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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Good Morning, I am seeking legal advice on how to get the earnest money that is owed to my wife and I.

THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My son and his roommates are renewing a lease on a college campus. Part of the verbiage in the new lease is that

if the police are called to the residence they can be evicted. Is this legal

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Generally yes, I would have to review the lease to see it in context but I frequently write that into leases I draft.

1 Answer | Asked in Contracts for North Carolina on
Q: How would you write a fixed income contract to clients as a LLC
Rishona Peace
Rishona Peace answered on Dec 11, 2020

The best option is to hire an attorney to draft a fixed income contract for your business. Please feel free to reach out to our law firm, Peace & Squires Law, at contactus@peacesquireslaw.com or 919.617.4008. Please also see our firm's website whereupon you may schedule online an initial... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.

2 Answers | Asked in Contracts for North Carolina on
Q: Does a contract for the purchase of a business in North Carolina have to be Notarized for it to be legally binding?

The contract was signed by both parties and had a specific payment plan, the business was being financed by the owner for two years. The balloon payment was to be made at the end of 2 years. The buyer made payments for 17 months but has paid nothing in the last 28 months.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 30, 2020

No.

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1 Answer | Asked in Contracts for North Carolina on
Q: Does the seller of a home have to reduce the selling price if the appraisal is less than the offered price?
Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

No, but frequently the offer to purchase has a clause that allows the buyer to back out if the house appraises less than the offer.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Does the risk of coronavirus make a commercial premises “damaged” and “untenentable”?

I am a tenant and owner of a counseling service, no longer holding in-person sessions at my rented office space due to the threat of coronavirus. Since the space continues to be unfit for the business purpose for which I entered the commercial lease contract, can I claim the space is “damaged”... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2020

This looks like an issue that a North Carolina landlord-tenant attorney would know the most about. Your post remains open for four weeks. Although there are no guarantees that every question is picked up, you might have better chances of a reply under the Landlord-Tenant category. Good luck... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Hi, I entered into an agreement to purchase a modular with a stick built roof from a local GC. They initially requested

They requested a deposit of $1000 and in the agreement it says I agree to buy a home. The salesman told me this locks in my material costs for 30days. I hadn't closed on my existing home sale at the time and he told me not to worry everything would get going within 30 days. Lender he... Read more »

David Allan King
David Allan King answered on Oct 28, 2020

It's difficult to say without doing a full consultation that includes reading the contract and getting more information. However, as a general matter, a successful breach of contract claim will include the cost of lost profits. This is because the court is trying to put the plaintiff in the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My family's home deed has deceased names on it. Does their children inherit their rights to the home?
Ben Corcoran
Ben Corcoran answered on Oct 19, 2020

It depends on many factors, whether or not the deceased had wills, how the property was titled, what the marital status of the deceased was at their death, and who their legal heirs were. I would hire a local NC attorney to answer these questions, and from there, you can proceed forward.

1 Answer | Asked in Car Accidents, Contracts, Criminal Law and Federal Crimes for North Carolina on
Q: What to do if rental car was stolen and totaled and didn’t think you needed insurance on it

Stepson still rental last night wrecked it and totaled it don’t have renters insurance

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A North Carolina attorney could advise best, but your question remains open for four weeks. It might be a longshot, as you were not the operator, but if you rented through a credit card, you could look into whether the card offered any type of protection. If you have a vehicle, you could look into... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Breach of contract? contract to sell property was not transferred from deceased preventing closing.

we signed a contract on 8-17-2020 to purchase property. A week before the closing we were informed of a delay due to probate. The day the closing was schduled our attorney learned the estate was never filed. As time is ticking and the sellers are running out of time, our attorney and sellers... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 5, 2020

The buyers can not give you a clear title until two years have passed since the death of the prior owner, or the notice to creditors has run in the local paper. How your attorney missed this significant detail, I do not know. I can only guess that you were paying cash and did not ask for title... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Is there a way to legally terminate a fencing contract when they didn't complete the work?

We signed a contract 5 months ago, they installed everything but the gates and 39' of fencing. They are not communicating with us and have failed to finish the project. It's a safety issue to not have the gates and we'd like to install them ourselves at this point. Can we legally... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that this happened to you. It is good that you asked prior to doing anything. It is always important to look to the contract first. Basically, look at your contract and see if there are provisions governing when the fence must be installed, when your payments must be made, and... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Is there an option to cancel a purchase contract when dealing with a used car at a used car dealership?

Purchased a truck and less than 24 hours later started having mechanical issues. As of right now I still haven't had the vehicle for 24hrs. Is there a time frame where I can cancel the contract?

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

The first place you should look is your purchase contract with the dealership. See what rights and obligations you have regarding the purchase. If you have an option to return the truck, or have the dealership repair it, the purchase contract should outline your rights.

If the contract is...
Read more »

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Do I have a case against the builder of my house for the work they subcontracted out?

We built our house approximately 6 years ago and we have had several issues with the AC system since we moved in. The builder of our house used a subcontractor for our AC system. We have repeatedly reported issues about our system over the years and they kept sending out the subcontractor to fix... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 29, 2020

You have a "statute of repose" issue. If it has been six years or longer, even if you did have a claim against your general contractor, it is too late to sue.

1 Answer | Asked in Contracts for North Carolina on
Q: We signed a reconstruction contract on 6/18/2020 ( insurance claim). Can we cancel this contract. No work has started..

No work has started on this claim and we would like to look at other options on getting our bathroom room put back together. The company wants to be paid for labor and material cost and expensed incurred as of the date of termination, plus the company's fees of 20% of the entire scope of the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should have an attorney review the contract you signed and look into any applicable laws that may be in your favor. A quick review by an attorney will be less expensive than what the contractor is asking for.

My response provides only general information and is not intended to provide...
Read more »

1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for North Carolina on
Q: How can I protect myself from the customer suing me?

Hi I have a marketing business where I put up Facebook ads and connect contractors with potential customers

My question is if the contractor breaks something, doesn’t fulfill the job, or the work is faulty and damages the home how can I protect myself from the customer suing me?

Phil Cardis
Phil Cardis answered on Jul 9, 2020

It would help to have a clear disclaimer in some form as to the limited role your marketing company plays in connecting contractors with prospects. Not sure what information you are using to market but best to disclaim those representations as well in some manner.

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

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