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North Carolina Business Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... Read more »

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

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 Banking, Business Formation, Business Law and Civil Litigation for North Carolina on
Q: Business partner locked me out of all company-related accounts. Both are 50% owners. What can I do? Details below.

My business partner got power-hungry and locked me out of my company email and quickbooks account as well as the bank account. She has contacted customers and told them to cease further communication with me. What can I do legally? I am 50% shareholder and a company officer.

State: NC... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A North Carolina attorney could advise best, but you await a response for two weeks. Your post could be a little bit difficult to respond to. Unlike many of the basic general legal questions that are posted here, your matter appears complex in nature. To give you any kind of meaningful guidance, an... Read more »

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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1 Answer | Asked in Business Law for North Carolina on
Q: Can a minor form a business? If so how? And what restrictions do they have?
David Allan King
David Allan King answered on Aug 23, 2020

This is a complicated question in terms of child labor laws, contracts with minors, etc. that may depend on the circumstances and age. However, I am not familiar with any general prohibition against young business owners or age requirements to create an LLC.

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 Consumer Law, Personal Injury, Products Liability and Business Law for North Carolina on
Q: Can I rebottle a brewery's bulk hand sanitizer into smaller sizes (2oz, 5oz, etc.) and sell to biz's with permission?

I talked to a brewery about buying their WHO 80% Alcohol Formula in bulk and selling it to businesses within the triangle area in NC. I want to see what legal issues there may be and how to avoid getting into trouble.

My email to the brewery was:

"Good morning!

I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

A North Carolina attorney could advise you best, as state law issues could be applicable, but your post remains open for a week. One issue that you could consider is posing this question to a trademark attorney, as that category is not included in the selections made. You are selling someone... Read more »

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for North Carolina on
Q: Is it legal for me to use another company's logo on my ad/website?

I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

Evelyn Suero
Evelyn Suero answered on Jun 3, 2020

Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... Read more »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for North Carolina on
Q: What can a business do when a corporate customer chooses not to pay? Approaching 200 days past due. Written Contract.

We were contracted by a new customer to provide a skilled service and materials for a project. The new customer is a multi million dollar company in NC. We are a 4 person small business in NC. We fulfilled our end of the agreement, but the customer now says they can't pay us (they can't... Read more »

Paige Kurtz
Paige Kurtz answered on May 14, 2020

You can certainly pursue a claim against the company for balance due. Based on the amount, I would suggest filing a small claims action. It will have to be filed in the county where the company is based and you will have to present for the hearing. Otherwise, it would have to be filed in District... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Business Law for North Carolina on
Q: My mother and father are divorced but my mother's name is still on the house does she still have ownership of the house?

They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 6, 2020

They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Started a renovation with no contract just invoice and H/O is suing me for taking too Long DOC NOT SPECIFIED IN INVOICE

I am a corporation and got half the money up front for special order materials. I got the material started the job, delays/issues happened worh other jobs, weather, help not showing etc long story short verbally had agreed with H/O that job would be complete by xyz date and it wasn't so they... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Go to the small claims court and present your case.

1 Answer | Asked in Bankruptcy and Business Law for North Carolina on
Q: If I own a company (S corp) and we owe $18000 in loans/card debt what happens to the balance when we close the company?

I own an S Corp, we close the office last fall due to lack or work. We have not been able to get it going again and we owe 8k in cards and around 15k on a loan. If we file chapter 7 does the debt the company owed then comes to me, or is it gone with the failed company? As of right now I dont see... Read more »

Timothy Denison
Timothy Denison answered on Jun 13, 2019

Unless you signed as a personal obligation on the nite, the debt stays with the s Corp.

1 Answer | Asked in Business Law for North Carolina on
Q: How much does it cost to have a lawyer help me file a complaint for $2000 for a professional service done poorly?
Tim Akpinar
Tim Akpinar answered on May 10, 2019

Your question remains open for four weeks and it's a tough one for an attorney to give you a ballpark figure based on the limited facts here. A North Carolina attorney would likely want to discuss the matter with you in greater detail to determine what happened before they discuss attorney... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: Do you know anything about service agreements?
Tim Akpinar
Tim Akpinar answered on May 3, 2019

Service agreements tend to be specific to a given matter. They often address the working relationship between the parties involved. They can outline specific duties, conditions, payment terms, etc. A place to start could be to contact a North Carolina attorney to discuss such an agreement.... Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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1 Answer | Asked in Business Law for North Carolina on
Q: I need a list of law code I can use in a class trial about who was guilty, what are some basic codes of law I can call?
Tim Akpinar
Tim Akpinar answered on Nov 1, 2018

You’re talking about “who was guilty,” so it sounds like your project involves criminal law. You could look at your state’s penal codes for starters.

Tim Akpinar

2 Answers | Asked in Business Law, Medical Malpractice and Personal Injury for North Carolina on
Q: If I offer a laboratory testing service for supplments will I be liable for injury as a result of inaccurate reports
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

You have exposure. That's why you should have adequate insurance.

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