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Questions Answered by Nathan Hull

1 Answer | Asked in Business Law, Contracts and Employment Law for North Carolina on

Q: Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?

Time frame is 2 years

Territory is 23 states

Employment referred to as "at-will"

Employee position is non-managerial

Nothing is being offered to sign

Nathan Hull answered on Jul 1, 2016

Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory... Read more »

1 Answer | Asked in Intellectual Property, Business Law, Consumer Law and Internet Law for North Carolina on

Q: Can i be sued for selling MLM items online at Amazon/Ebay?

Hello,

My question is Products like Mary Kay, Shaklee, Amway, etc.. these products are sold by consultants, but many sell online. I do sell some online, not many, just enough for some extra money since my wife lost her job.

I received an email from one of those companies stating... Read more »

Nathan Hull answered on Jul 1, 2016

Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very... Read more »

1 Answer | Asked in Estate Planning and Business Law for North Carolina on

Q: If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?

Hi,

If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?

What filing status can be declared (if any) to not make it disregarded entity?

Or, do I need to just create two Living Trusts so ensure it is not a disregarded entity?... Read more »

Nathan Hull answered on Jul 1, 2016

My guess is that this arrangement is unnecessarily complex and you should discuss with a competent attorney in your state what your goals are with this arrangement. Generally LLCs are disregarded entities for taxes. You could elect to have the LLC taxed as a C-Corp if you wanted corporate... Read more »

1 Answer | Asked in Business Law on

Q: If the power of attorney on a firm has nothing to say about authorization to sell it, can the Attorney-in-fact sell it?

Nathan Hull answered on Jul 1, 2016

It is difficult to tell from the question what authority has been granted. A power of attorney may not need a specific reference to the business if it otherwise allows for the sale of that class of assets. A power of attorney is limited to what it authorizes. You should contact an attorney in... Read more »

1 Answer | Asked in Probate for North Carolina on

Q: my father died without a will. I have started the probate process and have been appointed personal representative.

surviving are my sister and me. there is a mortgaged home.Can I pay that with personal funds and have the deed in my name. my sister will sign off rights to the property

Nathan Hull answered on Dec 15, 2014

North Carolina is a bit strange when it comes to inherited real estate. Based on the facts you have stated, you and your sister are the current owners of the real estate as tenants in common. She could deed you her interest in the property. Until creditors are cut off through the estate process,... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Is there a way in NC to change a deed from tenants in common to joint tenancy with right of survivor-ship?

My grandfather added me to the deed, but as a tenant in common not joint tenancy with ROS, the lawyer did not explain what the difference was and told him once HE signed it it could not be changed. However, I did not sign any paperwork.

Nathan Hull answered on Dec 15, 2014

You can prepare a new deed from both of you to both of you with the correct terms included.

1 Answer | Asked in Car Accidents for North Carolina on

Q: what can i do if i got into a wreck because of a ditch that had no marks an u couldnt see it?

i was in my car drove down a road that was a dead end i reached the culd a sac an was turning around an next thing i knew my car was in a 4ft ditch there was no markings an you couldnt see it, someone who seen it happen an pulled my car out even said it was a dangerous ditch an he has to pull... Read more »

Nathan Hull answered on Dec 15, 2014

There could be a claim against the party that owns or maintains the property. Whether it is worth suing depends on the damages you sustained. The costs for this type of action will probably be higher due to the need for expert testimony.

1 Answer | Asked in Personal Injury for North Carolina on

Q: Is this murder or vehicular homicide ?

Due to a motor cycle accident, my daughter lost her life., The driver was proven negligent. My daughters injuries were localized to her abd area and were so bad it killed her, she had no other injuries. The driver has given 4 different statements as to what happen and is denying the families right... Read more »

Nathan Hull answered on Dec 15, 2014

I would ask the attorney you retained for the wrongful death suit to contact the district attorney's office to see what is being pursued and why it is not a greater charge. Would have to know more to give more advice.

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Are you responsible for taxes on a property that is willed to you before you take ownership of the deed?

