Lawyers, Answer Questions  & Get Points Log In
North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: Can a senior stockholder refer to a contracted consultant as president of the co. in contracts without their knowledge?

Senior stockholder has kept company afloat, and now wants to liquidate some assets. Today he referred to me as president of the company to a prospective buyer, when I have not agreed to serve or been asked to serve in that capacity. I am under contract as a Consultant.

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Sure, a senior partner "can" make such a statement. But that doesn't necessarily mean that doing so is justified or is without consequences.

However, a few of the really important questions are (1) why the senior shareholder would make the statement, (2) how the statement...
Read more »

2 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Contract for home sale signed, buyer backed out never showed up for closing. Is there no Legal recourse for backing out
Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

One would need to thoroughly examine the terms of the contract of sale in order to establish your rights as well as your obligations as it relates to the transaction.

View More Answers

0 Answers | Asked in Contracts and Construction Law for North Carolina on
Q: A contractor damaged plumbing in my house. It’s an old house and plumbing doesn’t meet current code.

A contractor damaged the water main in my house that cause several failures in the plumbing of the rest of the house. It’s an old house and the plumbing doesn’t meet current code. The cost of replacing the damaged component is about $500 but to redo it to bring it up to code is $2000. Is the... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »

Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 29, 2022

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.

Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would... Read more »

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer... Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Truck driving school in Charlotte NC stole pur money and misrepresented their contract.

My husband went to 160 Drive Academy in Charlotte NC we paid almost $5,000.00 out of pocket. the contact from the school states it is a 4 week class. My husband as been at this school for months and still has not graduated.

And had to pay an extra $1,200.00 dollars to the school. Which is... Read more »

Nick Benjamin
Nick Benjamin
answered on Nov 10, 2022

You will probably get more responses if you post this in a contract or business category - this is not a criminal case as it is categorized.

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... Read more »

1 Answer | Asked in Contracts, Criminal Law and Collections for North Carolina on
Q: I am a contractor in Hickory/Lenoir area who was on last day completing 2nd remodeling project for homeowner.

On final day they assaulted us verbally and threatened myself, due to repeated material delays and damaged product and illness late winter. We called 911 and 2 Deputies arrived. We removed tools/equipment from that job, leaving only couple last items on job for homeowner to install themselves. Our... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 26, 2022

If you received a criminal summons, hire a criminal defense attorney ASAP. Your business lawyer should be able to refer you to one in your area. Its a he said she said situation, and if this person who never shows up doesn't show up at the hearing, the criminal attorney should be able to get... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Tenant laws in NC

My husband and I renewed our lease on June 20th 2022 for 13 months. The apartment complex manager signed off on our renewal on June 21st 2022. The apartment complex and manager and the apartment complex owner as contacted us serval times that our lease needs to be renewed. We have talk to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

If they try and evict, bring the signed agreement and emails to court, and it will likely be thrown out.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Would a lawyer be willing to review my exit documents from a company post termination to make sure they're legit?

I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Mar 16, 2022

Many employment lawyers will review your severance agreement and explain its terms and enforceability to you for a fee. However, we would also want to discuss your employment history with the company, your experience working there, and what led to your termination to ensure that your rights were... Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Our lease ends 3/31. We were given notice to vacate on 3/2. Does this constitute 30 days notice?

It is a yearly lease.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 8, 2022

Without reading your lease specifically I can not answer your question, it is not within the 30-day window but given that your lease actually expires there may be an exception in the lease.

1 Answer | Asked in Contracts for North Carolina on
Q: Paid dance tuition in full. Handbook states non refundable. Dance studio removed our family. Refusing to refund. Legal?

Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 21, 2022

Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Do I have to continue to pay my home alarm bill?

My system is a 2G. It is out of date, and the alarm company cannot monitor it. They will not upgrade it unless I sign a new 5 year contract. I have 1 year left on the current contract. I plan to cancel it then. They won't let me cancel now without paying the amount still left for the remaining... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 2, 2022

You did agree to pay for the entire term, but if they cannot provide the service you contracted for, they breache your contract. I am assuming you signed up for an automatic bank draft or automatic credit card payment. Depending upon how much you are paying, you may decide to just let it roll... Read more »

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury
answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In 2017 owner financing documents were drawn up for of property. Both Grantors passed away. Now what happens?

In 2010 my husband moved here with his girlfriend and they signed a hand written owner financing agreement with her parents. They married in 2013. She passed in 2015 and he adopted her girls which wasn't finalized until 2016. In 2017 they drew up legal documents on the purchase and owner... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 29, 2021

Without seeing the recorded documents, I couldn't give any opinion as to what could happen. But I suspect that they cannot void the contract, and your husband can refinance. My advice is to have a local real estate attorney look at the documents and give you a formal opinion.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.