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Questions Answered by Paige Kurtz
1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Landlord requires me to leave electric and water on at the end of the lease term, for them to clean carpet. Is it legal?

They say I will be charged a reconnection fee if I fail to leave utilities on.

Paige Kurtz
Paige Kurtz
answered on May 15, 2017

You are only responsible for utilities through the end of the term of your lease, unless there is a provision in your written lease that requires otherwise. When you terminate your utilities, confirm that no actions may be taken on your account by anyone except you.

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: If the same person is listed as a registered agent and incorporator of an organization, does this mean he/she owns it?
Paige Kurtz
Paige Kurtz
answered on May 9, 2017

No. Neither an incorporator nor a registered agent have to have any ownership or title affiliation with an organization. Incorporator and registered agents are often third parties, such as attorneys or companies that are set up to act as registered agents.

1 Answer | Asked in Collections for North Carolina on
Q: Can a party (private elementary school) legally forward a debt to collections before sending you an invoice?

My daughter went to a Montessori school, but left two years ago. We just received notice we owed more than $5,000 in tuition (some more than 3 years old). The school was notoriously bad at invoicing parents more than a year late. We requested details on this debt, but then received a letter the... View More

Paige Kurtz
Paige Kurtz
answered on May 5, 2017

Generally yes, this can happen. Contracts have a three year statute of limitations and a review of the invoices and the facts would be necessary to determine if the debt was beyond the statute of limitations. This is a defense you will have to raise, so they can still proceed to collect the debt.... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Can I sue my brother for my share in a business that I solely founded and later had oral agreement for him to run

I founded a technology business in 2001 and in 2002 made oral agreement with my brother to run with the business and I would be silent partner retaining 50%.

Throughout the years I was paid nothing as business exposed and finally in 2010 he started paying a nominal monthly amount of about... View More

Paige Kurtz
Paige Kurtz
answered on Apr 10, 2017

Possibly, but this is a complicated matter and you will need to sit down with an experienced lawyer and go through all of the detail. It is possible you may have a breach of contract claim. However, some time has passed and you may have lost claims by waiting to pursue this.

1 Answer | Asked in Contracts for North Carolina on
Q: what can I do to make sure he doesnt resell the car or take it away from me?

I recently got a car from a guy that I dont know, we talk a lot about my needs and his, im currently 19 yrs old and i dont have a lisence and neither my boyfriend so we ask the guy if he would let us buy the car and still be under his name and we were going to pay the insurance every month so he... View More

Paige Kurtz
Paige Kurtz
answered on Apr 6, 2017

You can do a written contract that would cover the terms of your agreement. However, everything about this agreement does not sound good. Is there a lien on the vehicle. What if he doesn't make the payments. Why don't you have a lien on the vehicle? In the current status, he could sell... View More

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can a seller be forced to sell their house, if there is a contract and the property is due to close in 7 days?
Paige Kurtz
Paige Kurtz
answered on Apr 4, 2017

If you have a signed written contract for the sale of the home, then the contract can be enforced. If you believe the other party is in breach of the contract, then you should contact a real estate attorney for assistance.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: What can a landlord do if I don't pay my last month of rent?
Paige Kurtz
Paige Kurtz
answered on Mar 30, 2017

The landlord can sue you for the rent due and any other amounts that would be due under the lease. If the landlord has a security deposit, the security deposit can be applied to nonpayment of rent and utilities, along with any damages or repair costs incurred by the landlord.

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: In the state of NC under a cost plus contract for building a home , what items are permitted to be INCLUDED under costs

For example : building permits ? Also , all contracts I assume carry an obligation of " good faith and fair dealing". But in a Cost Plus because the financial leverage is in the builders favor , is the level of responsibility "ratched" up , toward fiduciary ?

Paige Kurtz
Paige Kurtz
answered on Mar 28, 2017

What is included in the costs is a function of what the parties negotiate to be above and beyond the contractor's fee. There is no set law or statute on this. There is unlikely to be any fiduciary duty from the contractor to the homeowner whether is a cost plus contract or fixed amount.

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?
Paige Kurtz
Paige Kurtz
answered on Mar 28, 2017

There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if... View More

1 Answer | Asked in Employment Law and Construction Law for North Carolina on
Q: Is my non compete binding?

I am a construction superintendent for a multi family builder, but we build the apartments for the same company who then leases the units. I bring that up, due to I have no contact with customers or trade secrets. Also the NCC states that I cant work in any counties for one year where the company... View More

Paige Kurtz
Paige Kurtz
answered on Mar 27, 2017

Generally, non-competes are valid if they are reasonable with respect to time and geography. The time limitation in your non-compete is short, but the geography is potentially large and this inverse relationship is generally valid. But, the clause about "plans on owning property" probably... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can you provide me the statute, in its entirety, requiring the landlord to repair premises?
Paige Kurtz
Paige Kurtz
answered on Mar 24, 2017

The landlord tenant statutes in North Carolina are located at NCGS Chapter 42. You probably want to review 42-42. You can access the full text of all statutes on the North Carolina General Assembly website.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Q: My mother in law wants to sign over her house to me and my wife. It is paid off, and she is of clear state of mind.

