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Questions Answered by Paige Kurtz
1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: i bought a car the nc dealer had a lien and financed the car however it is paid for now the dealer will not give me

the title and will not release the lien and lies to be all the time.. what can i do.

Paige Kurtz
Paige Kurtz
answered on Jul 25, 2017

You may be able to file a small claims action to force the dealer to turn over your "property" the title. There may also be a procedure through the DMV that can be used to clear the title if you have proof that the lien is paid in full. If neither of those options is available to you, you... View More

1 Answer | Asked in Business Formation, Contracts and Construction Law for North Carolina on
Q: How we can negotiate with contractor to finish the project?

Hi. We live in Concord NC. We signed a contract to build a new parking lot. The disign was signed and approved by the city. We paid the 88% already to the contractor and he didn't finish the job correctly. We talk all together with the engineer to let him know what he has to fix up. The... View More

Paige Kurtz
Paige Kurtz
answered on Jul 18, 2017

The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for my landlord to raise my rent when I already signed my year lease two months ago?
Paige Kurtz
Paige Kurtz
answered on Jul 18, 2017

The landlord can only raise the lease as allowed by the written lease. Typically, in residential leases, the rent is set for the term, but contracts can always allow for the rent to be modified. If there is nothing in the lease that allows for this, then the rent should stay as is.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: We signed a 2 year lease, we have been her 8 weeks. Now our landlord is selling the house, can we stay if it sells?

Landlord may terminate tenancy at expiration of initial term by given written notice 60 days prior to the exp date of initial term.

Paige Kurtz
Paige Kurtz
answered on Jul 13, 2017

You have the right to occupy the house until you are given notice to vacate the premises. Assuming your lease is still in effect when the house sells, the new owner may simply give the notice of termination of the lease and you would be required to leave.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: So for every time she charged me I am due a refund is that correct? I no longer live on the premises.

For being charge court fees and the landlord never filed the paperwork.

Paige Kurtz
Paige Kurtz
answered on Jul 7, 2017

Yes. The landlord cannot charge fees that are (1) not allowed by the contract (2) not incurred by the landlord (3) not agreed to by the parties.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a landlord charge you court paperwork fees and never actually went to file the paperwork for late rent in NC

My landlord would threaten to file court papers for me being late but never filed them but charged me an additional 125.00

Paige Kurtz
Paige Kurtz
answered on Jul 7, 2017

If the landlord did not actually incur the costs, then no they cannot bill you for filing.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: in the state of North Carolina. Is it the tentant responsibility to paint the property once evicted or the landlords?

I painted three rooms. She is telling me I should of painted the entire house so all the walls are clean. I painted nothing, because I thought landlords are suppose to go in and paint the entire house. Before a new tentant

Paige Kurtz
Paige Kurtz
answered on Jul 7, 2017

Review the written lease for your obligations upon moving out of the rental property. General wear and tear is allowed, so unless the lease specifies that you must repaint the property or you have agreed to do so, the law does not require it.

1 Answer | Asked in Construction Law for North Carolina on
Q: If you were remodeling a home and paid money, can the owner hold your tools if she is unhappy and wants her money back

I was paid portial money upfront to do a remodeling job but the homeowner and I have a disagreement and now she is holding my tools until I return her the money she's paid me as a deposit

Paige Kurtz
Paige Kurtz
answered on Jun 26, 2017

Technically no, there is no right to retain your property without an agreement to do so. If you just need to recover the tools, you can file a small claims action to recover the property. If you are still owed money on the contract, you likely could also handle that in small claims. Of course, the... View More

1 Answer | Asked in Contracts, Personal Injury, Business Law and Car Accidents for North Carolina on
Q: If I'm paying my vehicle off 11 months early am I legally obligated to pay the interest of the full term

The vehicle was 3500 cash he agreed to finance it for one year with 1500 down after a month I made my first payment of 300 the next day I was hit insurance has totaled the vehicle he is saying the payoff is 3300 after financing it for a year it would have been 5100 at $300 a month however I've... View More

Paige Kurtz
Paige Kurtz
answered on Jun 22, 2017

If there is a written contract, then the terms of the contract govern what you must pay. Typically lender contracts have clauses that cover early payment. If this is just an individual, then it is the terms that you agreed to whether in writing or verbal. If you did not agree to pay interest for... View More

1 Answer | Asked in Construction Law for North Carolina on
Q: Under NC law, what percentage of the total estimate of a new residence does one give to the contractor
Paige Kurtz
Paige Kurtz
answered on Jun 20, 2017

There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends... View More

1 Answer | Asked in Collections for North Carolina on
Q: We obtained a Default Judgement. The debtor owes nearly $25,000. Best methods to actually collect?
Paige Kurtz
Paige Kurtz
answered on Jun 12, 2017

There is no best method to collect but there are many options to try. Real and personal property assets can be seized to satisfy the judgment. Debtors are often willing to make payments. Trying to figure out what can be taken and what will result in payment on the judgment is not easy. The... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I am being deposed, who can I expect to be present at the deposition?
Paige Kurtz
Paige Kurtz
answered on Jun 12, 2017

Typically, it will just be the parties, their attorneys and the court reporter. The other party has a right to be there as does your attorney if you have one.

