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Questions Answered by Paige Kurtz
1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Carolina on
Q: Can somebody PLEASE answer my question about tenants security deposit that was not returned by property management?

Property management license was revoked by NC real estate commission, but before that we hired this property management to handle our rental property and terminated the contact after one year. We were told by tenants that they thought their security deposit is with us, unfortunately that is not the... View More

Paige Kurtz
Paige Kurtz
answered on Nov 8, 2016

You will need to review both your contract with the management company the the actual lease. Each document will specify the rights and obligations of the parties with the respect to the security deposit. The management company has an obligation to account for the security deposit and either... View More

1 Answer | Asked in Contracts for North Carolina on
Q: Festival sponsor refuses to make full refund on payment from vendor when festival was rescheduled. Is this legal?

A vendor signed a contract and paid $200 for a booth at an upcoming festival. The date of the festival as specified in the contract was unilaterally changed by the festival sponsor due to inclement weather. Due to other commitments, the revised date was unacceptable to the vendor. When the... View More

Paige Kurtz
Paige Kurtz
answered on Nov 4, 2016

The terms of the written contract will govern what is allowed and what is not allowed. Also if the contract references any other guidelines, those additional terms would be incorporated into the contract. For instance if the contract references some general guidelines for the event, etc. The... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for North Carolina on
Q: Is there a document a buyer can sign to forfeit a contract for deed, if they are not paying their payments?

The house was sold under contract for deed in 2011, the buyers never made any payments and disappeared after 4 months leaving the county and leaving the home with many repairs. We have been renting the home and have had no luck locating the buyers who disappeared. We want to sell this house but,... View More

Paige Kurtz
Paige Kurtz
answered on Nov 2, 2016

If you can locate the buyers, the parties can sign a document that will terminate the contract and any rights the buyers might have to the property. There is not enough detail in your question to determine the current status of the contract. Likely the contract is in breach and you could sue to... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a landlord add a clause in a rental lease to make the tenant responsible for drain and toilet stoppages/plumbing?
Paige Kurtz
Paige Kurtz
answered on Nov 1, 2016

A landlord cannot waive its responsibility to maintain plumbing and sanitary parts of the home. If such a provision is in the lease, the tenant must receive compensation for performing those duties. Generally, such a change would take place when a new lease is entered into for a new term. It cannot... View More

1 Answer | Asked in Real Estate Law and Employment Law for North Carolina on
Q: I was employed as a subcontractor broker with a real estate agency. If I leave them does the agency own my prospects?

I worked for the agency as an associate since October 2014 and left the agency October 2016. I signed an agency generated agreement (the agency has no policy manual) in October 2015 that included this clause: After termination of the contract by Broker, the Broker/Associate shall have no rights to... View More

Paige Kurtz
Paige Kurtz
answered on Oct 28, 2016

Based on this information alone, I would say no. However, an attorney will need to review the whole contract to determine if that is the appropriate answer and to fully advise you. It is well worth your time to pay the minimal amount for advice from an attorney on this. The agency's response... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hello, I am willing to give a niece by marriage a mobile home. No title. Can a form be signed and notorized? No money

I have the bill of sale. I am not accepting money.

Paige Kurtz
Paige Kurtz
answered on Oct 18, 2016

Yes, you can create a contract to pass the ownership of the mobile home to your niece and show that she now owns the property. It would not be a bill of sale since it is not a sale, but a gift.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

They owe 3,600 unpaid balance; paid 1,500 NR deposit and $900 towards the $6,000 tuituon. Since they were dissatisfied, I didn't try to collect unpaid balance. Child was over 18, but lawsuit says "contract with minor"/missreprentation of program. But contract was signed and... View More

Paige Kurtz
Paige Kurtz
answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the... View More

1 Answer | Asked in Employment Law and Business Law for North Carolina on
Q: In NC, signed private employer document stating I will pay back travel costs for training if i resign within 90 days

I resigned due to the excessive hours I had to work that was not part of the agreement. No lawyer signed form I signed and document was not notorized. Am i still legally responsible for that travel cost for business?

Paige Kurtz
Paige Kurtz
answered on Oct 7, 2016

Without more information and knowing the exact terms of the contract, yes, you are responsible. You signed a contract agreeing to be responsible. Unless there was a breach of that contract by the employer which would potentially relieve you of your obligations to perform, it is likely a valid... View More

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: I was evicted back in July 2013. Can collection agency sue me after 3 years or does NC statue of limitations apply
Paige Kurtz
Paige Kurtz
answered on Oct 4, 2016

The statute of limitations is a defense. The collection agency can file suit on the debt. It is your responsibility to raise the defense. If you don't, a judgment can be entered for the amount claimed. It also depends on when the statute runs from in this case. It may not yet be expired.

1 Answer | Asked in Business Law for Georgia on
Q: In GA. If a person has an interest in an LLC and has to declare bankrupcy in another company, does he lose the interest

in the LLC.

