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North Carolina Contracts Questions & Answers
1 Answer | Asked in Animal / Dog Law, Consumer Law and Contracts for North Carolina on
Q: Can I sue someone from Craigslist for selling me a misrepresented dog breed?

I purchased a dog from a seller on Craigslist who advertised it as an 11-month-old purebred Pomeranian for $400. The listing explicitly stated "Pomeranian," and the seller implied the dog was purebred, mentioning I was getting "a really good deal." Upon receiving the dog, I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 18, 2025

You can always try, but the issue is, how likely would it be that you would win? How much are your damages (how much is the dog you received worth)? With no written contract and no requirement for papers, its a "he said, she said" situation. Court costs are around $180.00 for small... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I sent $8,200 to Liaz Legacy Solutions LLC in Statesville, NC, but they never provided the service. What should I do?

I sent $8,200 to Liaz Legacy Solutions LLC in Statesville, NC, for a service, but they never provided the service and have been giving me the runaround. They mailed me back a copy of the cashed check, and the compound interest is now $200. The transaction occurred on 10/24/2024. I want to sue them... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2025

You can sue them in small claims court in Iredell County or any other county where they do business. This is a corporation so you will need to go to the Secretary of State's office and get their registered office and registered agent for service.

You will not be able to recover...
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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: Can I refile my dismissed case as Pro Se and file for Summary Judgment in NC?

I am a plaintiff in North Carolina. A month ago, I dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involves four counts: Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. I plan on refiling the case as Pro Se and intend to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for North Carolina on
Q: How can I recover my $200,000 from a fraudulent transaction?

A woman from another nation offered $200,000 to two people in my church, with a requirement of paying $1,500 upfront. We each complied, and while others received their money, she is refusing to send me the $200,000. We have a written agreement. I've threatened to expose her on social media.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

"From another nation"? Are you saying you were a victim of an online scam? If so, Your best option is to report the issue to law enforcement. If law enforcement says this is a civil act, then they wll not accept the case. Exposing this person on social media will only lead to this person... View More

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for North Carolina on
Q: My attorney used all of my retainer then withdrew from my case a few days later. Can i get a partial refund?

Attorneys grounds for withdrawal are said to be medical issues.

If I have to pay another attorney to familiarize themselves with my case, does that not make at least a large portion of my withdrawing attorneys fees that have been charged useless? It appears malicious to send a bill using... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 13, 2025

Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did,... View More

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: I am a part-time teacher at CMS, but HR is offering a new full-time contract, but I don't that. What should I do?

I applied for my current position at the CMS hiring enterprise website for a position at my current work location. I was aware that there was another listing on that website for both schools as a full-time and I did not apply for that position. I only applied for my current position as a... View More

Liscah Isaboke
Liscah Isaboke
answered on Jan 9, 2025

If you applied, interviewed, and signed a contract for a part-time position at your current location only, you are generally not obligated to work at another location unless you agree to a new contract. Review your original contract carefully to confirm its terms. Politely but firmly inform HR that... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Can someone seek revenue share for sales of products for which they never signed an agreement?

Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?

James L. Arrasmith
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answered on May 18, 2024

In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: What are the laws regarding verbal loan agreements in North carolina?

If someone makes an agreement to pay monthly payments on a loan from someone else and then refuses to pay how is this legally binding if the agreement was oral?

Nicholas Arthur Matlach
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answered on May 7, 2024

It's true that oral loan agreements are harder to enforce than written ones. Here's why:

- Proof of Agreement: The main issue is proving that an agreement actually existed and what terms both parties agreed upon. It often becomes a "he said, she said" situation without...
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1 Answer | Asked in Contracts for North Carolina on
Q: What POA should I get selling my parents car for them out of state.

My parents reside in Texas, the car they want to sell is titled in Texas, there is no loan against it. I live in North Carolina and a North Carolina dealership is interested in buying the vehicle.I know I need some kind of Limited Power of Attorney to sell it for them but not sure if that needs to... View More

Nicholas Arthur Matlach
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answered on May 7, 2024

You're right, a Limited Power of Attorney is the way to go for this situation. Here's some info to help navigate the process:

LPOA Specificity: A Texas-specific LPOA for vehicle transactions is ideal. The Texas Department of Motor Vehicles (TxDMV) provides the "Limited Power...
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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.

NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without...
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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect... View More

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1 Answer | Asked in Business Law, Contracts and Tax Law for North Carolina on
Q: Can I gift cryptocurrency bought with a personal loan to my daughter in NC?

I live in North Carolina, and I'm married. In 2023, I took out an individual loan of $20,000 in my name only to purchase cryptocurrency. I would like to gift this cryptocurrency to my daughter. There are no specific terms in our marriage regarding financial decisions, and I have primarily... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

The IRS allows you to gift up to a certain annual exclusion amount per person without incurring federal gift tax. For 2024, that amount is $18,000, and for 2025 that amount is $19,000. If the cryptocurrency's value exceeds this, you'll need to file Form 709, but you might utilize your... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Civil Litigation for North Carolina on
Q: Being sued by car loan provider after bankruptcy dismissal, need advice.

I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.

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1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: unknown to me, my partners in a real estate partnership falsely claimed I sold my interest to them for $1, sold building

Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More

Shane T. Johnson
Shane T. Johnson
answered on Jan 31, 2025

Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.

1 Answer | Asked in Civil Litigation, Contracts, Constitutional Law and Landlord - Tenant for North Carolina on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Pitt County, NC.

If I'm in the midst of being robbed (not knowing whether they are armed or not) and I warn them multiple times that I have a firearm, but they do not listen to the warning and continue, posing as an imminent threat to me and my significant other. In such scenario, if I... View More

James L. Arrasmith
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answered on Jan 28, 2025

Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear... View More

1 Answer | Asked in Contracts, Traffic Tickets and Municipal Law for North Carolina on
Q: If i thought I lost my ID and got a replacement and lose the replacement/find the old one, is the old one still valid?

I am traveling tomorrow, and lost the replacement ID, but found my old one. They are both the exact same ID.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2025

A North Carolina attorney could advise best, but your question remains open for a month. In such situations, the new ID usually replaces the old one. Although the timeline of your question has passed in terms of immediate travel, for future use, it would probably be best to present the new ID. Good... View More

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