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North Carolina Contracts Questions & Answers
0 Answers | Asked in Contracts for North Carolina on
Q: My father is 80 years old and financed a used car. What are the legal ramifications of him turning it in to the bank?

He owes $14,000 more than what the car is worth.

0 Answers | Asked in Contracts for North Carolina on
Q: Can a car dealership change the contract i signed 2 months after ive had the car?

Essentially theyre saying they couldnt make the deal work we had and they had to use a different bank that will require another $1000 as an additional down payment

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I have several late payments on my mortgage, and it has effected my credit score.. I am wondering if these are removable
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

You cannot force a bank to remove accurate remarks about your payment history. This is a theme pushed by so called "credit repair" companies. You may be able to talk them into changing the reporting, but that's doubtful.

0 Answers | Asked in Construction Law and Contracts for North Carolina on
Q: I am a General Contractor performing fire damage repairs to a single family home under a turnkey M&L Lumpsum contract.

The customer is now demanding that we provide him with all receipts for all Labor and materials spent on the project. I told him that I am not required to provide such documentation. He is stating that he has spoken to his attorney and the attorney told him I am required to provide all receipts for... View More

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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0 Answers | Asked in Contracts for North Carolina on
Q: I am buying a camper we had drawn up a contract. I paid for it every month then he died, what happens now?

He verbally stated to my aunt that it WS mine no matter what when he put it on her property he also told me I wouldn't have to deal with his mean relatives he would leave it to me he also sated this to my other aunt who is cosigner on the contract

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina on
Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect... View More

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2 Answers | Asked in Contracts and Entertainment / Sports for North Carolina on
Q: I was offered a contract for 55,000$ to sign my royalties over and I believe I am being lowballed
Ivan  Parron
Ivan Parron
answered on Jan 10, 2024

You need to consult with an experienced entertainment lawyer and have them review the proposed agreement and give your their opinion before signing anything.

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1 Answer | Asked in Small Claims and Contracts for North Carolina on
Q: If someone takes your car and says they'll make payments but then doesn't pay you can you report it stolen

My friend wanted to buy my car but didn't have the money for it yet, so I let him borrow it on the basis he'd make payments, he kept making excuses of why he couldn't pay, even wrecked the car and blew the motor. Now the car is Mia and he won't tell me where it is.

James L. Arrasmith
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answered on Nov 12, 2023

When you initially allowed your friend to take your car with the agreement that he would make payments over time towards purchasing it, that established a verbal contract between you. However, when he failed to make the payments as promised, stopped communicating with you, and essentially... View More

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for North Carolina on
Q: What are the interest and late fee laws in NC on invoices specifically?
T. Augustus Claus
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answered on Nov 10, 2023

A late fee can only be charged on an invoice if the payment is more than 30 days past due. However, the parties to a contract may agree to a different grace period.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: My gym cancelled my membership because they said I was doing something outside the gym but not related to my membership.

I went to work out yesterday. The gym operator said, without and evidence or truth, the operator said he had spoken to several "families" and i was involved in some kind of behavior he didn't like. When I asked what that behavior was he refused to explain or tell me who he had spoken... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 24, 2023

This is very difficult to answer because we cannot see your membership contract. There are no laws regulating gym memberships in North Carolina other than one saying the maximum length is three years, and the contract must cleary disclose the right to cancel and how to cancl - for the buyer (not... View More

1 Answer | Asked in Contracts for North Carolina on
Q: In NC can I cancel a car lease within three days of signing?
T. Augustus Claus
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answered on Oct 13, 2023

North Carolina does not have a law that gives consumers the right to cancel a car lease within three days of signing. However, some car dealerships may have their own policies that allow consumers to cancel a lease within a certain period of time. Check with the dealership where you leased the car... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

1 Answer | Asked in Contracts for North Carolina on
Q: I have a price lock contract with T Mobile. This month they implemented an additional charge without notice.

Many of their customers are in the same situation.

T. Augustus Claus
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answered on Jul 28, 2023

If you have a price lock contract with T-Mobile and they have implemented an additional charge without providing prior notice, it might be considered a breach of contract.

In North Carolina, as in most states, contracts are legally binding agreements, and both parties are expected to adhere...
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2 Answers | Asked in Business Law, Contracts and Intellectual Property for North Carolina on
Q: I recently obtained the rights to two characters and wish to stop their current use by an organization

A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.

Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More

James L. Arrasmith
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answered on Jul 28, 2023

Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More

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