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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: I have a vehicle, loan and contract through US AUTO sales. They closed. Filed bankruptcy. A debt collector.

Has taken over the contracts. warranties are now and never was valid. No Gap Insurance because US AUTO sales didn't pay for the warranties or Gap. What can I do? US AUTO sales Is In breach of contract In many ways. I was paying debt collector but not sure what to do. Can't get copies of... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 13, 2023

US Auto Sales has gone out of business, you cannot contact them any more. You need to keep making your car payment to preserve your credit. Send a letter in writing to the company who claims they took over the loan and request copies of all relevant documents as well as a copy of the loan payment... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for North Carolina on
Q: What type of lawyer is needed to fight Living in unhealthy unhabitable living conditions with disabled son

I don't live in public housing and it's continued for 3yrs and 2 violations

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

A North Carolina attorney could advise best, but your question remains open for a week. It would be a landlord-tenant attorney. There is a section here for that area of practice. Although not every question here is ultimately picked up, you could repost and add L-T as a category. Good luck

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a purchase agreement to sell legally binding if the owners did not sign but the spouse did (whose name isn't on it)
Ben Corcoran
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Ben Corcoran
answered on Jul 5, 2023

It is only binding on the parties who actually signed the document.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Builder did not disclose that new HOA mgmt co would charge us fees for submitting requests, says unaware. Is this legal?

When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2023

I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.

1 Answer | Asked in Contracts, Family Law, Child Custody and Legal Malpractice for North Carolina on
Q: I am unsure how to proceed with this situation

Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 14, 2023

You may need to find a new attorney before getting the retainer back as that will likely be contested.

If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: If a storage unit is purchased by a new company and they fail to have me sign a new contract, does the old still apply?

I rented unit about 15y ago. Storage facility has been sold twice to new companies. Neither owner had me sign a new contract. Does the originally contract stand? Also, they've raised the rent 3x in last 2 years with NO 30 days notice like before. Contracts states 30 day notice must be... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2023

I would have to review your old lease, but that is likely the one that is now in effect. The bill could be construed as notice, but once again, I would have to review the lease. I would probably sue in small claims court but understand that you will likely never see any of the money.

1 Answer | Asked in Contracts and Tax Law for North Carolina on
Q: Business agrees to hire a local police department for off-duty services. The business is asked to sign a contract from

the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... View More

2 Answers | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Hello, My apartment manager is stating she is going to evict me even though I have the money for last month rent.

I was late for april rent and tried to pay april rent yesterday. She told me she cannot accept it unless i pay april and may. Then she stated that this policy is in the lease. When I asked her to show me the lease she would not and only said that it is in there. Can she legally do this even if the... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Under certain circumstances, a landlord is allowed to refuse past due rent payment, even when the lease doesn't reserve the right to do so. You should consult with a knowledgeable attorney about your rights and options.

1 Answer | Asked in Contracts for North Carolina on
Q: Have a OneMain title Loan, looking for surrender car but willing to still pay difference after car value on Loan

All I want is the difference taken off with the value of my car and finish paying the difference on my Loan

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

A few things to consider:

The amount owed after surrender a car to the lender may be the difference between the loan and the SALE PRICE (not the "value").

Surrender may be considered a voluntary "repossession," and it will likely show on a credit report as such...
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1 Answer | Asked in Contracts and Small Claims for North Carolina on
Q: Our ceremony was cancelled because of covid and we couldn't reschedule. The venue is refusing to return the $800 deposit

There was no contract. We paid the $800 in two parts and I kept both receipts. The venue owner has been very rude, and I'm wondering if small claims court is worth it.

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

Whether or not you can win in small claims court (or any other court) would depend in part on the terms of the contract itself. You may want to start by consulting with an attorney who can review the contract and advise you on your specific rights.

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Reasonable time for a contractor to complete a very small addition to an existing structure.

In May 2022 I signed a contract with a builder where no completion time is fixed in the contract. This contract involves adding on a small office space, approximately 250 square feet to the existing structure of my home. The contractor verbally agreed to a completion date of September 2022.... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

What is considered "reasonable" may vary. For example, if you had to order specialty materials and delivery was affected by the recent supply chain issues, a year might not be extremely unreasonable. However, the fact that the completion date was only agreed on verbally means that you... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for North Carolina on
Q: I'm looking for some answers regarding Noncompete law in NC.

I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Do I have to pay a relocation bonus back if the agreement wasn't sent to me until after I started working?

I moved to NC from NY. In my offer letter I was offered a $7500 relocation bonus unaware that it would have to be paid back. Accepted the job.. 30 days after starting, I emailed HR asking when I would receive the bonus. HR then emailed me an agreement to be signed about paying back the relocation... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

As long as you didn’t sign the agreement, you have strong argument that the additional terms requiring you to repay the relocation bonus are not part of your agreement

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1 Answer | Asked in Contracts for North Carolina on
Q: If individual in GA does a contract to finance to individual in NC, which state laws are applied computing late fees?

GA individual financed camera to NC individual and stated his lawyer drew up contract (not stated anywhere on contract that it had been drawn up by a lawyer)

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

This isn't an easy "this or that" question. Typically, the contract itself says what jurisdiction's laws will govern. But if the contract doesn't say, then there's an analysis for assessing which jurisdiction's laws reasonably should govern. You might consider... View More

1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Can anyone refer me to an attorney to file a civil suit in wake county to get back 2 vehicles I consigned to a dealer.

DMV said I need a lawyer for "claim and delivery" for vehicles. DMV investigated and put a block on my 2 titles so he cannot sell them. In early March DMV officer K.F. Dalton told the dealer (who permanently lost his dealer license in Nov 2022) to return my vehicles but he ignored them... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

Claim and delivery is not an issue that comes up every day, like traffic tickets. So, most attorneys will go their entire career without ever handling one of these.

However, if you're specifically looking for an attorney who already has experience, you might try an online search for...
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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...
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3 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
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

In North Carolina, there are a few requirements established by law and the rest depends primarily on the contract.

Generally, the buyer has the right to back out unless the contract says otherwise. Typically, they will forfeit their due diligence money. They might also forfeit their...
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2 Answers | Asked in Construction Law and Contracts for North Carolina on
Q: I hired a licensed general contractor to build my house. He let his license expire. Do i owe him money ?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Whether or not you owe the general contractor money would depend on the terms of your contract with them. If your contract specifically required the contractor to maintain a valid license during the course of the project, and they failed to do so, you may be able to argue that they breached the... View More

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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... View 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... View More

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