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North Carolina Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for North Carolina on
Q: My question is regarding an insurance policy in which my company denied a payable claim due to policy wording issue.

I have provided all info needed, surgical notes, etc. and they still refuse to pay. I have filed my appeal and am close to going public with this ordeal. This is for a cancer policy. In addition, I have recorded conversations with this company where false information and excuses have been given... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A North Carolina attorney could advise best on this, but your question remains open for two weeks. Dealing with the matter privately or publicly is up to you. Check the wording in the application for the appeal, particularly in terms of whether the determination of the appeal panel is binding.... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I signed a DocuSign where someone said they would pay 825 a month now they say they were drunk. Is my DocuSign legal

I signed the DocuSign and everything even he did now he's saying he doesn't remember

Will Blackton
Will Blackton answered on Oct 30, 2019

Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature.

Now, whether the contract is invalid or voidable because...
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1 Answer | Asked in Contracts for North Carolina on
Q: Can we be arrested for breach of contract on the part of the client for material and deposit return
Tim Akpinar
Tim Akpinar answered on Sep 6, 2019

Generally speaking, it would be unusual for something like that to result in arrest. Breach of contract is for the most part a civil wrong. That means the remedies of the damaged party are usually limited to monetary compensation, specific performance, or other civil law-type measures. That is as a... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I am a co leesee on an automobile. Do I have any rights? I'm in North Carolina
Paige Kurtz
Paige Kurtz answered on Aug 15, 2019

As a co lessee you have all the the same rights as the other lessee.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I sold a camper using Craigslist, I was paid in full. The buyer did not take the title and has not come back

It has been well over one month. They have not contacted me and I cannot reach them on the number they provided. They had originally planned to bring me a cashier's check and pick up the trailer and title that day but instead paid by personal check. They were supposed to come back on the weekend,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2019

One month is NOT enough time. FYI: Most Americans have "put things on layaway" for more than a month. Whatever your obligations may be they do not include selling the camper again--at least not until you have truly exhausted all possible ways to locate the honest buyer. Go get a copy of his... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: I have farmland I want to sell, presently rented to potential buyer. Rent is due in October for this year. If he buys,

He wants to include the rent as part of the price we discussed. I say no, we've had this rental agreement for yrs & that agreement has nothing to do with the price of the land . If he buys he still owes me rent for land he has farmed and sold his crop for this yr. What say you?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

This is not a legal question; it is a business question--the answer to which is entirely in your capable hands.

As a practical matter, I have seen many clients lose great opportunities to sell their property by "waiting for the top eighth.'

IMO, insisting on all the rent between...
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1 Answer | Asked in Contracts for North Carolina on
Q: In NC, If I pay a deposit on contractor invoice, does that constitute a contract?

Contractor provided scope of work for painting kitchen. If I pay deposit, is that a contract?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Read the "scope of work" document the contractor gave you. If it says you can cancel, then do it.

1 Answer | Asked in Contracts for North Carolina on
Q: I am being charged an obscene amount for rental property. What can I do?

I’m not behind on payments..but the total amount I’m being charged is astronomical! I’ve also been charged for services that I did not opt for.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 19, 2019

Unfortunately, unless you are renting on a month-to-month basis, there is nothing you can do that will not cause more pain. You may be able to get the landlord to stop charging for unwanted services; unless you agreed to do so when you signed the lease.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Promisorry note does not explicitly stipulate interest. Could I still be required to pay interest?

During an owner financed real estate transaction, I signed a deed of trust, a promisorry note, and a HUD-1 settlement statement.

The note states the "principle", $200,000, will be repaid over 120 months via monthly payments of $1,800. This results in a flat 8% interest rate if I paid for... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

The terms on the note will prevail over the other documents. In this case to remain current under the note all you need to do is pay the $1,600 monthly payment for 120 months.

1 Answer | Asked in Real Estate Law and Contracts for North Carolina on
Q: Could a typographical error in a promisorry note cause me to lose the house I purchased?

During an owner financed real estate transaction, I signed a promisorry note. In a section titled PAYMENT it states I will pay the note back before 1/01/2029 via monthly installments, however under another section, BORROWERS FAILURE TO REPAY, it states "If I do not repay the loan amount in full... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Since today is July 19, 2019, the answer is obviously no. If you were in default you would certainly know it by now.

1 Answer | Asked in Contracts for North Carolina on
Q: I signed a non-piracy letter stating I would not "steal" clients from my previous agency, he no longer owns the agency

do that still stands. I did not "steal" clients. I do not ask them to leave. They leave on their own.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

If the letter you signed came from the agency you still are bound by it--regardless of who now owns the agency.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed

I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.

Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find...
Read more »

2 Answers | Asked in Consumer Law, Contracts, Family Law and Real Estate Law for North Carolina on
Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?

Long story. I pay some Bill's and am working almost full time.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Sorry, but no. The law does not require parents to give any notice to their adult children before they kick them out of the nest. You might understand why someday--when you have adult children.

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1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: Started a renovation with no contract just invoice and H/O is suing me for taking too Long DOC NOT SPECIFIED IN INVOICE

I am a corporation and got half the money up front for special order materials. I got the material started the job, delays/issues happened worh other jobs, weather, help not showing etc long story short verbally had agreed with H/O that job would be complete by xyz date and it wasn't so they fired... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Go to the small claims court and present your case.

Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?

He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on
Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This can be... Read more »

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1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: handyman priced a painting job verbally-has not finished it-suing me for more than the price is there a limit ? Options?

We have email communication and I have pictures he has changed price there times and now wants to be paid and the work is not finished and def not acceptable - no written contact - only verbal - myself and wife were w him on all conversations only is three - have pics - but he has filed a small... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Stop asking strangers on a law blog if NC law will solve this festering problem and hire an NC lawyer instead. You will be glad you did.

2 Answers | Asked in Contracts for North Carolina on
Q: Why is it not a law that motorcycles do not have to wear seatbelts and passenger Cars do.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma. Try calling the leaders of the NC legislature and ask them why they have not done... Read more »

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1 Answer | Asked in Contracts for North Carolina on
Q: What are the legal options for preventing my girlfriend's parents from taking her car in the situation below?

My Girlfriend bought her sister's car, she paid the sister a downpayment and then took over the monthly loan payment. The car is in the mother's name as is the loan. My girlfriend has no documentation to prove she paid the sister anything. Or any legal agreement to put the car in her name when it... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 9, 2019

Your girlfriend did not buy a car - she basically has just been making the payments on her mothers car. Without something from the title holder in writing (preferably a contract) there is not much she can legally do. Chalk it up to a hard learned life lesson - sucks that she had to learn it from... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

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