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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

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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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

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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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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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.

NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without...
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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect... View More

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1 Answer | Asked in Small Claims and Contracts for North Carolina on
Q: If someone takes your car and says they'll make payments but then doesn't pay you can you report it stolen

My friend wanted to buy my car but didn't have the money for it yet, so I let him borrow it on the basis he'd make payments, he kept making excuses of why he couldn't pay, even wrecked the car and blew the motor. Now the car is Mia and he won't tell me where it is.

James L. Arrasmith
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answered on Nov 12, 2023

When you initially allowed your friend to take your car with the agreement that he would make payments over time towards purchasing it, that established a verbal contract between you. However, when he failed to make the payments as promised, stopped communicating with you, and essentially... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: My gym cancelled my membership because they said I was doing something outside the gym but not related to my membership.

I went to work out yesterday. The gym operator said, without and evidence or truth, the operator said he had spoken to several "families" and i was involved in some kind of behavior he didn't like. When I asked what that behavior was he refused to explain or tell me who he had spoken... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 24, 2023

This is very difficult to answer because we cannot see your membership contract. There are no laws regulating gym memberships in North Carolina other than one saying the maximum length is three years, and the contract must cleary disclose the right to cancel and how to cancl - for the buyer (not... View More

1 Answer | Asked in Contracts for North Carolina on
Q: In NC can I cancel a car lease within three days of signing?
T. Augustus Claus
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answered on Oct 13, 2023

North Carolina does not have a law that gives consumers the right to cancel a car lease within three days of signing. However, some car dealerships may have their own policies that allow consumers to cancel a lease within a certain period of time. Check with the dealership where you leased the car... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

1 Answer | Asked in Contracts for North Carolina on
Q: I have a price lock contract with T Mobile. This month they implemented an additional charge without notice.

Many of their customers are in the same situation.

T. Augustus Claus
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answered on Jul 28, 2023

If you have a price lock contract with T-Mobile and they have implemented an additional charge without providing prior notice, it might be considered a breach of contract.

In North Carolina, as in most states, contracts are legally binding agreements, and both parties are expected to adhere...
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2 Answers | Asked in Business Law, Contracts and Intellectual Property for North Carolina on
Q: I recently obtained the rights to two characters and wish to stop their current use by an organization

A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.

Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More

James L. Arrasmith
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answered on Jul 28, 2023

Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More

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1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: I have a vehicle, loan and contract through US AUTO sales. They closed. Filed bankruptcy. A debt collector.

Has taken over the contracts. warranties are now and never was valid. No Gap Insurance because US AUTO sales didn't pay for the warranties or Gap. What can I do? US AUTO sales Is In breach of contract In many ways. I was paying debt collector but not sure what to do. Can't get copies of... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 13, 2023

US Auto Sales has gone out of business, you cannot contact them any more. You need to keep making your car payment to preserve your credit. Send a letter in writing to the company who claims they took over the loan and request copies of all relevant documents as well as a copy of the loan payment... View More

1 Answer | Asked in Contracts and Tax Law for North Carolina on
Q: Business agrees to hire a local police department for off-duty services. The business is asked to sign a contract from

the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... View More

2 Answers | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More

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1 Answer | Asked in Contracts for North Carolina on
Q: Have a OneMain title Loan, looking for surrender car but willing to still pay difference after car value on Loan

All I want is the difference taken off with the value of my car and finish paying the difference on my Loan

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

A few things to consider:

The amount owed after surrender a car to the lender may be the difference between the loan and the SALE PRICE (not the "value").

Surrender may be considered a voluntary "repossession," and it will likely show on a credit report as such...
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1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Reasonable time for a contractor to complete a very small addition to an existing structure.

In May 2022 I signed a contract with a builder where no completion time is fixed in the contract. This contract involves adding on a small office space, approximately 250 square feet to the existing structure of my home. The contractor verbally agreed to a completion date of September 2022.... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

What is considered "reasonable" may vary. For example, if you had to order specialty materials and delivery was affected by the recent supply chain issues, a year might not be extremely unreasonable. However, the fact that the completion date was only agreed on verbally means that you... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for North Carolina on
Q: I'm looking for some answers regarding Noncompete law in NC.

I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More

1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Can anyone refer me to an attorney to file a civil suit in wake county to get back 2 vehicles I consigned to a dealer.

DMV said I need a lawyer for "claim and delivery" for vehicles. DMV investigated and put a block on my 2 titles so he cannot sell them. In early March DMV officer K.F. Dalton told the dealer (who permanently lost his dealer license in Nov 2022) to return my vehicles but he ignored them... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

Claim and delivery is not an issue that comes up every day, like traffic tickets. So, most attorneys will go their entire career without ever handling one of these.

However, if you're specifically looking for an attorney who already has experience, you might try an online search for...
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