1 Answer | Asked in Contracts for North Carolina on
Q: A general contract (whom have been paid half) of the total labor cost, does not provide or agree to a completion date?

What are my options? Work is very slow and comes only when he wants to.

Paige Kurtz
Paige Kurtz
answered on Jun 8, 2017

If no date or time is specified in the contract, then the law says it must be completed within a reasonable time. What is reasonable depends on the facts and circumstances of the case. If you feel that they are beyond what could be reasonable, you can terminate the contract and hire a replacement... View More

1 Answer | Asked in Business Law and Real Estate Law for North Carolina on
Q: We have a signed contract to buy a property from an LLC (from Florida) but the LLC is inactive. is this possible in NC?

They, the LLC, says that it will cost them $3k to reactive their LLC and they don't want to.

Paige Kurtz
Paige Kurtz
answered on Jun 5, 2017

Technically, the LLC is not authorized to conduct business but it may be that they are dissolving so they do not wish to continue operations. While the company is dissolving the company may carry on by closing up the business, this would include selling off assets. In addition, an unauthorized... View More

1 Answer | Asked in Collections for North Carolina on
Q: Is a judgment creditor required to provide serial numbers for debtor's personal property for sheriff to seize?

I have a judgment against a debtor, and Writ of Execution has been executed. Sheriff states that I need to provide serial numbers of any personal property item in order to seize it, to prove the item belongs to the debtor. I refer to household goods (not vehicles). This is virtually impossible and... View More

Paige Kurtz
Paige Kurtz
answered on Jun 5, 2017

The method to obtain the information that the sheriff requests is through post-judgment interrogatories or an exam of the debtor. Through this process what assets the debtor owns would be disclosed. Most creditors aren't picking up personal household goods because they simply are worth the... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to charge rent when you have vacated and returned keys

Our landlord is releasing us from our lease early, they have rented our apartment as of June 12th. The problem I have is that they require us to be out of the apartment by noon on May 31 but yet they say we must pay rent until june 12th and we must keep utilities in our name until then. Is this... View More

Paige Kurtz
Paige Kurtz
answered on May 30, 2017

If the landlord is requiring you to vacate the property by a certain date and you do not occupy the property beyond that date, then you are not responsible for rent or utilities beyond that date.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Do I sue my landlord in the state she lives in or the state where property is located and lease was signed?

My landlord has withheld my deposit unlawfully and I now need to sue her but I live in NC and the Property is in NC but she lives in VA

Paige Kurtz
Paige Kurtz
answered on May 23, 2017

Because she owns property in North Carolina, she is subject to North Carolina's jurisdiction. I would file suit in North Carolina. However, if you are using small claims, suit can only be filed in the county where she resides. Thus, you would have to sue her in Virginia.

1 Answer | Asked in Child Custody and Construction Law for North Carolina on
Q: What are legal rights to get paid for work you have done without a signed contract if you left job unfinished?
Paige Kurtz
Paige Kurtz
answered on May 23, 2017

You have the right to get paid for the work that you performed. It is not necessary that it is in writing. However, if the homeowner must hire someone to complete the job and/or repair your work, they can offset those payments against any monies owed to you. So, if it costs more for the homeowner... View More

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: What does "Comparing a Copy at Time of Recording" mean? (regarding register of deeds office in North Carolina)
Paige Kurtz
Paige Kurtz
answered on May 16, 2017

Requesting the Register of Deeds to compare and certify that the copy is the same at the original at the time of recording. Typically the Register of Deeds provides certified copies after taking the request and making the appropriate review, generally not immediately. This service is an immediate... View More

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: how can the HOA get our funds reimbursed for an improvement project gone wrong with no signed contract?

He then sent us a contract to sign that was worded differently from our verbal agreement and had also completely denied agreeing to provide a number of services that were omitted. The problem is that we, the HOA board mailed him the material deposit check of $7700 and is now sitting with some of... View More

Paige Kurtz
Paige Kurtz
answered on May 15, 2017

If the written contract does not accurately describe your agreement, do not sign it. Unfortunately, that leaves you with a verbal agreement which will be your word against his. The contractor cannot force you to sign the contract. At this point ,he has already been paid for the materials supplied,... View More

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