The statute of limitations for a contract is three years. However, there is also a statute of repose in North Carolina of six years for faulty construction. At the very least, you should given written notice to the builder of any issues that have arisen or that are warranty issues.

You can absolutely force a sale, also your brother has an obligation to you to not damage the house. You have all the rights that your sister had, the fact that he now owns 2/3 has no bearing on your rights. Speak to a local lawyer to see about starting the process for both of these issues.

If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first... View More

Under NC law a will can transfer property and foreign wills are valid. What you will likely need to do is get a copy of the will formally transferred to the County where the land is located. From there a deed can be drawn from the daughter to a third party. Speak with a local lawyer in that county... View More

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answered on Dec 10, 2020

Assuming you are tenants in common or joint tenants with right of survivorship, one tenant can convey his interest to the other tenant by quit claim deed. It does require knowing what to put down in the derivation of title clause. Since this is a significant transfer, I advise hiring an... View More

If all you want to do is transfer the property, talk to a lawyer, and have them draw up a gift deed.

However, if you also intend to transfer the mobile home, it gets more complicated. Most mobile homes are still legally classified as personal property. To transfer the mobile home, you... View More

She needs to take the contract to a local attorney and have them review it. If she was to give you the house she would likely be in breach of the contract and could be forced to pay damages.

Without reading the contract that was signed I couldn't give my opinion as to what he may be due back. Take the original contract to a local attorney have them give their opinion on it.

Talk to the bank, it is going to be up to them whether they are willing to add your name, or require a new mortgage.

Given what you said, neither side can sell the property without the consent of the other. If you want to sell the property then you will have to talk to your ex or bring an action through the courts to force a sale.

Taxes are supposed to be split equally, in practice this never happens and one side gets stuck with paying all of them until they get fed up and force a sale.

Without reviewing the mortgage, deed, and other documents I can't speak to the ownership and duties of each party. Take... View More

Your sister likely had permission from the family to live there and therefore she has no "squatter's rights." You have to be living somewhere without permission to claim this. I would want to review the deed and grandparents' wills to know if your uncle has full ownership of the... View More

If the ditch/water is completely on his property than you have very few options, if it is on both your properties then you can potentially force him to modify it to remove the standing water. Speak to a local attorney to see what your options are.

In order to claim damages against your deposit, they had to submit a written invoice specifying what they were applying the deposit towards. This had to happen within 30 days.

However, they can sue you for property damage up to three years after they discovered the damages.

If you... View More

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answered on Nov 14, 2020

You should search the title for at least the last two conveyances. Apparently he was deeded the property, for which he would not usually sign the Deed himself. Even if it was a mistake, if he has some estate then to extinguish it he will need to convey his interest by deed to you or someone... View More

The lawyer handling the sale will likely be sufficient to provide you with the proper paperwork, but if you want someone to review it to address any concerns or identify any potential issues you should hire a lawyer.

The agent's fees generally come out of the seller's proceeds, so it is in their interest to sell the property as high as possible. However, if you were to hire a different agent, you are in the same situation, as their fees also come out of the seller's proceeds. It all comes down to... View More

Provided you were under contract; you likely can still enforce the sale against the Estate (I would have to read the contract to make sure). You will have to wait for an estate to be opened and a personal representative appointed by the Clerk's Office. The new grantor would be whomever them... View More

It can, but I would highly recommend that she does not do this. I highly recommend that she at least talk to a lawyer to see ways that she can protect herself and her house.

Unless this involved a vessel or had some other kind of maritime connection, it looks more like something on which a probate - estate planning attorney would be able to offer meaningful insight. You could repost and add Probate and Estate Planning to your Real Estate category, or you could reach... View More