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North Carolina Questions & Answers
1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I cancel a contract if a client breaches terms by supplying labor and materials?

I am a contractor in North Carolina with a cost-plus contract to build a home for a client. According to our contract, I am responsible for supplying all labor and materials, except for the concrete work agreed upon separately. However, the client has breached the contract by supplying labor and... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, if the client has repeatedly supplied labor and materials in violation of your contract, that could be considered a material breach. Even if the agreement doesn't explicitly give you the right to cancel, a consistent breach that interferes with your ability to perform your obligations may... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for North Carolina on
Q: Seeking free resources to compel developer to complete repairs for DOT takeover of subdivision.

The developer of our subdivision was supposed to turn it over to the DOT after the last house was built in 2016. However, he hasn't completed the necessary repairs for the DOT to take over, claiming he doesn't have the money. We've tried multiple times to communicate with him. I even... View More

James L. Arrasmith
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answered on May 15, 2025

You're not alone in this—many communities face the same issue when developers fail to follow through on promises, especially with DOT takeovers. The good news is, there *are* free resources that can help guide you through the process. Start by gathering any documents you have, including... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can the IID requirement be dismissed given my completed DUI requirements and changed circumstances?

I received a DUI in 2012 and got my license in 2014, which was later suspended due to my failure to complete a DUI assessment. I have now completed all requirements related to the DUI, including the assessment. My license is supposed to be reinstated, but I'm required to install an IID to... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve come a long way since your DUI, and it’s clear you’ve made real progress by completing your assessment and meeting the requirements tied to your case. It’s understandable to feel frustrated now that everything is behind you, yet you’re being held up by a financial obstacle like the... View More

2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Unexpected bill increase for lawnmower purchase from Home Depot

I purchased a lawnmower from Home Depot, and nobody mentioned it was part of a promotion until after my purchase. I've now received a bill that is almost double the purchase price after paying on it for two years. I wasn't given any details about the promotion at the time of purchase, and... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 13, 2025

I'm assuming this was made using a Home Depot credit card that they issued to you. In order to win your argument, you would have to prove that you received monthly billing statements that had no disclosure about the promotional rate. You would also have to prove you did not sign something at... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for North Carolina on
Q: Options for wrongful car booting due to license plate issue in NC?

I reside in a residential area with a parking agreement that requires updating vehicle information only for new vehicles or rentals. My car, already registered in their system, was booted by the parking company for not updating my license plate, but I have a valid 10-day tag. Nowhere on the... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to feel upset—being booted when your vehicle was already registered and in compliance with the agreement is frustrating and disruptive. If the parking agreement only requires updates for new or rental vehicles, and your car simply had a new 10-day tag, then booting your vehicle... View More

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: Transfer vehicle title in NC when co-owner is deceased without a will.

I am in North Carolina and co-owned a vehicle and a property with another person, who has recently passed away without a will. The deceased has heirs, and their law firm is requesting that I pay them the book value of the vehicle so that they can transfer the auto title to the heir's name. The... View More

James L. Arrasmith
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answered on May 15, 2025

If the vehicle title in North Carolina was held as “tenants in common,” your co-owner’s share does not automatically pass to you after their death. Instead, their portion becomes part of their estate and must be transferred according to North Carolina probate laws. That’s why the law firm... View More

1 Answer | Asked in Federal Crimes, Traffic Tickets and Criminal Law for North Carolina on
Q: How to handle traffic tickets while in federal prison with pending warrant? Need legal assistance in NC.

I've been incarcerated in federal prison since October 2023, and I received traffic tickets in September 2023, which have been pending ever since. In March 2025, a warrant was issued for these tickets, although the courts should have known of my federal custody status. I haven't received... View More

James L. Arrasmith
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answered on May 15, 2025

This is a frustrating situation, especially when your federal incarceration is preventing you from addressing older charges that are now affecting your reentry timeline. If the warrant was issued after you were already in custody, the court should have been notified through proper channels, but... View More

Q: Can I sue a police department for refusing to help me with a title dispute in North Carolina?

