Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jake Andrew Snider
1 Answer | Asked in Civil Litigation for North Carolina on
Q: If someone purposely committed fraud and settled out of court with the company they were suing. Can that be overturned?
Jake Andrew Snider
Jake Andrew Snider 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 rights of... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: Company failed to disclose retention pond behind new construction of townhome. Can I get out of the contract?

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... Read more »

Jake Andrew Snider
Jake Andrew Snider 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 based... Read more »

1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Is Verbal Agreement legal in North Carolina if the party passes away?

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... Read more »

Jake Andrew Snider
Jake Andrew Snider 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 property... Read more »

2 Answers | Asked in Construction Law for North Carolina on
Q: Our builder walked off the job leaving us with thousands of dollars work that needs to be corrected.

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... Read more »

Jake Andrew Snider
Jake Andrew Snider 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 builder;...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: Are verbal agreements for home ownership legally binding in NC?

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... Read more »

Jake Andrew Snider
Jake Andrew Snider 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 prove the... Read more »

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: if my name is on the deed as right of surviorship as well as my daugher and her name is on the note - can she sell it

can she sell it without my permission we are in NC

Jake Andrew Snider
Jake Andrew Snider 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... Read more »

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider
Jake Andrew Snider 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... Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: how can you preclude acceptance to just the terms of the offer?
Jake Andrew Snider
Jake Andrew Snider 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.

1 Answer | Asked in Business Law for North Carolina on
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.

This week she went to the bank and embezzled all the money in the account. What recourse do I have?

Jake Andrew Snider
Jake Andrew Snider 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 probably have a...
Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?

Can my boss call the General Contractor and tell him not to award me any bids?

Jake Andrew Snider
Jake Andrew Snider 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... Read more »

1 Answer | Asked in Contracts and Insurance Bad Faith for North Carolina on
Q: 5.“Interior”- within... exterior walls; under roofing materials; above basement floor or home’s slab

In the above clause, does ";" mean "and" or "or"? I am trying to get the floodlights under my eaves repaired under warranty.

Jake Andrew Snider
Jake Andrew Snider 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 claim... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue developer for not completing front yard drainage a year later?

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?

Jake Andrew Snider
Jake Andrew Snider 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 drainage... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.