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a minor. The sellers now have to petition the court. What is the process and how long can it take?
Thank You
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... View More
I replaced the hot water tank within 2 days after she notified me
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.... View More
Can the seller force re-negotiation based on the new items that will be replaced
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.
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
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... View More
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.
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... View More
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... View More
Can I legally just ask her to leave?
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... View More
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... View More
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... View More
I have a warranty deed and a real estate purchase agreement for NC
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.
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.
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... View More
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?
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... View More
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?
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.
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.
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... View More
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... View More
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... View More
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... View More
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
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.
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... View More
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... View More
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... View More
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... View More
Shall I hire a lawyer to get a judgement and then find a way to collect the debt?
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... View More
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