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Questions Answered by Cameron Lambe
1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: After having an offer accepted on a home it was determined that a deceased member of the seller has a heir who is a

a minor. The sellers now have to petition the court. What is the process and how long can it take?

Thank You

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

I assume from your question that it has already been determined that the minor does have a valid interest in the property? If the deceased had a will, that is not always the case, which is why I am inquiring.

If the heir does have an interest, the sellers will have to include the heir in...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: As a landlord, my tenant’s hot water tank broke and increased her bill. Am I responsible for her bill?

I replaced the hot water tank within 2 days after she notified me

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

The short answer is that it will depend on your lease agreement. Many lease agreements contain provisions regarding maintenance and repairs that outline the responsibilities of each party. Often, these only require that the landlord be responsible for timely fixing written maintenance requests.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: I have a contract to sell a home but 3 days prior to closing there is a fire. Is this still a valid contract

Can the seller force re-negotiation based on the new items that will be replaced

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

The purchase agreement likely contains provisions concerning "acts of god" i.e., a fire, as well as requirements for modification or re-negotiation. Please consult your purchase agreement and/or an attorney to determine what rights and responsibilities both parties have in this instance.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I share ownership of real estate with one person. Can I gift my part to them without their acceptance?

My brother and I inherited property from mother, he does not want to sell, and has record of not paying taxes and such. I do not want the liability if I my property can incur a lein or other legal forfiture. Please direct or advise

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

All of this will depend on how the property was conveyed to you, which will be evident from the language in your deed. It is possible that your interest may be unaffected by anything your brother does (or doesn't do), but it is impossible to say without knowing what type of interest you hold in... Read more »

1 Answer | Asked in Real Estate Law and Business Law for North Carolina on
Q: Can a North Carolina HOA borrow money without the consent of affected homeowners/lot owners?
Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

Many powers and restrictions of an HOA are outlined in the governing documents of the HOA. Please consult your articles and bylaws and/or an attorney to determine if these rights are spelled out in them.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I legally sell a home where I am not on title?

Background- I want to sell my home, but my spouse is the only one on title. He left years ago and is residing in another country and hasnt been heard of since. He does not want to be found so I have no way of getting in contact with him. What are my options? Note- the home is currently in... Read more »

Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

If your spouse is the only one holding legal title, you may not have much of an option to sell the home. It is possible that you may have an interest in the home if your spouse purchased it while you were together, but an attorney would need to review the deed. There are different types of deeds... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I let a friend move into my home,(i am not putting her name on anything) what do I need to do if it doesn't work out?

Can I legally just ask her to leave?

Cameron Lambe
Cameron Lambe answered on Sep 25, 2017

It will depend on whether or not she pays rent or any utilities. If she does, it may be construed as her actually having a lease, even if there is not one in writing. Leases are a tricky area of the law, and if you have any concerns, it would be best to consult an attorney about the specifics of... Read more »

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on
Q: What kind of lawyer do I need?

Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother or... Read more »

Cameron Lambe
Cameron Lambe answered on Sep 25, 2017

Mr. Blackton is correct that you cannot give verbal notice to vacate.

This is even slightly more complicated than a simple landlord-tenant eviction, since there is no lease or other formal agreement, from what you've stated. You will not be able to go through the normal summary ejectment...
Read more »

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2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I have to have to have a lawyer if I am buying a piece of land and I have all the necessary paperwork?

I have a warranty deed and a real estate purchase agreement for NC

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

Closing on a piece of property without a law license is generally considered the unauthorized practice of law and is illegal. There are some specific scenarios in which that is not the case, but from the information you have provided, you will need an attorney.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My husband purchased a home but the title reads his name as a married man." We are in NC. Do I have rights to the home?

When he gets angry with me he says I don't cause my name is not spelled out on the deed. He also tells me if we split up I'll be made to go back to the home I purchased before marriage although my son currently lives there.

