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North Carolina Business Law Questions & Answers
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... View 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.... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Copyright, Business Law, Entertainment / Sports and Internet Law for North Carolina on
Q: Could I have a website and provide a service to users that allows for uploading screenshots from video games for profit?

This website and web service would allow users to upload their screenshots from video games and share it with their friends. There is more to it, but as far as legal, would it be copyright or other IP conflicts if users screenshot their own in-game experience and upload it to the site and share it.... View More

Will Blackton
Will Blackton
answered on May 18, 2017

If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you... View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: If the same person is listed as a registered agent and incorporator of an organization, does this mean he/she owns it?
Paige Kurtz
Paige Kurtz
answered on May 9, 2017

No. Neither an incorporator nor a registered agent have to have any ownership or title affiliation with an organization. Incorporator and registered agents are often third parties, such as attorneys or companies that are set up to act as registered agents.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Can I sue my brother for my share in a business that I solely founded and later had oral agreement for him to run

I founded a technology business in 2001 and in 2002 made oral agreement with my brother to run with the business and I would be silent partner retaining 50%.

Throughout the years I was paid nothing as business exposed and finally in 2010 he started paying a nominal monthly amount of about... View More

Paige Kurtz
Paige Kurtz
answered on Apr 10, 2017

Possibly, but this is a complicated matter and you will need to sit down with an experienced lawyer and go through all of the detail. It is possible you may have a breach of contract claim. However, some time has passed and you may have lost claims by waiting to pursue this.

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?
Paige Kurtz
Paige Kurtz
answered on Mar 28, 2017

There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Are there any rights a consumer or business owner has if you've signed a confession of judgment

Can the confession of judgment be given more time if you don't have all the money for a lump sum settlement with a creditor? I don't want it on my public record or credit but additional time is needed. Will the court contact me before a confession of judgment is submitted or do I ask them... View More

Paige Kurtz
Paige Kurtz
answered on Feb 28, 2017

If you aren't in compliance with the agreement you made with the creditor then the creditor can file the confession of judgment.They and the clerk are not required to give you any notice, unless you have a written payment agreement which requires the notice. You'll need to contact the... View More

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Complicated case about an unnotarised business contract.

I bought a failing business from a couple in my hometown. They wrote a contract, but because I was sometimes late (wishing 5 days, but the contract actually gave me 10) they would harass me. The husband even kept texting me at 2:30 in the morning. Now, I had to leave the state for personal reasons... View More

Paige Kurtz
Paige Kurtz
answered on Feb 27, 2017

You need to contact an attorney immediately to discuss your case.Once more facts are learned, the attorney may be able to take steps to stop actions on the other party's part. A contract of this type does not have to be notarized to be valid. If you are not in default of the contract, they... View More

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Q: I have a now employee who quit and left his tools and Toolbox at my business. What can I do with his property?
Paige Kurtz
Paige Kurtz
answered on Feb 23, 2017

I would send a written notice to the employee to pick up the tools by a certain date. Not knowing the timing here, a full answer is not possible. If you have the employee's address, you could deliver. There is not set time frame on this, but after a reasonable time, I would argue that they... View More

1 Answer | Asked in Business Law for North Carolina on
Q: What licenses are needed to open a Hookah lounge establishment that serves alcohol?

What are the rules in regulations with the state of North Carolina that I must adhere to when opening a hookah lounge and what licenses are needed.

Paige Kurtz
Paige Kurtz
answered on Feb 20, 2017

At the very least, you will need a license issued by the ABC Board for alcohol sales. There are different levels of licenses depending on your alcohol needs. Additionally, you will need business licenses. The licenses vary by county. Its best to consult with an attorney to discuss your specific... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.

1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: I am starting a food trailer buisness and my investor decided to back out before we signed a contract but he gave me

A check for$ 7,800 to purchase the trailer I paid 12,000 to finalize the purchase what is my legal obligation to pay the money back is there a time frame? What legal actions can he take against me?

Paige Kurtz
Paige Kurtz
answered on Feb 13, 2017

It depends on the terms of your agreement, whether written or oral. The money was paid and used for the intended purpose, so no doubt you have a contract. What was your agreement with respect to the money? To pay back after a certain time frame or when the business reached a certain point? If there... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Should I get a llc for my small etsy store and blog for the protection?

I don't make much money from etsy store and I don't make any money from my blog but I would like the protection. I sell small charms and I'm worried about the liabilities that come with that.

Paige Kurtz
Paige Kurtz
answered on Jan 24, 2017

Forming an LLC or other business form can offer protection to individuals and individual assets should a claim be made against a company. Based on your information, I am not sure what the size of claims against you could possible be for small charms. Nonetheless, you could consult with an... View More

1 Answer | Asked in Business Law for North Carolina on
Q: I'd like to ask the seller of the business I'm purchasing not to compete with me for a specified period of time

- is this legal?

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Yes. The non-competition clause must be contained in a written contract and there are other terms that must be included. You should discuss this with an attorney.

1 Answer | Asked in Business Law for North Carolina on
Q: Who owns the inventory in a business...the person who bought the inventory or the person who owns the building?

My grandpa has been running a bargain shop for about 20 years. He has moved three times. The most recent move my aunt volunteered to help him by putting her name on the rent of the building and paying the taxes on the shop. My grandpa has purchased all of the inventory in the shop. Due to his... View More

Paige Kurtz
Paige Kurtz
answered on Nov 29, 2016

The lease speaks only to the interest in the real property, not to ownership of the business or the business assets. Without reviewing the actual documents, a full answer could not be provided. However, based on the information provided, the inventory belongs to the business, which in turn belongs... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

They owe 3,600 unpaid balance; paid 1,500 NR deposit and $900 towards the $6,000 tuituon. Since they were dissatisfied, I didn't try to collect unpaid balance. Child was over 18, but lawsuit says "contract with minor"/missreprentation of program. But contract was signed and... View More

Paige Kurtz
Paige Kurtz
answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the... View More

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