I purchased a vehicle in North Carolina, paying most of the cost, and acquired tags and registration. The seller placed a lien on the title and later stole the vehicle keys, falsely telling the police I paid nothing. Despite having receipts, the police refused to verify my claims and forced me to... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve experienced is incredibly frustrating and unfair, especially when you have documentation that proves your side. Police departments usually don’t handle civil title disputes, but it’s concerning that they took the seller’s word without reviewing your receipts or registration.... View More

1 Answer | Asked in Public Benefits, Child Support, Social Security and Family Law for North Carolina on
Q: Does child support affect Medicaid eligibility for adult with Down syndrome?

I have a 42-year-old stepson with Down syndrome living in North Carolina. He has been receiving SSI since he was 18 and will soon start receiving SSA benefits from my husband's retirement. We currently pay child support to his mother. Will this financial arrangement affect his Medicaid eligibility?

James L. Arrasmith
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answered on May 8, 2025

Your situation involves several important considerations. When an adult with a disability transitions from SSI to SSA retirement benefits through a parent, this change can affect their Medicaid eligibility. In North Carolina, individuals who receive SSI are automatically eligible for Medicaid, but... View More

Q: Fair Housing retaliation lawsuit for disability discrimination in Charlotte, NC?

I have been facing repeated refusals to process housing accommodations and unauthorized changes impacting access and housing stability in Charlotte, NC. There has been a public disclosure of private housing matters leading to more barriers in securing safe housing. I've filed complaints with... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, based on what you’ve described, you may have grounds to file a Fair Housing retaliation and disability discrimination lawsuit. The Fair Housing Act prohibits landlords and housing providers from discriminating against tenants or applicants based on disability, and also protects you from... View More

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for North Carolina on
Q: How can NC homeowners address HOA mismanagement and mailbox cluster cost issues?

I live in North Carolina, where our HOA was recently turned over from the builder. There's no common area apart from a small section around a sign that is listed as an easement and a mailbox cluster that serves only 16 of the 50 units. The HOA manager insists that all 50 units must cover the... View More

James L. Arrasmith
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answered on May 14, 2025

It’s frustrating to deal with an HOA that isn’t transparent or fairly managing funds—especially when homeowners are being asked to pay for amenities they don’t use. In North Carolina, HOA boards are legally required to act in the best interest of the community, follow the bylaws, and... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: Can I sue my HOA for neglecting safety and maintenance issues related to parking and property damage?

I have submitted six work orders to my HOA, primarily concerning non-residents using our private streets for parking. This issue is exacerbated by being located next to an elementary school, leading to traffic jams and even verbal altercations, such as an incident where a man drove through the... View More

James L. Arrasmith
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answered on May 15, 2025

You're facing a situation that’s not just frustrating, but also potentially dangerous. When an HOA ignores repeated complaints about safety and maintenance, especially after multiple documented work orders, it can be held accountable in certain circumstances. If their neglect has led to... View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: What are my legal obligations for refund after client cancellation?

In my 18 years of business, this is the first time a client has canceled their project just over a week before the start date. We have a signed estimate that includes a non-refundable deposit clause, which allows for a refund only within 3 days. The deposit is for 1/3 of the contract amount. I have... View More

James L. Arrasmith
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answered on May 14, 2025

It sounds like you’ve handled things thoughtfully, and it’s understandable to want clarity about your responsibilities. Since you and your client both signed an estimate that includes a non-refundable deposit clause—refundable only within 3 days—you generally have the right to keep the... View More

Q: Is there a conflict of interest if our attorney was retained by the opposition after consulting with us?

