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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 
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
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
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
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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
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
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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
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
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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,... View More
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
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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
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
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
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
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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
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
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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
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
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... View More
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
answered on Mar 7, 2025
Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.
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.
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
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.
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... View More
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?
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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.
I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.
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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
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.
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
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
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.
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.
...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... View More
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