Form REC 4.22 at a glance
What it is: Residential Property And Owners' Association Disclosure Statement, REC 4.22, protecting the Public Interest in Real Estate Brokerage Transactions.
Who signs: Sign on Owner Signature and enter the Date.
North Carolina law N.C.G.S. 47E requires residential property owners to complete this Disclosure Statement and provide it to the buyer prior to any offer to purchase.
A filled-in Form REC 4.22 example: an owner answers Sections A and B questions
How to fill out Form REC 4.22, box by box
Property Address/Description and Owner's Name(s)
Enter the Property Address/Description and the Owner's Name(s).
Is the property currently owner-occupied
Is the property currently owner-occupied? Enter the Date owner acquired the property. If not owner-occupied, enter how long it has been since the owner occupied the property.
In what year was the dwelling constructed
Enter the year the dwelling was constructed.
Have there been any structural additions
Have there been any structural additions or other structural or mechanical changes to the dwelling(s)?
In what year was the dwelling's roof covering installed
Enter the year the dwelling's roof covering was installed.
Leakage, seepage, infestation and fire damage
Is there a leakage or other problem with the dwelling's roof or related existing damage?
Is there water seepage, leakage, dampness, or standing water in the dwelling's basement, crawl space, or slab?
Is there an infestation present in the dwelling or damage from past infestations of wood destroying insects or organisms that has not been repaired?
Has the dwelling ever experienced damage due to a fire?
Have you ever filed a claim for fire damage to the dwelling with any insurance provider?
Electrical system and heating and/or air conditioning
Is there a problem, malfunction, or defect with the dwelling's electrical system (outlets, wiring, panels, switches, fixtures, generator, etc.)?
Is there a problem, malfunction, or defect with the dwelling's heating and/or air conditioning?
Owner Signature
Owner(s) acknowledge(s) having reviewed this Disclosure Statement before signing and that all information is true and correct to the best of their knowledge as of the date signed.
More rules for Form REC 4.22
An owner is required to provide a response to every question by selecting Yes (Y), No (N), No Representation (NR), or Not Applicable (NA).
If an owner selects Y or N, the owner is only obligated to disclose information about which they have actual knowledge.
If an owner selects Y in response to any question about a problem, the owner must provide a written explanation or attach a report from an attorney, engineer, contractor, pest control operator, or other expert or public agency describing it.
If an owner selects N, the owner has no actual knowledge of the topic of the question, including any problem.
If the owner selects N and the owner knows there is a problem or that the owner's answer is not correct, the owner may be liable for making an intentional misstatement.
If an owner selects NR, it could mean that the owner (1) has knowledge of an issue and chooses not to disclose it; or (2) simply does not know.
If an owner selects NA, it means the property does not contain a particular item or feature.
An owner is not required to disclose any of the material facts that have a NR option, even if they have knowledge of them.
However, failure to disclose latent (hidden) defects may result in civil liability.
The disclosures made in this Disclosure Statement are those of the owner(s), not the owner's broker.
There are limited exemptions for completing the form, such as new home construction that has never been occupied.
Owners are advised to seek legal advice if they believe they are entitled to one of the limited exemptions contained in N.C.G.S. 47E-2.
An owner is responsible for completing and delivering the Disclosure Statement to the buyer even if the owner is represented in the sale of the property by a licensed real estate broker and the broker must disclose any material facts about the property that the broker knows or reasonably should know, regardless of the owner's response.
If the owner does not, the buyer can, under certain conditions, cancel any resulting contract.
The owner should keep a copy signed by the buyer for their records.
If something happens to make the Disclosure Statement incorrect or inaccurate (for example, the roof begins to leak), the owner must promptly give the buyer an updated Disclosure Statement or correct the problem.
Note that some issues, even if repaired, such as structural issues and fire damage, remain material facts and must be disclosed by a broker even after repairs are made.
Explanations for questions in Section A, Section B, Section C, Section D, Section E, Section F, Section G and Section H (identify the specific question for each explanation).
If you answer Yes to question H1, you must complete the remaining questions in Section H. If you answered No or No Representation to question H1, you do not need to answer the remaining questions in Section H.
If yes, provide the information requested as to each owners' association to which the property is subject [insert N/A into any blank that does not apply].
Buyers(s) acknowledge(s) receipt of a copy of this Disclosure Statement and that they have reviewed it before signing.
The buyer signs on Buyer Signature and enters the Date.
Common questions about Form REC 4.22
Is there a deadline?
The owner must give a completed and signed Disclosure Statement to the buyer no later than the time the buyer makes an offer to purchase property.
Sources
[1] Form REC 4.22 (REV 7/26), Residential Property And Owners' Association Disclosure Statement, North Carolina Real Estate Commission (the Official source link on this page).
