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North Carolina Business Law Questions & Answers
0 Answers | Asked in Business Law, Contracts, Consumer Law and Insurance Defense for North Carolina on
Q: Seeking lawyer for contractor dispute on house fire repairs in NC.

I had a house fire and hired a contractor for repairs. The contractor submitted a list to the insurance company, including items like crane usage for roof work and eight dumpster loads of trash removal, which weren't used (only four dumpsters were used and no crane). He claims he made... View More

0 Answers | Asked in Business Law, Contracts, Libel & Slander and Personal Injury for North Carolina on
Q: Options for addressing misrepresentation by a firm that hired me but has no work and misleadingly listed me as a tutor.

I was recruited and hired by an educational firm to teach their LSAT courses and submitted 10 references. They listed me as a senior tutor on their website, benefiting from my 20 years of experience, yet they have no work for me and won't respond to my emails. I have screenshots of messages... View More

0 Answers | Asked in Business Law, Contracts and Gov & Administrative Law for North Carolina on
Q: Do uncashed refund checks for spay/neuter deposits still constitute a debt in NC?

I run a company in North Carolina that requires a deposit from adopters, which is refunded upon providing proof of spay/neuter surgery. Many refund checks issued to adopters remain uncashed. Although our contract requires proof within a year to avoid forfeiture of the deposit, it does not address... View More

1 Answer | Asked in Antitrust and Business Law for North Carolina on
Q: Is Kaplan's exclusivity agreement with universities an antitrust violation?

I am concerned that Kaplan Test Preparation's "All Access" program, which provides free test preparation courses to university students in exchange for the universities’ agreement not to introduce competitors, constitutes a monopoly over certain universities. This exclusivity... View More

Patrick A. Twisdale
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answered on Apr 23, 2025

Exclusivity agreements, where a buyer agrees to purchase only from a particular seller for a set period of time, are a common form of nonprice vertical restraint and are not per se unlawful under U.S. antitrust law. Courts analyze such arrangements under the rule of reason, weighing both their... View More

2 Answers | Asked in Business Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Does our HOA have a fiduciary duty to enforce rules to maintain our community's private status?

I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

In North Carolina, homeowners' associations (HOAs) have a fiduciary duty to act in the best interest of the community, which includes enforcing rules and regulations that are established by the residents or the governing documents. This duty is generally derived from the governing documents of... View More

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3 Answers | Asked in Banking, Business Law, Civil Litigation, Stockbroker Fraud and Securities Law for North Carolina on
Q: Advisor stopped communication after transferring money; $1,350 taken. What to do?

I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More

Ryan K Bakhtiari
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answered on Apr 24, 2025

If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:

Document Everything: Keep records of all communications with the advisor, including emails,...
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2 Answers | Asked in Business Law, Consumer Law and Contracts for North Carolina on
Q: Legality of using multiple LLCs to bypass NC dealer's license requirements?

In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More

Patrick A. Twisdale
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answered on Apr 10, 2025

Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More

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2 Answers | Asked in Business Law, Contracts and Tax Law for North Carolina on
Q: Can I gift cryptocurrency bought with a personal loan to my daughter in NC?

I live in North Carolina, and I'm married. In 2023, I took out an individual loan of $20,000 in my name only to purchase cryptocurrency. I would like to gift this cryptocurrency to my daughter. There are no specific terms in our marriage regarding financial decisions, and I have primarily... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

The IRS allows you to gift up to a certain annual exclusion amount per person without incurring federal gift tax. For 2024, that amount is $18,000, and for 2025 that amount is $19,000. If the cryptocurrency's value exceeds this, you'll need to file Form 709, but you might utilize your... View More

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1 Answer | Asked in Real Estate Law, Business Law and Insurance Defense for North Carolina on
Q: Can creditors take my house if my son defaults on his new home's payments?

