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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Banking and Real Estate Law for North Carolina on
Q: I want to sell my house to my son for the cost of the current mortgage. He will live here and remodel.

What is the least expensive loan option for him? Can he get a loan to pay off the current mortgage that includes a construction loan?

Ben Corcoran
Ben Corcoran answered on Jan 25, 2022

Talk to the bank; this is not a legal matter. It is strictly a financial decision by the bank.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own a house on family land that the family can't agree what to do with.

Me and my wife bought a house on her family's land. Recently their grandmother has died without a will leaving it to about 5 different hires. due to their financial issues no one wants to pay the mortgage left on the property. Just wondering what I can do legally or will we just lose our... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a competent NC attorney to determine heirship, and if there is sufficient equity, file an Action for a Sale For Partition. Act now.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are steps taken to secure will property in your name?

My mother left 63 acres to my sister and I but failed to divide it. What steps do i take to secure my share of acres in my name and how do I request the acres I prefer. Do I need a attorney to represent me in this matter?

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a NC attorney to search the title and determine ownership. It may be easy to draft two legal descriptions, but you will probably need to survey it for two tracts. Then each heir conveys the applicable tract to the other, in two Deeds.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Buyers of our previous home are threating to sue us saying we did not disclose a "one time" flood event on disc form

Our home was built in 1994 and has never had water enter it from a nearby creek with the exception of one time after a "1000" year rain event in June 2019. We repaired all damages and asked our realtor to disclose to the buyer's realtor what had happened. We were advised by our very... Read more »

0 Answers | Asked in Criminal Law and Real Estate Law for North Carolina on
Q: Someone tried to purchase my friend's home without his consent? how can he press charges and sue the people involved?

he lives in Ranlo North Carolina. he had to go to court for this today 1/19/2022

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The company that built the house has sold to another builder. We had some water damage who is responsible for repairs
Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

Generally speaking, when a company is bought, the buyer assumes all debts and liabilities of the selling company. I would advise contacting the new company and seeing if they will honor the warranty; if not, you should contact your homeowners insurance and they will hire an attorney on your behalf.

0 Answers | Asked in Real Estate Law and Construction Law for North Carolina on
Q: I had a fence installed about 4 years ago and is falling apart. I went to court won half of my money back, but never

Received it. I have paid $30 three times to the sheriff to serve the guy papers to get my money . He advised me that I would never get my money back and has never told me why he couldn't serve him. I don't understand why this would happen and why he made me pay 3 times for him to go to... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Bought a home 3 years ago, real estate agent got me an inspector, no structural issues were found at time of inspection

Hired a contractor and he advised me there is a structural issue. The previous owner removed 3/4 structural poles from basement to make it one large room and never reinforced the structure. I have been ripped off from a previous contractor and I don't have the funds to repair the structure,... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

I cannot advise you on what your insurance may cover, and you will have to call them and ask that question. However, it sounds like you have a valid lawsuit against the home inspector. I advise contacting a local lawyer and have them give you a complete assessment of your situation. Be aware that... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: We purchased a renovated home in Asheville two weeks ago. The first night the furnace stopped working. What can I do?

The seller said it was fixed and now in a snowstorm and it has stopped again. What legal recourse do I have to get this replaced?

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Bought a home 4 years ago in Taylorsville NC . Agent got me a inspector who failed to find or show structural issues.

Hired a contractor to do other work and he advised me of the issue. Previous owner removed 3 or 4 structural poles and never reinforced it. I have home insurance, can I file a claim with them to repair structural issue? I'm on disability and have been ripped off by the contactor. Can't... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Inheritance of beach property

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000. Brother... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out.

We all live in NC but property is in SC. Ocean Lakes handles their own real estate transctions so we know we will be going through them.

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out.

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000.... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2022

I suggest that you post this in the SC section of the site, right now you are in the NC section and most lawyers cannot legally give advice outside of their state.

0 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: Buying land in North Carolina. Contract states buyer be notified prior to transfer, this was not done. What recourse?

The contract was amended when I discovered the contract was not recorded with the county. The new contract did not include my down payment or installments, more than $12,000. The new contract only shows the balance I owe and the payment terms. After the transfer to the new owner occurs, if... Read more »

0 Answers | Asked in Real Estate Law and Probate for North Carolina on
Q: power of Attorney of large Estate, with fathers death not claimed?

power of Attorney??

(E) died in June 2021, his father(M) died in 2016 and his grandfather (F) died in 2014.

Grandfather(F) left his estate to his son (M), with a Power of Attorney.

but when (M) died no one claimed The Estate of (F).

NOW

(E) who is (M) son... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: We relied on owners inspection report when purchasing a home. Who’s responsible for major undetermined problems?

We accepted doing repairs based on report but evidence of moisture in basement led to discovery of carbon monoxide leaking into home. Who is responsible for not reporting? Former owners did repairs to the home which was vacant 6 years

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in NC and I owned my house before I was married. Can I sell it without her permission?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

If you are currently married, unless you signed a free trader agreement or some other form of prenup, no you cannot sell the property without your spouse joining the sale.

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
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.

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