The home is made of masonite. I only recently found out this is irreparable after using 3 credit cards to fix the siding, roof, and windows. My doors are warped and I can't afford to get this place energy efficient. I've got mold and the mold has made given me brain fog, increased bodily... View More 
answered on Sep 7, 2023
You do not provide any information about the lawsuit you want to join. I am aware there are some class actions against that builder for their stick built homes pending in states other than North Carolina, and if you were a member of that class you would have been notified once the class is... View More
Even if it didn't have a warranty. My daughter purchased a car well a truck for 13,000. They drove it one day. The transmission went out three weeks later. They got it back. They drove it one day and the differential is about to fall out. I'm trying to figure out if there is a law in... View More
answered on Aug 30, 2023
Almost all new vehicles in the United States are sold with a warranty. The terms and conditions of the warranty govern your daughter’s rights and the manufacturer’s obligations. Most such warranties require the manufacturer to make necessary repairs within a reasonable time. Many states have... View More
Dear Attorney,
I bought kitchen cabinets in March, which the manufacturer shipped to Lowes' delivery agent around May 1. They were intended to be installed in June, but due to ongoing construction delays we have had to reschedule the delivery date several times, most recently to... View More
answered on Aug 29, 2023
The paperwork you signed probably says that you must pick up the cabinets upon notice of delivery or something to that effect. There is no law saying that they cannot charge a storage fee or that they have to disclose it to you beforehand. You should seek out alternative locations to store them if... View More
My sister bought a car at a buy here pay here lot in Waynesville, NC.
It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500.
Nevertheless, 8 days later a third... View More
answered on Aug 22, 2023
YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for... View More
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answered on Aug 18, 2023
Under the Fair Debt Collection Practices Act (FDCPA) in North Carolina and the U.S., credit card companies are generally prohibited from engaging in harassing or excessive communication with consumers. While there's no specific limit on the number of times they can call in a day, they must... View More
We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More
answered on Aug 17, 2023
Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More
Transmission in our converted short bus (essentially our home) was originally rebuilt in Meza, AZ in May 2022. 14 months later, the vehicle has been to 3 shops (Mesa, AZ; Fort Collins, CO; and Gastonia, NC) and rebuilt 3 times. The transmission hasn't been road ready/functional for more than 2... View More
answered on Jul 25, 2023
Unfortunately, this is impossible to answer without reviewing the purchase and installation order for the original AAMCO transmission and the accompanying warranty plus the repair/work orders for each subsequent rebuild and accompanying warranty, if any. You need to take these documents to an... View More
Has taken over the contracts. warranties are now and never was valid. No Gap Insurance because US AUTO sales didn't pay for the warranties or Gap. What can I do? US AUTO sales Is In breach of contract In many ways. I was paying debt collector but not sure what to do. Can't get copies of... View More
answered on Jul 13, 2023
US Auto Sales has gone out of business, you cannot contact them any more. You need to keep making your car payment to preserve your credit. Send a letter in writing to the company who claims they took over the loan and request copies of all relevant documents as well as a copy of the loan payment... View More
Had it canceled the first year and now they want the rest of it.
answered on Jun 1, 2023
An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More
Had to be torn out and replaced by another company.
First company is an LLC. No written contract. Estimate only. Checks were payable to the owner's name.
Can she sue the LLC in small claims court?
Should she sue the individual who is the LLC owner and to whom the checks were payable?
answered on Apr 4, 2023
Is your mother willing to go to court personally and argue her case? Is the owner/representative of company number 2 willing to attend small claims court with her and testify against company no 1? Are your mother and the representative of company no. 2 willing to travel to the county where bad LLC... View More
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
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
judgment. I have a smaller judgment that was placed against me by an individual creditor in September of 2011. This judgment was renewed in 2021 on its 10 year anniversary. This creditor has not attempted any collections until now. I received a Notice of Right to Have Exemptions Designated.... View More
answered on Feb 13, 2023
The Federal judgment does not "supersede". You need to resond to the Notice of Right and claim your exemptions on time. The State court judgment creditor can have the Sheriff take any non exempt assets with a writ of execution. The two judgments are independent of the other. There are... View More
We bought the car on the first of the year. Financing is fine, insurance is fine. Dealership issued a 30 day tag, which expired on the 30th. We now cannot drive the car, because the dealership never sent us a permanent plate when we realized they’d registered it to me and a complete stranger, as... View More
answered on Feb 7, 2023
The North Carolina DMV DOES have an office that handles these kind of claims called the "License and Theft Bureau".
Go to this link (copy and paste into your browser)
https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx
Turn OFF the... View More
By law am I required to still put a cash down payment?
answered on Dec 14, 2022
A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.
TILA does not mean they cannot require a cash down payment. TILA... View More
But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... View More
answered on Dec 13, 2022
This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... View More
I live in NC.
I purchased the car from an Auction in OK.
They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.
The only document I received regarding the purchase was an invoice that... View More
answered on Nov 29, 2022
Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... View More
Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... View More
answered on Nov 6, 2022
The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... View More
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.
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... View More
We owed last last Friday? 1st they said the car was already on auction to be sold. After we paid everything they said 5-10 bus days, today they said maybe tomorrow. Another person is now saying the car is in Charlotte. NC. and it will take another 10 days to do paperwork before we can come get the... View More
answered on Oct 27, 2022
Unfortunately, this is too complicated to answer online. If all you have been getting is verbal reassurance from the lender, you may be in trouble and the car may already have been sold. You need to get something in writing from the lender. Contact a local attorney for assistance with the specific... View More
The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.
answered on Oct 25, 2022
If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... View More
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