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North Carolina Contracts Questions & Answers
1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Truck driving school in Charlotte NC stole pur money and misrepresented their contract.

My husband went to 160 Drive Academy in Charlotte NC we paid almost $5,000.00 out of pocket. the contact from the school states it is a 4 week class. My husband as been at this school for months and still has not graduated.

And had to pay an extra $1,200.00 dollars to the school. Which is... Read more »

Nick Benjamin
Nick Benjamin
answered on Nov 10, 2022

You will probably get more responses if you post this in a contract or business category - this is not a criminal case as it is categorized.

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... Read more »

1 Answer | Asked in Contracts, Criminal Law and Collections for North Carolina on
Q: I am a contractor in Hickory/Lenoir area who was on last day completing 2nd remodeling project for homeowner.

On final day they assaulted us verbally and threatened myself, due to repeated material delays and damaged product and illness late winter. We called 911 and 2 Deputies arrived. We removed tools/equipment from that job, leaving only couple last items on job for homeowner to install themselves. Our... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 26, 2022

If you received a criminal summons, hire a criminal defense attorney ASAP. Your business lawyer should be able to refer you to one in your area. Its a he said she said situation, and if this person who never shows up doesn't show up at the hearing, the criminal attorney should be able to get... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Tenant laws in NC

My husband and I renewed our lease on June 20th 2022 for 13 months. The apartment complex manager signed off on our renewal on June 21st 2022. The apartment complex and manager and the apartment complex owner as contacted us serval times that our lease needs to be renewed. We have talk to the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

If they try and evict, bring the signed agreement and emails to court, and it will likely be thrown out.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
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Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Would a lawyer be willing to review my exit documents from a company post termination to make sure they're legit?

I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Mar 16, 2022

Many employment lawyers will review your severance agreement and explain its terms and enforceability to you for a fee. However, we would also want to discuss your employment history with the company, your experience working there, and what led to your termination to ensure that your rights were... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Our lease ends 3/31. We were given notice to vacate on 3/2. Does this constitute 30 days notice?

It is a yearly lease.

Ben Corcoran
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Ben Corcoran
answered on Mar 8, 2022

Without reading your lease specifically I can not answer your question, it is not within the 30-day window but given that your lease actually expires there may be an exception in the lease.

1 Answer | Asked in Contracts for North Carolina on
Q: Paid dance tuition in full. Handbook states non refundable. Dance studio removed our family. Refusing to refund. Legal?

Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?

Ben Corcoran
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Ben Corcoran
answered on Jan 21, 2022

Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Do I have to continue to pay my home alarm bill?

My system is a 2G. It is out of date, and the alarm company cannot monitor it. They will not upgrade it unless I sign a new 5 year contract. I have 1 year left on the current contract. I plan to cancel it then. They won't let me cancel now without paying the amount still left for the remaining... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 2, 2022

You did agree to pay for the entire term, but if they cannot provide the service you contracted for, they breache your contract. I am assuming you signed up for an automatic bank draft or automatic credit card payment. Depending upon how much you are paying, you may decide to just let it roll... Read more »

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury
answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... Read more »

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
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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.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
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Ben Corcoran
answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What do I do if I am unable to get answers to questions about my registration from Vroom? It is impossible get info.

Purchased my vehicle through Vroom and took delivery on June 11, 2021. I was told my registration could take up to 12 weeks. I am still waiting and have found out they do not even have my title in hand. They have provided me with 4 temporary tags and as of November 8th my car will be unregistered.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 26, 2021

You need to contact the Department of Motor Vehicles License and Theft section. A nationwide car dealer was ordered to shut down in NC recently when they did this kind of tactic. Copy and paste this link https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 27, 2021

You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I am selling my house in NC and the agent and the boss and owner

I am selling my house in NC and the agent and the boss and owner planned to keep the sale and the purchase of the my house on the second day of the house being for sale an interested person went to the house tried to make an appointment they informed him that the house is no longer for sale and he... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 17, 2021

Without reading your contract with the realtor no lawyer is going to be able to advise you on how to cancel the contract.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: If my contractor is not finished by the end date, can I terminate his employment?

Contract date is 6-8 weeks, start date 13 April, so end date is 8 June

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 3, 2021

This is impossible to answer without a review of the entire contract. 6-8 weeks is pretty vague. There are no doubt other terms of the contract. Any attorney who would say "yes" is letting you, a non attorney, interpret what part of the contract is important and what part is not... Read more »

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