My grandaughter was given a property by my late brother. The estate is finally being finalized after a period of 1 1/2 years. My granddaughter is being asked to pay the back property taxes on these 18 months even though she still as to this date has not received the deed. She is expecting to... Read more »

Nathan Hull answered on Dec 15, 2014

North Carolina is a bit strange when it comes to inherited real estate. Usually there is no deed from the estate. Your granddaughter has owned the property since the date of death and the estate has had the right to recoup the property to pay bills if necessary. While different facts and... Read more »

1 Answer | Asked in Business Law for North Carolina on

Q: I need business advice

I sold some merchandise to a business, clothing which I buy from a wholesale manufacturer and then have there business logo imprinted on it from a different company. The order was paritialy filled a over a 8 weeks ago and the customer has received it. The remaining merchandise was on back order... Read more »

Nathan Hull answered on Oct 23, 2014

The UCC covers this transaction and there is a strong possibility that the customer has the right to reject, or revoke acceptance of, the entire order. This all hinges on facts that are not apparent. The primary issue is whether the buyer agreed to accept the items in installments or otherwise... Read more »

1 Answer | Asked in Business Law for North Carolina on

Q: We are a family run business in Yancey County...new road is not allowing full access to our business. Can we change this

Nathan Hull answered on Oct 23, 2014

More facts would have to be known to property answer this question. That being said, you may be entitled to an easement and road access if you have suddenly become landlocked due to changes in the roads.

1 Answer | Asked in Car Accidents for North Carolina on

Q: Uninsured Motorist Insurance Coverage & Laws

Recently in a wreck driving the car of my recently deceased boyfriend. Was not aware that the insurance had terminated two days earlier. Should my insurance cover this cost?

Nathan Hull answered on Oct 23, 2014

It would be helpful to know who was at fault in the accident. If no one else was at fault, it could be difficult to get coverage under those circumstances.

1 Answer | Asked in Contracts for North Carolina on

Q: In a 50/50 Franchise contract with a biz partner, how could GNC take away our biz because a Senator makes a phone call?

The biz partner didn't want to continue working, so his relative, a Senator called GNC corp. to shut us down and put 14 people out of work!

Nathan Hull answered on Oct 23, 2014

You will have to check your franchise agreement to determine whether their termination of the contract was justified. Generally the franchise has drafted these agreements in their favor.

1 Answer | Asked in Contracts for North Carolina on

Q: I sold my part of my business to my ex brother in law. we wrote up a contract signed it with witness. but he hasnt keep

His end .how do i get my money or the business back

Nathan Hull answered on Oct 23, 2014

You can sue for breach of contract.

1 Answer | Asked in Contracts for North Carolina on

Q: How do i go about getting my money or business back?

I entered into a writtin agreement to sell my part of a business. he has not and refuses to pay. what can I do that wont cost me a lot of money.

Nathan Hull answered on Oct 23, 2014

Unfortunately there are not many options that don't cost money. You could sue the buyer for specific performance which would require him to go through with the deal. You also could sell to someone else and potentially recoup damages from the original buyer if you can't get as good a price.

1 Answer | Asked in Contracts for North Carolina on

Q: signed as is contract with a private seller on a car but not the title can i sue for. a refund

Nathan Hull answered on Oct 23, 2014

This may depend upon the reason you are returning the vehicle. Under N.C.G.S. 25-2-608 you can revoke your acceptance of the vehicle if you find an undisclosed defect.

1 Answer | Asked in Contracts for North Carolina on

Q: Is a verbal and hand shake a ways of a legal contract in NC

Nathan Hull answered on Oct 23, 2014

With a few exceptions you can have a verbal contract that is enforceable. The bigger issue is proving it.

1 Answer | Asked in Contracts for North Carolina on

Q: We bought a vehicle 3 weeks ago. We had a verbal agreement and are making pmts. The seller came to us and said he wants

The vehicle back so he can sell to someone else. We also found out the vehicle didn't belong to him. It belong to a relative of a friend. What do we do?

Nathan Hull answered on Oct 23, 2014

The manner in which he is selling the vehicle may be illegal if he is holding himself out as a dealer. If you only have a verbal agreement, and there is no transfer of the title, he may have rights in the vehicle. You may want to contact an attorney to try and work through the issues.

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