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North Carolina Contracts Questions & Answers
0 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for North Carolina on
Q: How to compel Broker to transfer earnest money to court in NC?

In a failed real estate transaction where the buyer allegedly violated the sales contract, I have asked the Broker, who is holding the earnest money, to transfer it to the Clerk of Court to have its disposition decided by the court. There are no agreements beyond the standard real estate sales... View More

0 Answers | Asked in Workers' Compensation, Employment Law, Contracts and Personal Injury for North Carolina on
Q: Can I review my worker's comp settlement for employment restrictions?

I need someone to review my settlement agreement paperwork from my worker's compensation claim with the Department of Health and Human Services, finalized on May 2, 2024. The agreement stated I couldn't return to my former employer, Central Regional Hospital. However, upon accepting a job... View More

2 Answers | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Do I need to pay for copyright when hiring someone for schoolwork using pre-existing materials without a contract?

I am paying someone to complete a worksheet using pre-existing materials, and there is no written contract between us. I'm concerned about copyright infringement. Do I need to pay for copyright in this situation?

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

First, copyright and plagiarism are not the same thing. Keep that in mind. Plagiarism is an academic concern, whereas copyright is a legal concern. Lawyers do not concern ourselves with plagiarism. You would have to consult your academic institution to determine what would be required to avoid... View More

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1 Answer | Asked in Animal / Dog Law, Consumer Law and Contracts for North Carolina on
Q: Can I sue a pet store in NC for selling me a dog with nerve and bone damage?

I purchased a dog from a pet store on the 30th, and noticed that its legs were stiff when I brought it home that afternoon. After waiting a day, I took the dog to a veterinarian (recommended by the pet store), who diagnosed the dog with nerve damage and bone issues. The pet store offered me store... View More

James L. Arrasmith
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answered on Jul 4, 2025

You can begin by sending the pet store a written demand for a full refund and reimbursement of your veterinary expenses, attaching the veterinarian’s diagnosis of nerve and bone damage and all receipts for medication. Under North Carolina law, dogs sold by a pet store carry an implied warranty of... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Contracts for North Carolina on
Q: Legalities of acquiring property before tax foreclosure in NC with Quit Claim Deed

In North Carolina, properties with unpaid taxes are sold at tax foreclosure auctions, often leaving the owner with nothing due to the legal expenses involved in claiming surplus funds. I am considering contacting the property owner before the auction to offer payment for the unpaid taxes and a fee... View More

James L. Arrasmith
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answered on Jun 30, 2025

Yes, this type of pre-foreclosure acquisition is done in North Carolina, but you need to approach it with care. A Quit Claim Deed does not guarantee clear title—only that the seller conveys whatever interest they may have. If there are other liens, judgments, or encumbrances on the property, you... View More

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Can a business limit time off and suspend contractors without pay as policy?

I have been working as a 1099 contractor in North Carolina for a year and a half. Recently, I received a text message from the business stating a policy that limits me to only two weeks off per year. The message also said that if I call out, I will be suspended for a week without pay. There is no... View More

James L. Arrasmith
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answered on Jul 6, 2025

As a 1099 contractor in North Carolina, you're not an employee, which means you aren’t subject to the same workplace policies as someone on payroll. You operate independently, and without a written agreement laying out limitations on your schedule, the business cannot unilaterally impose... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for North Carolina on
Q: How to get a refund from a roofing contractor who did not perform any work?

How can I get my money back from a roofing contractor who has not performed any work? I asked for a refund, but I'm facing issues. I have a written contract with them, and the payment was made by check on 4/24/25. The contractor hasn't performed the work because they didn’t provide... View More

James L. Arrasmith
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answered on Jul 6, 2025

You should begin by sending a formal written demand to the contractor, referencing your April 24, 2025 contract and the fact that no work was performed. State that you elect not to proceed and request return of your full payment, minus the lesser of the \$1,500 fee or 20 percent of any insurance... View More

1 Answer | Asked in Business Law, Small Claims, Contracts, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I recover a $2000 payment to a contractor in small claims court after issues with the job and additional damage?

I hired a contractor and gave him $2000 upfront to buy supplies for a $6000 job to renovate my home. He started a month late, worked only 3.5 hours on the first day, and his helper caused additional damage by putting a foot through my hallway ceiling. When he attempted to bring the same helper the... View More

James L. Arrasmith
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answered on Jun 10, 2025

Yes, you can absolutely take this case to small claims court to try and recover your \$2,000—or at least a portion of it. Even without a signed contract, your invoice, payment records, and written communications can serve as evidence of an agreement. The fact that he barely performed any work,... View More

1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Am I obligated to pay a backout fee not in the original contract?