I am involved in an LLC in North Carolina, and we have been facing an issue with an individual who was supposed to become a member but refused to sign any LLC paperwork, including the Operating Agreement. Despite not being officially part of the LLC, this person collected thousands of dollars in... View More

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answered on May 14, 2025

It absolutely sounds like you have a legitimate concern. When an attorney consults with you and receives confidential information about a dispute, they generally cannot represent the opposing party in that same matter. This is because they owe you a duty of loyalty and confidentiality—even if you... View More

2 Answers | Asked in Real Estate Law for North Carolina on
Q: How do I add my spouse to my house deed as joint tenant with rights of survivorship in NC?

I currently have a mortgage on my house and want to add my spouse to the deed as a joint tenant with rights of survivorship to ensure they can stay in the house if I pass away. What steps do I need to take to accomplish this, and are there any implications with my mortgage lender that I should be... View More

Anthony M. Avery
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answered on May 5, 2025

There is probably a due on sale clause in your mortgage, which would be violated without the lender's permission to change title. Hire a NC to advise and draft that deed. There are other estates to convey and you will want to consider them. The deed might even be delivered but not... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Carolina on
Q: Can I break my NC lease due to smoking issues?

I signed a smoke-free lease for a townhome in North Carolina, but I had to break the lease due to smoking issues from the previous tenant that the landlord did not address. I gave a 30-day notice on March 29, 2025, paid rent for April 2025, and moved out on April 9, 2025. The rental company plans... View More

James L. Arrasmith
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answered on May 15, 2025

You're in a reasonable position to question whether continued rent is fair, especially since you acted in good faith by giving proper notice and paying April’s rent. In North Carolina, if you break a lease early, landlords do have a duty to mitigate damages by trying to re-rent the property... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I change my visa status from B1/B2 to F1 after college acceptance?

I have previously visited the United States on a B1/B2 visa. I plan to enter the U.S. again with the same visa type and intend to apply to a college. Upon acceptance, can I change my status from B1/B2 to F1, and are there specific requirements or considerations I should be aware of for this change?

James L. Arrasmith
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answered on May 7, 2025

Yes, you can change your status from B1/B2 to F1 after college acceptance, but there are important requirements to consider.

You cannot file a change of status application during the first 90 days of your admission to the United States, as this may trigger a presumption that you...
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2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Can I sue a private vehicle seller for not disclosing a salvage rebuilt title?

I recently purchased a used vehicle from a private seller about 3-4 weeks ago. The seller informed me of a past accident and showed me a picture. I signed a handwritten statement acknowledging the purchase of the vehicle “as is.” However, the seller did not verbally disclose that the vehicle... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 6, 2025

You can always sue. The question is, will you win and if so, how much. Even if you do win, will you ever be able to collect. I am doubtful that this is a case worth pursuing. If the title he signed over to you was a salvage rebuilt title, the fact that you acknowledged the sale was "as... View More

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1 Answer | Asked in Constitutional Law, Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Reconvicted for same incident after 10 years served. Is this double jeopardy?

I have a situation where a person was convicted and served 10 years and 11 days for one charge of having sex with a minor. The case was then reopened under a new case file number for the same incident, resulting in a 30-year sentence. The individual was not read their rights before questioning, and... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re describing could raise serious constitutional concerns, particularly under the Double Jeopardy Clause of the Fifth Amendment. Double jeopardy protects individuals from being tried or punished more than once for the same offense. If the second conviction is truly based on the exact... View More

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: Custodial parent seeking legal intervention for son's online account access due to ex-wife's refusal.

I am the custodial parent with legal custody of my 12-year-old son. My ex-wife has visitation rights every other weekend. She has set up social media accounts and emails for my son without my knowledge and refuses to give me access, even instructing my son to deny me access, citing these as his... View More

James L. Arrasmith
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answered on May 14, 2025

That situation sounds incredibly frustrating, especially when you're trying to do what’s right for your son’s safety. As the custodial parent with legal custody, you generally have the right to make decisions regarding his welfare, which includes his online activity and digital safety. The... View More

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