Paige Kurtz
Paige Kurtz
answered on Sep 15, 2016

More information would be needed to fully answer this question. If you are filing a business bankruptcy (for an incorporated entity), then officers and shareholders personal holdings in other companies are unlikely to be relevant. If you are filing a personal bankruptcy for a company that is a sole... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Can a corporation cease operations if it has outstanding debt?
Paige Kurtz
Paige Kurtz
answered on Sep 9, 2016

Yes. Corporations can generally cease operations at any time, depending on the corporate documents. The business will go through the winding down process in which debts are paid and company business is brought to a close.

1 Answer | Asked in Contracts for North Carolina on
Q: If a contract has the legal name misspelled is the contract still valid?
Paige Kurtz
Paige Kurtz
answered on Sep 7, 2016

More than likely, the answer is yes. More information would be needed, but it would generally boil down the the facts. If the contract has been performed by both parties, there really is no question who entered into the contract.

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for North Carolina on
Q: can a dealership take a car back after driving for 30+ days b/c they don't want to payoff a lien on trade?

dealership knew of the lien, they failed to verify the payoff until Thursday. Now they telling me I have to bring the car back today. I have had the car for over 30days. Have been financed, it shows on my credit report, etc.... The lien on the vehicle is $1500 more than they can pay. They failed... View More

Paige Kurtz
Paige Kurtz
answered on Sep 6, 2016

It depends on the written terms of your contract with the dealership. If the contract limits the amount they will pay or makes the payment contingent on any factors, then you may be out of luck and have to return the car. However, if the contract states that they will pay the lien, without any... View More

1 Answer | Asked in Contracts for North Carolina on
Q: I bought a car and signed a contract. Have not made down payment or taken possession of car yet. Can I cancel the contr?
Paige Kurtz
Paige Kurtz
answered on Aug 30, 2016

No. Motor vehicles do not fall within the type of contract that can be cancelled. There are some types of contracts that can be cancelled, typically within three days, but motor vehicles are not included. Your contract is already in effect and you are bound to make the payment and take possession.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can I have wages garnished or a lien placed against a tenant that owes back rent?

A summary ejection against the tenants has been awarded by Alamance County, NC

Paige Kurtz
Paige Kurtz
answered on Aug 22, 2016

Wages cannot be garnished in North Carolina, except is a very few circumstances, such as child support. As to liens, a judgment lien attaches to any real property owned by the judgment debtor on the date the judgment is recorded in the county where the property lies. For personal property (anything... View More

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: If a business receives an overpayment on an account from a customer, are they legally obliged to notify the customer?

This is a business in North Carolina that has "store credit" accounts, and then is paid against those balances by its customers. Also, if such an overpayment exists (or if a credit from another circumstance, such as refund on store credit exists) on the account, is it illegal to apply... View More

Paige Kurtz
Paige Kurtz
answered on Aug 17, 2016

The answer to this question depends on the terms and conditions of your credit account agreement. Most account agreements would allow application to an outstanding balance. However, if payments are made with a specific designation as to how they should be applied, it is questionable especially... View More

1 Answer | Asked in Collections for North Carolina on
Q: Must a "dubious" collections "firm" serve me a MOTION TO CLAIM EXEMPT PROPERTY Form to collect on 6-year-old judgement?

I have been receiving calls from a woman, "Elaine Garcia" from a "firm" in California for a week. I answered the first call and said I was "not interested." They began by calling from a "private" number and then began leaving a CA number (626) 2... They also... View More

Paige Kurtz
Paige Kurtz
answered on Aug 10, 2016

Judgments are valid for ten years and can be renewed for an additional ten years, so anytime during the validity of the judgment, the creditor can attempt collections. Motions to claim exempt property are valid for one year if no writ of execution is issued. So a creditor can serve you with Notice... View More

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can a seller renege on an accepted offer before they sign the contract to sell a home?

another buyer made a higher , full offer. The sellers original counter offer to the first buyer was accepted verbally, but the contract had not been signed by the sellers before another offer by a second buyer was presented. Can the seller renege on a verbal acceptance of an offer?

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

Contracts to sell or convey property in North Carolina must be in writing which is the offer and the acceptance. Unless it is in writing, it is generally considered non-enforceable. It pays to move quickly to get a signed contract for competitive real estate. Now, if you had incurred any expenses,... View More

1 Answer | Asked in Contracts and Land Use & Zoning for North Carolina on
Q: I relocated because a friend of a friend promised me a rental property. Now they are no where to be found.

I moved from Philadelphia to Charlotte with my family after a friend of a friend promised to rent one of her rental properties to me. She could not give me a lease yet because she had a tenant moving out but she said I could move in as soon as they were out. So I transferred my job and uprooted my... View More

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

Leases for less than three years do not have to be in writing to be valid in North Carolina. However, since she specifically stated that she was not giving you a lease yet, it would likely be hard to prove you had a lease. There are many properties to rent in Charlotte, so its harder to show... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What kind of lawyer do I need to bring action against a well driller for installing wells that fail to meet code?

The inspector indicated the wells must be re drilled and installed to code. The company will not respond. I want to hire a new well driller to correct the problem and get my money refunded from the first company. The wells have had problems since installation last summer.

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

A contracts, collections, business litigation or construction lawyer would be appropriate. A construction lawyer is not required and would probably result in higher rates. You should proceed forward with this matter as soon as possible.

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