HomeBlog Home
Realtors®

5 Real Estate Laws in North Carolina That You Should Know

Ryan FitzgeraldRyan Fitzgerald
Mar 12, 2024 9 min read
Share to X
Share to Facebook
Share to Linkedin
Copy Link
5 Real Estate Laws in North Carolina That You Should Know
Chapters
01
North Carolina Homestead Laws
02
North Carolina Property Lines and Fence Laws
03
North Carolina Lease and Rental Agreement Laws
04
North Carolina Law Concerning Real Estate Fraud
05
Who Regulates Real Estate Laws in North Carolina

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. 

1. North Carolina Homestead Laws

Property Ownerships vs 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

Rental lease agreement with landlord

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

Understanding the real estate laws on contracts

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. 

The following are a few sources that we used to gather most of our information about real estate laws in North Carolina. 

Talking with professional about the laws in real estate

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 Law Book

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. If you recently inherited a property, make sure you understand the laws here. 

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.  

WRITTEN BY
Ryan Fitzgerald
Ryan Fitzgerald
Realtor

Ryan Fitzgerald is a top Realtor®, founder and owner of Raleigh Realty, one of the Triangle’s fastest-growing and most innovative real estate brokerages. Driven by a mission to be the best—not the biggest—brokerage in Raleigh, Ryan has built Raleigh Realty into a firm known for its cutting-edge marketing, high-performing agents, and culture rooted in collaboration, growth, and excellence.

Raleigh Realty

Under Ryan’s leadership, Raleigh Realty has become a top boutique brokerage in Raleigh-Durham, serving clients across Wake County and the surrounding areas. Raleigh Realty stands apart for its:

  • Top-Tier Agents – Every Realtor on the team is hand-selected for their skill, professionalism, and client-first approach. Raleigh Realty isn’t about quantity—it’s about quality.

  • Award-Winning Website – RaleighRealty.com is consistently ranked among the best real estate websites with incredible user experience, cutting-edge IDX technology, and hyper-local guides that help buyers and sellers navigate the market.

  • Inbound Lead Generation – With a strong focus on SEO and digital marketing, the brokerage generates a steady flow of organic leads, giving agents the opportunity to grow thriving businesses.

  • Supportive Culture – Ryan emphasizes mentorship, accountability, and autonomy—no micromanaging, just the right systems and tools for agents to succeed.

  • Community Focus – From neighborhood spotlights to relocation guides, Raleigh Realty is committed to being a resource for both buyers and sellers as they make one of life’s biggest decisions.

The firm continues to expand its reach, with the goal of 100 agents and $1 billion in annual sales volume by 2030—all while staying true to its boutique, client-centered values.

Awards & Recognition

Ryan already has notable public credentials and prestige:

  • He has been featured in outlets such as Forbes, Wall Street Journal, U.S. News, among others (as mentioned on the site).

  • Realtor Magazine named him a “Top 30 Under 30” in the country (as noted on his Raleigh Realty page).

  • Raleigh Realty is widely acknowledged in the local real estate community for its digital prowess and thought leadership.

  • The company is consistently ranked among the top real estate firms in Raleigh and is known for having one of the highest-traffic real estate websites in the region.

Community Involvement & Giving Back

Ryan’s leadership extends far beyond the closing table. He has built Raleigh Realty to be a company that actively gives back to the community and invests in making Raleigh a better place to live.

  • The Green Chair Project – Ryan and Raleigh Realty proudly support The Green Chair Project, a local nonprofit that provides essential furnishings and household items to families transitioning out of homelessness, crisis, or disaster. By partnering with this organization, Ryan helps ensure families have the comfort and dignity of a furnished home.

  • Food Donations & Drives – Raleigh Realty regularly organizes and contributes to food donation efforts, partnering with local pantries and organizations to help fight food insecurity across Wake County. These efforts bring agents, clients, and neighbors together to support those in need.

  • Local Events & Client Appreciation – Raleigh Realty hosts family-friendly gatherings such as pumpkin patch outings, coffee + donut socials, and seasonal celebrations designed to strengthen neighborhood bonds.

  • Supporting Schools & Youth Programs – Ryan partners with local schools and youth organizations to provide resources, sponsorships, and mentorship opportunities, ensuring that the next generation has access to growth and guidance.

  • Small Business Advocacy – Raleigh Realty proudly highlights and partners with local small businesses, amplifying their visibility and reinforcing Raleigh’s reputation as a vibrant place to live and work.

For Ryan, success is measured not just in sales, but in the lasting relationships and community impact Raleigh Realty leaves behind.

AgentLoft – Powering the Next Generation of Realtors

Ryan is also the visionary behind AgentLoft, a SaaS platform designed to help Realtors nationwide build their brand and generate leads. AgentLoft websites combine IDX technology, SEO expertise, and AI integration to give agents the competitive edge they need.

Personal Mission

As a proud father to his daughter Emma, Ryan’s mission is bigger than business. He’s dedicated to building a brokerage and a platform that create opportunity and stability for families, clients, and agents alike. His approach blends entrepreneurship with empathy—ensuring that Raleigh Realty continues to grow not just in sales volume, but in reputation, trust, and impact.


👉 Whether you’re buying or selling a home, or you’re a Realtor looking for the right brokerage to grow your business, Raleigh Realty—under Ryan Fitzgerald’s leadership—offers the expertise, technology, and community-minded culture to help you succeed.

Chapters
01
North Carolina Homestead Laws
02
North Carolina Property Lines and Fence Laws
03
North Carolina Lease and Rental Agreement Laws
04
North Carolina Law Concerning Real Estate Fraud
05
Who Regulates Real Estate Laws in North Carolina
What's your home worth?
Have a top local Realtor give you a FREE Comparative Market Analysis