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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a question about early termination of a rental agreement. We are the owners and just received PCS orders back to

area in which we have our home rented. The home is in NC. Our rental agreement states that the early termination fee is their monthly fee for an early termination with legal cause. Is orders on our end as the owners legal cause? Our PM is insisting we need to offer monetary incentives as well.

Ben Corcoran
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Ben Corcoran
answered on May 29, 2024

I would have to read your contract to give a definitive answer, but likely not. The PM is probably correct in their advice to you.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: I put in an offer on a home and submitted proof of funds on 4/23/2024, my offer was accepted 4/26/2024. I was supposed

and the sellers were under contract with someone else! I have made all of my plans around moving to this house for over a month i was not even notified of the "termination" what can i do.I can send you a copy of our contract as well in our contract it says that buyer (me) does have to... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: I pay taxes on place 10years can I claim
1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
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Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

0 Answers | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for North Carolina on
Q: Negligence Civil case against property management at apartment complex?

due to harassment from other tenant, repeat lease violations, noise disturbances, police calls fights. Property management did not file papers for non payment of rent on tenant for 2 months knowing complaints were filed regularly. there is also an unauthorized occupant (felon) living amongst 5... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More

Anthony M. Avery
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answered on May 14, 2024

Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: My girl friend is trying to file for an absolute divorce against her ex in NC, does she have to mention the house?

She owned the house before she got married to the man, and they were only married for 3 weeks before separating. So the question is, if filing for absolute divorce, does she have to mention the house that she owns solely and has owned since before the marriage? It’s definitely separate property I... View More

Ben Corcoran
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Ben Corcoran
answered on May 14, 2024

This is a question for her divorce attorney, but from a real estate perspective, yes, she is the sole owner of the house.

1 Answer | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for North Carolina on
Q: Can a landlord require you to let certain people live with you, who can and can’t live there? I’m permanently disabled

My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More

Ben Corcoran
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Ben Corcoran
answered on May 21, 2024

Your location reads NY, but this is posted in the NC section; I will presume it is posted correctly. Very little, if any, of what you have said is legal for your landlord to do in NC. Contact your local legal aid office and get them to assist you.

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More

Ben Corcoran
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Ben Corcoran
answered on May 13, 2024

Without reading the contract, I can't answer this, but it will likely not be easy to prove. You must prove that the seller knew of the condition and had a duty to disclose it.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: Can I enter my house as I wish, if I own the house and have owned the house long before my marriage.
Ben Corcoran
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Ben Corcoran
answered on May 7, 2024

From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.

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0 Answers | Asked in Real Estate Law for North Carolina on
Q: do deprecation deductions [$] need to be paid back when selling a rental property.

I live in his rental property and wish to purchase. He is affraid to sell to me because he doesn't want to pay it back.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: H&w own home joint tenets by the entirety. Wife solely has judgment. Can title pass?

Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 6, 2024

Thank you for asking the question!

Title insurance guarantee the title against the future claims (after the title is obtained). So, existing liens or claims are not guaranteed by title insurance. But, it happens that an existing lien or judgement can create future claims over title. In that...
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1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: I need to foreclose on a home mortgage I hold. I hope to get a deed in lieu of rather than have them go through the for

closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?

Ben Corcoran
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Ben Corcoran
answered on May 3, 2024

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My uncle died 4 years ago. Everything went to his only child. 2 years ago, the child died. The uncle had a will, however

It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
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answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: HOA responsibility or Owner?

Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 17, 2024

I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I get a title to a mobile home when one of the sellers on the title is deceased?

The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: I want to sell my house and am married. I have tried serving divorce papers on my spouse several times and can't locate

The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)

Anthony M. Avery
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answered on Apr 9, 2024

You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the

Court until he claims it, and withdraws it by Order of the Court.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a real estate deal for over a year. Can I sue for money plus loss of potential revenue from her.

We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.

Typically, you cannot get reimbursed for "sweat equity," but you should have other options.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?

Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 1, 2024

Unless the deed specified the mother-daughter ownership as joint ownership with rights of survival, the daughter's children should own the daughter's 50% interest in the property.

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