She has fallen behind on some bills and does not want her house to be taken. I have severe preservations about this. It seems to cut and clear.

Paige Kurtz
Paige Kurtz
answered on Mar 23, 2017

You should consult with a real estate attorney who can advise you on the best method to complete the transfer and any issues that might arise because of your concerns. If you have concerns about a relative questioning the state of mind of the mother, you may also want to consult with an attorney... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord is going to sell their property my family and I currently rent on a month to month basis. What rights do we

have for timetables of when we need to be out etc.

Paige Kurtz
Paige Kurtz
answered on Mar 17, 2017

You'll need to vacate the premises when given proper notice by either the current owner or the new owner. On a month to month basis, the notice period is seven days.If you haven't vacated by the end of that period, the owner, new or old, can file an action to evict you.

1 Answer | Asked in Collections for North Carolina on
Q: Can a debt be put on my credit report over 10 years later?

I had several rental properties go into foreclosure in 2007-2008. The water bills were not paid by the tenants and the water company put them in my personal name. They just now put this on my credit report. Is that legal?

Paige Kurtz
Paige Kurtz
answered on Mar 13, 2017

The statute of limitations in North Carolina for breach of contract is three years. If the water company filed suit, you could raise the defense of statute of limitations and the case would be dismissed. Judgments are valid for ten years, but it doesn't sound like they obtained a judgment... View More

1 Answer | Asked in Contracts for North Carolina on
Q: Can we get out of a contract that was purchased by another party?

We signed a one year agreement for a travel baseball team at $170/month with an extra $400 up front for an all access workout pass. This pass did not provide any added benefits as all players had access with paying $400 extra. After 7 months the original company almost folded and a a new company... View More

Paige Kurtz
Paige Kurtz
answered on Mar 10, 2017

Both parties are bound by the original contract and its terms. Review the contract for its terms on charging fees, such as the $170.00 and for termination provisions. None of the facts you have presented appear to indicate fraud. Unless the contract allows for one party to unilaterally modify its... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I signed a new lease in Jan 1st which included my dog. The landlord now says he is re writing the lease without the dog

Is this legal, to come up with a new lease because he says the dog can't be here anymore? The dog got out of the yard and barked at the neighbor.

Paige Kurtz
Paige Kurtz
answered on Mar 8, 2017

The written lease should say under exactly what circumstances the lease can be altered. Generally, the answer would be no, unless the lease allows for a change to be made under certain conditions. If the landlord believes you are in breach of the lease because of an issue with your dog, they need... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Am I being wrongfully evicted?When the landlord made a text agreement to have rent late?Can she still evict?

In February 2017 I had a family emergency that I had to leave for,when I got back we asked our landlord if we could pay February rent on the 28th along with the next months rent.She said she would ask the owner,a day or 2 later she replied to us and said yes the owner was okay with that.This was... View More

Paige Kurtz
Paige Kurtz
answered on Mar 3, 2017

If your rent is paid in full and your are otherwise in compliance with the lease, then there is no basis for eviction. You cannot withhold rent for any reason. Tender your rent now and the landlord should withdraw the eviction. If the landlord persists, you will need to attend the hearing and... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Are there any rights a consumer or business owner has if you've signed a confession of judgment

Can the confession of judgment be given more time if you don't have all the money for a lump sum settlement with a creditor? I don't want it on my public record or credit but additional time is needed. Will the court contact me before a confession of judgment is submitted or do I ask them... View More

Paige Kurtz
Paige Kurtz
answered on Feb 28, 2017

If you aren't in compliance with the agreement you made with the creditor then the creditor can file the confession of judgment.They and the clerk are not required to give you any notice, unless you have a written payment agreement which requires the notice. You'll need to contact the... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord raise rent in the middle of the lease, because someone moved into the house with the family renting it?

I have been living a house with a family renting it in North Carolina. The landlord gave me a 5-day notice to pay an extra $250 per month for the remaining of the lease. I have been living with the family since they moved in 6 months ago and the land lord knew about it but I never signed the lease... View More

Paige Kurtz
Paige Kurtz
answered on Feb 28, 2017

Typically leases allow a certain number of people to reside in the residence. If the original lease did not allow your residency, then the tenants are in violation of the lease. Since the property is already under lease, this is really like the landlord is renting out a specific space to you. So,... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Complicated case about an unnotarised business contract.

I bought a failing business from a couple in my hometown. They wrote a contract, but because I was sometimes late (wishing 5 days, but the contract actually gave me 10) they would harass me. The husband even kept texting me at 2:30 in the morning. Now, I had to leave the state for personal reasons... View More

Paige Kurtz
Paige Kurtz
answered on Feb 27, 2017

You need to contact an attorney immediately to discuss your case.Once more facts are learned, the attorney may be able to take steps to stop actions on the other party's part. A contract of this type does not have to be notarized to be valid. If you are not in default of the contract, they... View More

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