Lawyers, Answer Questions  & Get Points Log In
North Carolina Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: Business contract

We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still hasn't been... Read more »

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: How would we document the "location of the meeting" if all board members participate by conference call?

What would be the "location of meeting" for a board meeting minutes if all board members held the meeting via teleconference from their home?

Will Blackton
Will Blackton answered on Jan 2, 2018

It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.

I am unaware of a specific requirement under North Carolina to include the...
Read more »

1 Answer | Asked in Real Estate Law and Business Law for North Carolina on
Q: Can a North Carolina HOA borrow money without the consent of affected homeowners/lot owners?
Cameron Lambe
Cameron Lambe answered on Dec 12, 2017

Many powers and restrictions of an HOA are outlined in the governing documents of the HOA. Please consult your articles and bylaws and/or an attorney to determine if these rights are spelled out in them.

1 Answer | Asked in International Law, Business Law and Contracts for North Carolina on
Q: I have designed a shoe I'd like to have manufactured mass production Italy. Which contraction is most appropriate ?

I have heard 'Product Development Agreement' 'Manufacturing Contract' 'Supply Contract'. Which is most neccesary and should I have an Italian speaking lawyer draft it in italian ?

Will Blackton
Will Blackton answered on Dec 8, 2017

The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law, then drafting it... Read more »

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: If a corporation is sued by an individual from another state, can the court hearings be held in the state where corporat

The corporation is in NC and the individual is in MO who filed the claim. The corporation received a summons to appear in court in MO. Shouldn't the case be filed in NC?

Paige Kurtz
Paige Kurtz answered on Nov 13, 2017

Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should... Read more »

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for North Carolina on
Q: The landlord for my business is refusing to provide me with a signed copy of my lease unless I pay him money. Legal?

We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... Read more »

Paige Kurtz
Paige Kurtz answered on Nov 8, 2017

No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... Read more »

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: if i informed by one of my partner that i breached contract. Although the allegations happened before signing a contract

Am i liable to a demotion or punishment within the company.

Paige Kurtz
Paige Kurtz answered on Oct 30, 2017

Unfortunately, there is not enough information in your question for an answer to be provided. It will depend on the facts of th issue and the written contract.

1 Answer | Asked in Business Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: My LLC signed lease assumption (NC). Previous owner stayed as guarantor. What personal liability do i carry for lease?

I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... Read more »

Paige Kurtz
Paige Kurtz answered on Oct 2, 2017

Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on
Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate... Read more »

1 Answer | Asked in Business Law and Criminal Law for North Carolina on
Q: "Is running a fraudulent business a crime? Can I report to district attorney, FBI or IRS?

If a home builder has a string of records not to pay sub contractors for their work after received payment from the home owner and causing home owner to get lien on their properties, is this a fraudulent business practice? The same business move money between accounts to avoid judgement, is this a... Read more »

Paige Kurtz
Paige Kurtz answered on Sep 13, 2017

You can certainly discuss this issue with a district attorney, but it is unlikely they will take any action. It is really a civil matter and can be pursued through a variety of causes of action to address the issues you describe. You may also consider contacting the Consumer Protection Division of... Read more »

Q: Are there any stipulations on naming a real estate company in NC? (Planning on flipping and/or renting properties out)
Will Blackton
Will Blackton answered on Sep 4, 2017

I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example: "123... Read more »

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: What is considered disclosing information?

I am writing a follow up question. I work as an independent contractor and the company I contract for says disclosing informagion to others is a breach of contract. They say that having children present is disclosing information. They claim that by having children (my 18 month old) in the... Read more »

Will Blackton
Will Blackton answered on Aug 25, 2017

I have a story about a boy who never grew up. My question is: Is Tinker Bell a fairy or magical child? The question can't really be answered without reading the book. Similarly, it's unlikely that an attorney is going to be able to offer you any substantive advice about a contract without first... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: I am a member of a North Carolina LLC. One of seven members. Five of us think our funds are being embezzled.

What is our recourse in determining if funds are being used for personal use by the sole financial manager. If true, how do we determine if this is embezzlement and what is the best course of action to rectify.

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

Members of an LLC have a right to inspect the books and records of the company upon request, subject to certain restrictions that may be included in the operating agreement or articles of organization. You should consult your operating agreement and articles to determine whether either restricts... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: I now own 16.667% of a company I started 20 years s ago. Do I still have a say as to how it is run?

I sold majority interest. Major partner now making major decisions without me Decisions could affect my equity value

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

The percentage ownership does not necessarily determine what management rights you have. The bylaws and/or articles of the company/partnership/corporation should spell out what the ownership and management rights and duties of each person are. If you have a copy of the bylaws or articles, there... Read more »

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Q: Can my employers force me to take trash home? Is it legal not to have trash pickup at a place of business?

I live in North Carolina and work in retail. My employers refuse to pay for any kind of trash service and demand that their employees take company trash as well as personal trash home with them to dump in their own garbage. Can they do this? And is it even legal to run a business without any kind... Read more »

Kirk Angel
Kirk Angel answered on Aug 18, 2017

No one can force you to do anything you do not want. However, the employer can fire you if you do not.

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for North Carolina on
Q: Can A Lawyer loose his job for threatening me and my mama
Kirk Angel
Kirk Angel answered on Jul 22, 2017

Sure, if his boss wants to fire him for that.

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I have been denied the purchase of fastpitch softball bats by the manufacturer. My question is can they do this?

I was purchasing bats from a authorized retailer and then providing them to kids who may not have been able to afford them. Sometimes for free and sometimes for a reduced cost. Never did I make a profit or was I trying to. Now the manufacturer has denied me from purchasing any products they sell.... Read more »

Griffin Klema
Griffin Klema answered on Jul 5, 2017

Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as... Read more »

1 Answer | Asked in Contracts, Personal Injury, Business Law and Car Accidents for North Carolina on
Q: If I'm paying my vehicle off 11 months early am I legally obligated to pay the interest of the full term

The vehicle was 3500 cash he agreed to finance it for one year with 1500 down after a month I made my first payment of 300 the next day I was hit insurance has totaled the vehicle he is saying the payoff is 3300 after financing it for a year it would have been 5100 at $300 a month however I've only... Read more »

Paige Kurtz
Paige Kurtz answered on Jun 22, 2017

If there is a written contract, then the terms of the contract govern what you must pay. Typically lender contracts have clauses that cover early payment. If this is just an individual, then it is the terms that you agreed to whether in writing or verbal. If you did not agree to pay interest for... Read more »

1 Answer | Asked in Business Law and Environmental for North Carolina on
Q: My partner and i want to introduce new paint in usa. Question is if it needs to be subjected to any standardized test
Gregory Andrews Cade
Gregory Andrews Cade answered on Jun 11, 2017

Section 5 of Toxic Substances Control Act (TSCA) mandates anyone who plans to manufacture or import a new chemical substance for a non-exempt commercial purpose to provide the Environmental Protection Agency (EPA) with prior notice. This pre-manufacture notice, or PMN, must be submitted at least 90... Read more »

1 Answer | Asked in Business Law and Real Estate Law for North Carolina on
Q: We have a signed contract to buy a property from an LLC (from Florida) but the LLC is inactive. is this possible in NC?

They, the LLC, says that it will cost them $3k to reactive their LLC and they don't want to.

Paige Kurtz
Paige Kurtz answered on Jun 5, 2017

Technically, the LLC is not authorized to conduct business but it may be that they are dissolving so they do not wish to continue operations. While the company is dissolving the company may carry on by closing up the business, this would include selling off assets. In addition, an unauthorized... Read more »

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.