I added my son's name to the deed of my home in Gastonia, NC, with the provision that he inherits it upon my death. The house is fully paid off, with no liens or claims. My son is now purchasing a new home in another state, and his real estate agent requested a declaration of insurance for my... View More

James L. Arrasmith
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answered on Apr 13, 2025

In general, if your son defaults on the payments for his new home, creditors cannot take your house, provided that you are the sole owner of the home in question. Since you have added his name to the deed with the provision that he inherits the property, he has an ownership stake, but creditors... View More

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Legal Malpractice for North Carolina on
Q: What recourse do I have for nondisclosure and misleading advice on a faulty septic system during home purchase?

I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More

James L. Arrasmith
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answered on Apr 12, 2025

In North Carolina, you may have recourse against both the previous owner and your realtor for the issues with the septic system. If the previous owner knowingly failed to disclose problems with the septic system, this could be considered fraudulent misrepresentation or a violation of disclosure... View More

3 Answers | Asked in Business Law, Bankruptcy and Civil Litigation for North Carolina on
Q: Is there a form to file a Motion to Stay Execution for a judgment in NC?

I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2025

Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.

And a pleading almost certainly triggers a court hearing.

On top of that, most lawyers will...
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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Civil Litigation for North Carolina on
Q: Being sued by car loan provider after bankruptcy dismissal, need advice.

I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.

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1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is there a way to get the money back?

Bought a suit and within the hour changed my mind, went to cancel/refund and only then was I informed about their “no refund policy” but was instead given store credit. Just seems awfully sketchy on their end if there’s nothing that can be done.

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

A North Carolina attorney could advise best, but your question remains open for two weeks. It could come down to a matter of whether the store used adequate measures to give the public notice of their refund policy. Since the pandemic, some stores have implemented stricter return policies. Good luck

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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2 Answers | Asked in Copyright and Business Law for North Carolina on
Q: what are the legalities regarding 3d scanning an object, modifying it, then 3d printing and then selling that part?

I know that outright copying and selling is not legal. But what are the laws regarding scanning an object and improving upon the scan, or modifying it, and then 3d printing it to sell?

Sarah Teresa Haddad
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answered on Nov 2, 2024

If the average layman or person cannot tell the difference between the original object and the 3d printing, then it may be illegal. It depends on the full circumstances of how the original object is used and its consumers, compared to how the 3d printing will be used, and its market.

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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for North Carolina on
Q: Can I start a security guard company by hiring qualified personnel? What are the requirements for this?

I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.

James L. Arrasmith
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answered on Oct 20, 2024

Starting a security guard company involves several important steps beyond just hiring qualified personnel. First, you need to ensure that your business complies with local and state regulations. This typically includes obtaining a business license and registering your company with the appropriate... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: I sell solar and management is really bad and I want to leave but still make sure I’m getting properly paid for my deals

15. Term and Termination. This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Contractor has completed the Services (the "Term"), unless earlier terminated under this Section

This Agreement may be terminated by either... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You will have to speak with an employment lawyer and show them your full employment contract; any advice based on one clause of a contract is all but useless.

1 Answer | Asked in Business Law for North Carolina on
Q: I'm the registered agent of a S Corp. Also one of the officers What happens if I resign?
Ben Corcoran
Ben Corcoran
answered on Apr 8, 2024

It depends on the corporation's bylaws and what you agreed to do when you were appointed as the registered agent. Speak with a local lawyer to get a better idea of your specific situation.

1 Answer | Asked in Business Law for North Carolina on
Q: In an S Corp, 50/50, losing money, only I believe the firm must stop operations and let go of employees. How do I remove

...remove myself from the liabilities incurred by the other party if he continues without my agreement, before the formal dissolution?

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answered on Apr 5, 2024

In a 50/50 S Corporation where you and your partner disagree on the future of the company, it's important to protect yourself from potential liabilities if your partner continues to operate the business without your agreement. Here are some steps you can take:

1. Consult with a...
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