Lawyers, Answer Questions  & Get Points Log In
North Carolina Business Law Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Communications Law for North Carolina on
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late

I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More

2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

View More Answers

1 Answer | Asked in Agricultural Law, Business Law and Gov & Administrative Law for North Carolina on
Q: Is there a size minimum of a business to apply for distillery license?

I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.

You can find information about the permitting process at...
View More

2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 24, 2023

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

View More Answers

2 Answers | Asked in Business Law, Contracts and Intellectual Property for North Carolina on
Q: I recently obtained the rights to two characters and wish to stop their current use by an organization

A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.

Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More

View More Answers

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for North Carolina on
Q: I set up a blog about medicine and supplements. And I want to know if the name will get me in trouble. Doham.org

The name I selected is Department of health and medicine. In the about us section of the website, I have a disclaimer, saying that we are not a government organization. I am not making money from this website yet, but I plan to in the future. The LLC name is completely different so I will be DBA... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Matthew Morris
Matthew Morris
answered on May 2, 2023

The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might... View More

View More Answers

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
View More

View More Answers

1 Answer | Asked in Business Law and Construction Law for North Carolina on
Q: What is the maximum late fee in NC for home improvement invoices.

Customers get in no hurry to pay final invoice payments. Can I add late fees to invoice and if so how much?

Will Blackton
Will Blackton
answered on May 2, 2023

North Carolina courts have generally held that late fees must be reasonable and not excessive, and should generally relate to the actual damages suffered by the contractor for late payment. If you plan to add late fees to your invoices, you should make sure that the fees are clearly disclosed in... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for North Carolina on
Q: I need an agreement to protect my electrical license & myself while serving as a qualifier agent. Any ideas?
Will Blackton
Will Blackton
answered on Apr 15, 2023

Businesses subject to professional licensing requirements, such as electrical contractors, generally have pretty strict ownership and operational requirements.

Review NCAC Title 21 Chapter 18 and NCGS Chapter 87 to see the restrictions relating to serving as a qualified individual for a...
View More

1 Answer | Asked in Contracts, Employment Law and Business Law for North Carolina on
Q: I'm looking for some answers regarding Noncompete law in NC.

I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Do I have any legal grounds for a shipping company losing my brand new truck?

I custom ordered a vehicle was I was working in Massachusetts. The vehicle build took five months but it arrived at the dealership and I financed it. Friday I paid Safemile Auto transport to deliver the vehicle from the dealership to my driveway. The receipt says pick up on Friday, delivery by end... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

If you haven't already, you should file a claim with any and all insurance/warranty companies involved.

The shipping company will probably argue that their subcontractor is liable, instead of them. But that's not necessarily so.

The contract might say that you'd have...
View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: Can I form a nonprofit to help me support my 91 yo mother who suffers from alzheimers and dementia?
N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

The purpose of a nonprofit is to provide resources or other support to a specific group of people who need the resources and support. To be approved for nonprofit status, a business or organization must describe its mission to the government. Then the government will decide whether the mission is... View More

1 Answer | Asked in Business Law for North Carolina on
Q: I want to file an NCUC Form CE-1 to get a CERTIFICATE OF EXEMPTION TO TRANSPORT HOUSEHOLD GOODS.

Where do I find an attorney to do that? Do I have to have an attorney prepare it for me?

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Someone considering filing an NCUC Form CE-1 may find an attorney through an online search, direct referral, or perhaps the North Carolina Bar Association Lawyer Referral Service.

Various types of attorneys handle government filings for business clients. Some such attorneys may identify as...
View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: Can a senior stockholder refer to a contracted consultant as president of the co. in contracts without their knowledge?

Senior stockholder has kept company afloat, and now wants to liquidate some assets. Today he referred to me as president of the company to a prospective buyer, when I have not agreed to serve or been asked to serve in that capacity. I am under contract as a Consultant.

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Sure, a senior partner "can" make such a statement. But that doesn't necessarily mean that doing so is justified or is without consequences.

However, a few of the really important questions are (1) why the senior shareholder would make the statement, (2) how the statement...
View More

1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... View More

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: can someone sell a leased item as their own and not let the lease owner know?

I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... View More

1 Answer | Asked in Business Law for North Carolina on
Q: If there are multiple heirs, can one heir buy another out or do all need to sign in order to buy out the one heir? In sc
Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A North Carolina attorney could advise best, but your question remains open for four weeks. Some questions on this forum go unanswered, but you could try reposting under the Probate and Estate Planning for better chances of a response. Good luck

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for North Carolina on
Q: What are the interest and late fee laws in NC on invoices specifically?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

A late fee can only be charged on an invoice if the payment is more than 30 days past due. However, the parties to a contract may agree to a different grace period.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.