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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My uncle died 4 years ago. Everything went to his only child. 2 years ago, the child died. The uncle had a will, however

It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More

0 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a known subdivision from the developer of the subdivision in WinstonSalem(NC).After the contractor dug the footing ,Footing city inspector asked for a soil test.We hired a soil test engineer.We discovered the soil was not suitable to support the foundation.He dug to... View More

0 Answers | Asked in Family Law, Land Use & Zoning and Real Estate Law for North Carolina on
Q: While I was in prison my father passed away and his land was left to the heirs which was me my brother and sister

My sister signed her part over but my brother black mailed me into signing my part over with the threat of him not paying the taxes and letting the irs take it and my grandmother having to move her home can I take him to court and get it back

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
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answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
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0 Answers | Asked in Real Estate Law for North Carolina on
Q: is it discrimination or a violation of fair housing law for a rental company to submit only 1 applicant for rental if

I was in contact w them for weeks prior about the unit. I asked if I could go ahead & apply they said no but would call when I could look at it. Got call end of day saying they were showing it. Called next day was told it'd be Mon bc of key. Viewed it at 4pm Mon called then to tell them I... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: HOA responsibility or Owner?

Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 17, 2024

I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I get a title to a mobile home when one of the sellers on the title is deceased?

The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: I want to sell my house and am married. I have tried serving divorce papers on my spouse several times and can't locate

The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)

Anthony M. Avery
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answered on Apr 9, 2024

You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the

Court until he claims it, and withdraws it by Order of the Court.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Proxy question for annual meeting

This is what the proxy says: by not returning this proxy or not attending meeting of the association, your vote regarding association business defers to the board of directors. This does not sound "legal" to me and does not sound like it would meet quorum.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: In 2016, I purchased a condo only in my name. My husband did not help buy. Now he says he gets 1/2 the money if I sell.

We live in NC, and the condo is in NC. I don't think he deserves 1/2 of the sell of this property.What is the NC law regarding this situation?

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a real estate deal for over a year. Can I sue for money plus loss of potential revenue from her.

We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.

Typically, you cannot get reimbursed for "sweat equity," but you should have other options.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?

Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Unless the deed specified the mother-daughter ownership as joint ownership with rights of survival, the daughter's children should own the daughter's 50% interest in the property.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?

Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More

Anthony M. Avery
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answered on Mar 30, 2024

You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My husband wants to remove my name from the deed of our home for his Last Will purposes.

He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More

Anthony M. Avery
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answered on Mar 19, 2024

Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
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answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina on
Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

James L. Arrasmith
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answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
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