 days to close).
Land & Lot Purchases
3. What is a "Perc Test," and why is it vital for land buyers?
If you are buying land that doesn't have access to city sewer, you need a Soil Perc (Percolation) Test. This determines if the ground can absorb water well enough to support a septic system. Without a passing perc test, you may not be able to build a home on that land at all.
4. How do I know if I have legal access to a piece of land?
Never assume a gravel path means legal access. In NC, we look for "deeded access" or "road frontage." If a property is "landlocked," you may need to negotiate an easement with a neighbor. I always recommend a survey to confirm exactly how you will get in and out of your property.
5. What is "Present Use Value" (PUV) and how does it affect property taxes?
Many large tracts of land in NC (usually 10 acres for agriculture or 20 for forestry) qualify for lower property tax rates under the PUV program. If you buy land in this program and change its use (like building a subdivision), you could be hit with "rollback taxes" for the previous three years.
Commercial Real Estate
6. What is the difference between a "Triple Net" (NNN) and a "Full Service" lease?
- NNN: The tenant pays a base rent plus their share of property taxes, insurance, and maintenance.
- Full Service: The landlord covers all operating expenses. Knowing the difference is key for small business owners looking for their first commercial space.
7. Does my residential zoning allow me to run a business from home?
Not always. Even if you don't have an HOA, town or county zoning laws may restrict "Home Occupations." If you plan to have clients visit or store inventory, we need to check the local Unified Development Ordinance (UDO) first.
Ownership & Protection
8. Is a survey really necessary if there is already one on file?
Yes. A survey is the only way to confirm where property lines truly are and if a neighbor’s fence or driveway is encroaching on your land. Most lenders require a new or recent survey, and it’s your best defense against boundary disputes.
9. Why do I need Title Insurance in North Carolina?
Title insurance protects you from "hidden" issues like unpaid liens from a previous owner, forged signatures in the property's history, or unknown heirs claiming they own the land. It’s a one-time fee at closing that protects your investment for as long as you own the property.
10. What are "Special Assessments" in an HOA or Town?
A special assessment is a one-time fee for a major project (like paving roads or replacing a clubhouse roof). In NC, the seller usually pays if it was "confirmed" before closing, but the buyer pays if it's "proposed." I help you dig into the HOA minutes to see if any big bills are on the horizon.
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