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North Carolina Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 27, 2021

You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I am selling my house in NC and the agent and the boss and owner

I am selling my house in NC and the agent and the boss and owner planned to keep the sale and the purchase of the my house on the second day of the house being for sale an interested person went to the house tried to make an appointment they informed him that the house is no longer for sale and he... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

Without reading your contract with the realtor no lawyer is going to be able to advise you on how to cancel the contract.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: If my contractor is not finished by the end date, can I terminate his employment?

Contract date is 6-8 weeks, start date 13 April, so end date is 8 June

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 3, 2021

This is impossible to answer without a review of the entire contract. 6-8 weeks is pretty vague. There are no doubt other terms of the contract. Any attorney who would say "yes" is letting you, a non attorney, interpret what part of the contract is important and what part is not... Read more »

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Can you get fired for wanting to be sent home after requesting payment that was never received?

I am a traveling worker & I was sent to work at a site. They have trouble paying people. So I told the site manager & regional manager that I haven't been paid. The site manager eventually quit so all I had was the regional one to deal with. He told me that he already paid me on a card... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 2, 2021

You have a right to complain about unpaid wages but you may not be allowed to choose your worksite unless you have an employment contract that says otherwise. You can complain through your company's formal channels about the unpaid wages and the worksite's timekeeping issues. If that is... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Family member flaccified documents that I allowed him to stay at house I own for free, used copy paper and my signature

This family member is on tourist visa and trying to stay in US... I did not sign anything and don't want them in my house. What should I do in this case? what statue applies? I am a US citizen and own house for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2021

Hire an attorney to prosecute an eviction action. It is doubtful that the occupant will want to present forged documents in Court. Even if he does, he has not paid rent, and the documents are probably irrelevant to possession.

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Good Morning, I am seeking legal advice on how to get the earnest money that is owed to my wife and I.

THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My son and his roommates are renewing a lease on a college campus. Part of the verbiage in the new lease is that

if the police are called to the residence they can be evicted. Is this legal

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Generally yes, I would have to review the lease to see it in context but I frequently write that into leases I draft.

1 Answer | Asked in Contracts for North Carolina on
Q: How would you write a fixed income contract to clients as a LLC
Rishona Peace
Rishona Peace answered on Dec 11, 2020

The best option is to hire an attorney to draft a fixed income contract for your business. Please feel free to reach out to our law firm, Peace & Squires Law, at contactus@peacesquireslaw.com or 919.617.4008. Please also see our firm's website whereupon you may schedule online an initial... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.

2 Answers | Asked in Contracts for North Carolina on
Q: Does a contract for the purchase of a business in North Carolina have to be Notarized for it to be legally binding?

The contract was signed by both parties and had a specific payment plan, the business was being financed by the owner for two years. The balloon payment was to be made at the end of 2 years. The buyer made payments for 17 months but has paid nothing in the last 28 months.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 30, 2020

No.

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1 Answer | Asked in Contracts for North Carolina on
Q: Does the seller of a home have to reduce the selling price if the appraisal is less than the offered price?
Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

No, but frequently the offer to purchase has a clause that allows the buyer to back out if the house appraises less than the offer.

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 Contracts and Construction Law for North Carolina on
Q: Hi, I entered into an agreement to purchase a modular with a stick built roof from a local GC. They initially requested

They requested a deposit of $1000 and in the agreement it says I agree to buy a home. The salesman told me this locks in my material costs for 30days. I hadn't closed on my existing home sale at the time and he told me not to worry everything would get going within 30 days. Lender he... Read more »

David Allan King
David Allan King answered on Oct 28, 2020

It's difficult to say without doing a full consultation that includes reading the contract and getting more information. However, as a general matter, a successful breach of contract claim will include the cost of lost profits. This is because the court is trying to put the plaintiff in the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My family's home deed has deceased names on it. Does their children inherit their rights to the home?
Ben Corcoran
Ben Corcoran answered on Oct 19, 2020

It depends on many factors, whether or not the deceased had wills, how the property was titled, what the marital status of the deceased was at their death, and who their legal heirs were. I would hire a local NC attorney to answer these questions, and from there, you can proceed forward.

1 Answer | Asked in Car Accidents, Contracts, Criminal Law and Federal Crimes for North Carolina on
Q: What to do if rental car was stolen and totaled and didn’t think you needed insurance on it

Stepson still rental last night wrecked it and totaled it don’t have renters insurance

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A North Carolina attorney could advise best, but your question remains open for four weeks. It might be a longshot, as you were not the operator, but if you rented through a credit card, you could look into whether the card offered any type of protection. If you have a vehicle, you could look into... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Breach of contract? contract to sell property was not transferred from deceased preventing closing.

we signed a contract on 8-17-2020 to purchase property. A week before the closing we were informed of a delay due to probate. The day the closing was schduled our attorney learned the estate was never filed. As time is ticking and the sellers are running out of time, our attorney and sellers... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 5, 2020

The buyers can not give you a clear title until two years have passed since the death of the prior owner, or the notice to creditors has run in the local paper. How your attorney missed this significant detail, I do not know. I can only guess that you were paying cash and did not ask for title... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Is there a way to legally terminate a fencing contract when they didn't complete the work?

We signed a contract 5 months ago, they installed everything but the gates and 39' of fencing. They are not communicating with us and have failed to finish the project. It's a safety issue to not have the gates and we'd like to install them ourselves at this point. Can we legally... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that this happened to you. It is good that you asked prior to doing anything. It is always important to look to the contract first. Basically, look at your contract and see if there are provisions governing when the fence must be installed, when your payments must be made, and... Read more »

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