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

In North Carolina, a deed conveyed to a married person is presumed to be granted as a tenancy by the entirety to both spouses. This is the same if the deed says "to John Doe and spouse." If you were married at the time of the purchase, you likely have an equal right to the property unless the... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on
Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate... Read more »

1 Answer | Asked in Small Claims for North Carolina on
Q: How do I go about getting money from a defendants bank account after winning a small claims case?

The defendant has no property of value for me to take so it is my understanding my only other option is to try to get as much out of her bank account to be paid back. Do I need to know her account number to do this?

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

You don't need to know the account number, but you will need to know the bank that the defendant uses. The process is long and involves filing an execution and bank levy. If you have any questions about the process, please consult an attorney.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In N.C. Must a room have a closet in it to be considered a bedroom? Or can a closet be outside the room in a hallway?
Cameron Lambe
Cameron Lambe answered on Sep 18, 2017

A bedroom does not need to have a closet, but must meet certain other requirements more fully outlined in the residential building code.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Please see additional information below.

Im in North Carolina. I was served with a collections lawsuit. The opposing asked the court for a court date on July 27,2017 and I was aware of the date that he asked for. However I was never given notice from the county courts office that this date was in fact THE court date. Now I have a judgment... Read more »

Cameron Lambe
Cameron Lambe answered on Sep 18, 2017

It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default... Read more »

1 Answer | Asked in Contracts, Juvenile Law and Real Estate Law for North Carolina on
Q: I am a 17 year old from North Carolina, my parents are thinking of buying a home under my name, is that possible?
Cameron Lambe
Cameron Lambe answered on Sep 16, 2017

It's hard to give an answer based on your question. While contracts made with a minor are generally valid (although the minor can often void them unless ratifying them after turning 18), the contract would need to be made with your consent. If you are implying that your parents are planning to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: In NC can an owner of a leased home ask the tenant to leave before the lease is up? If so, what is the notice time frame
Cameron Lambe
Cameron Lambe answered on Sep 16, 2017

The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for North Carolina on
Q: Breech of contract and recovery - 3 people $4,000 total 1 contractor

one banjo builder in Pittsboro took money from 3 indivuals totaling over $4000 for custom banjo orders, never delivered cut off all communication - can we file a joint suit against the builder - all plaintiffs are out of state

Cameron Lambe
Cameron Lambe answered on Sep 11, 2017

Since your suit likely involves the same transaction, events, and facts, you are permitted to join all of you as plaintiffs in the action.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My tenant has a lease with us until Feb 2018. We told them we were putting the house on the market

in the end of July 2017 and it was listed by Mid August. They decided to move out at the end of August 2017. I believe they technically gave us 30 days verbal notice. We planned on giving them 30-45 days notice when we got an offer. Do we technically owe them their security deposit because they did... Read more »

Cameron Lambe
Cameron Lambe answered on Sep 6, 2017

In general, the terms of your lease agreement will control. Your lease should provide the requirements that must be satisfied to end the lease, whether at the end of a term or upon the happening of other conditions that you establish.

While a security deposit may be held for nonpayment of...
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2 Answers | Asked in Civil Litigation, Contracts and Small Claims for North Carolina on
Q: Selling a car to a "friend" and now getting stabbed in the back, what should I do?

My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... Read more »

Cameron Lambe
Cameron Lambe answered on Sep 4, 2017

North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover... Read more »

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2 Answers | Asked in Contracts and Collections for North Carolina on
Q: I have an signed agreement to refund me $20,000 from a company but it is past due and they did not pay.

Shall I hire a lawyer to get a judgement and then find a way to collect the debt?

Cameron Lambe
Cameron Lambe answered on Sep 4, 2017

Although you could represent yourself, hiring an attorney with experience in contracts and collections would be helpful considering the amount of money at stake. An attorney will be able to assist you to help ensure that you obtain proper service, file the right action, and follow the proper... Read more »

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