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answered on Jun 26, 2018
I am afraid this question is too vague for any lawyer to be able to give it a meaningful response. Generally, agreements that are entered into based upon a fraud may be voided by the defrauded party. Also, generally speaking, a "settlement" between two parties is unlikely to abridge the... View More
I am from out of state and plan to move to Apex, NC at the end of the year. I visited briefly and found what looked to be a perfect new build townhome. I didn’t have time to see the lot. They said it’d have trees behind it (great view). They sent a picture and retention pond was not in view. We... View More
answered on Jun 1, 2018
The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense... View More
My grandmother owns property downtown, but passed away. She told me that after I finish school, she would give me the lease and do whatever I seem fit with it, but currently someone is leasing the property. She passed before she could put it in writing and one of her kids might want to take over... View More
answered on May 31, 2018
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real... View More
We bought our lot from Mr. xxxx last year and he offered to build our home for us. He showed us several homes in the neighborhood and in the Hendersonville area that he built. Because of this we assumed he was a licensed contractor. All of our dealings with him, from when we first contacted him... View More
answered on May 30, 2018
Getting your arms around this dilemma is going to be complicated and will require the assistance of a licensed attorney, preferably someone in your geographic area who is experienced in both construction law and litigation.
It sounds like you technically had a "contract" with the... View More
In exchange for a base salary and no raise for 20 years my spouse and his parents had an agreement that he would one day own our home. My spouse had been the only resident since it was built until we got married approx 8 yrs ago and now we reside together. His parents refuse to sign over the deed... View More
answered on Apr 30, 2018
Generally, under North Carolina's "Statute of Frauds", agreements to transfer real property have to be in writing and signed; however, there are sometimes exceptions to the Statute of Frauds. For example, when someone relies on a promise to their detriment, they might be able to... View More
can she sell it without my permission we are in NC
answered on Apr 19, 2018
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of... View More
answered on Apr 19, 2018
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should... View More
answered on Apr 19, 2018
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
This week she went to the bank and embezzled all the money in the account. What recourse do I have?
answered on Apr 19, 2018
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you... View More
Can my boss call the General Contractor and tell him not to award me any bids?
answered on Apr 19, 2018
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a... View More
In the above clause, does ";" mean "and" or "or"? I am trying to get the floodlights under my eaves repaired under warranty.
answered on Apr 19, 2018
I'd love to help you out, but unfortunately without more context you're question cannot really be answered. I assume this is part of a policy you are trying to understand? If so, these policies are even difficult for practiced attorneys! You should consider reaching out to an insurance... View More
I had developer build house for us and we occupied 1/25/2017. The front yard has significant drainage issues and developer said they would fix it. This hasnt happened. How long should I give them and what court should I sue them in?
answered on Apr 19, 2018
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing... View More
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