I signed a contract with a landscaper 24 hours ago, which allows cancellation at least 2 days before the work begins, scheduled for about 10 days from the signing date. The contractor couldn't provide a copy immediately after I signed and only later emailed the signature page. When I decided... View More

James L. Arrasmith
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answered on Jun 10, 2025

You are not obligated to pay a fee that was never part of the contract you originally signed. If the backout fee was not mentioned in writing, discussed clearly at the time of signing, or included in the document you signed, then the contractor cannot enforce it after the fact by adding a new page.... View More

1 Answer | Asked in Contracts, Civil Litigation and Consumer Law for North Carolina on
Q: Can I take legal action for my daughter's phone which I pay for and she won't return?

I am the primary account holder on the phone plan and pay for both the cell phone and its service, which includes my daughter. Even though her name is listed on the plan, I am responsible for all payments. She recently moved out after creating a scene, and despite suspending the service, she... View More

James L. Arrasmith
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answered on Jun 10, 2025

It’s understandable that you feel frustrated, especially since you’re the one who pays for the phone and the service. Even if your daughter’s name is on the plan, being the account holder and making the payments may give you a stronger claim to the ownership of the device itself—especially... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Can I cancel a private student loan using the FTC Holder Rule due to a misrepresented tech training program?

I enrolled in an online IT training program in 2023 that claimed it would lead to a high-paying job, even though I had no prior experience. Based on those claims, I took out a private student loan through a lender offering a 15.25% fixed rate with daily interest.

The program didn’t... View More

James L. Arrasmith
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answered on Jun 10, 2025

You may have a valid basis to dispute the loan under the FTC Holder Rule, especially if the training program misrepresented what it would provide and that misrepresentation directly led you to take on the debt. The Holder Rule allows you to assert any valid claim or defense against the lender that... View More

1 Answer | Asked in Employment Law and Contracts for North Carolina on
Q: Can my employer change their mind about PTO payout after termination in North Carolina?

I live in North Carolina. My employment was recently terminated on 5/17/2025. In my letter of termination, I was informed that my final paycheck would include any accrued PTO. However, I later received a text message from my manager stating that they decided not to include my PTO. There is no... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're right to feel confused and frustrated—being told you'll receive something in writing and then having it taken back by text doesn't sit right. In North Carolina, there is no state law requiring employers to pay out unused paid time off (PTO) at termination unless there is a... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for North Carolina on
Q: Concern about lease terms after job termination without agreed alterations.

I was employed as a leasing agent at a student living complex where I have an agreement via text messages allowing me to occupy a three-bedroom apartment entirely, despite my lease being for one room. Although I pay for only one room, I pay full price without any employment discount. After my... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're absolutely right to want clarity and protection, especially after your job ended and you’re still living in the unit with your children. If your original lease is only for one bedroom, the property management technically retains the right to assign other tenants to the remaining rooms... View More

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

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 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

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 Business Law, Real Estate Law and Contracts for North Carolina on
Q: Is post-signing lease painting restriction legal in NC?

I signed a business lease two weeks ago in North Carolina that included a clause stating no improvements or alterations. After signing, I asked the landlord if I could choose the paint color, but he quoted $700 per coat, likely needing two coats, which I declined. I haven't moved in yet, and... View More

James L. Arrasmith
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answered on May 15, 2025

In North Carolina, once you’ve signed the lease, the terms of that agreement are generally enforceable, including any clauses that restrict improvements or alterations to the property. If the lease includes a provision that prohibits improvements or alterations, this can cover actions like... View More

1 Answer | 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

James L. Arrasmith
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answered on May 14, 2025

You're right to want to take action, especially when it looks like the contractor may have exaggerated or billed for work and materials that weren’t actually used. When a contractor overcharges or misrepresents services—especially involving insurance funds—that’s a serious matter. The... View More

1 Answer | 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

James L. Arrasmith
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answered on May 14, 2025

You’re in a frustrating situation, and it’s understandable to feel taken advantage of—especially when your name and reputation are being used without real engagement. If the company publicly listed you as a senior tutor and implied an active role without providing actual work or honoring... View More

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