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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.

Adam Bull
Adam Bull answered on Jan 22, 2020

This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.

Consult an experienced civil litigation...
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1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: We were hired at closing to repair a shower pan put up insulation and a moisture barrier homeowner will not pay a penny

For work completed she claims it’s not right however we have tried to make things right and make her happy she won’t let us on property she says we needed a license and permits which is false what grounds do we have to get paid for work completed

Paige Kurtz
Paige Kurtz answered on Jan 3, 2020

Depending on how much you are owed, you could pursue the matter in small claims court. The maximum allowed is $10,000. Also, contractors that have provided materials and labor to property may have lien rights against the real property.

1 Answer | Asked in Collections, Consumer Law and Contracts for North Carolina on
Q: How do I draft a letter disputing billing for a medical event or do I wait for collections before getting legal advice?

When I was admitted for treatment at the ER, I indicated that I had no insurance and wanted the minimum of care necessary to resolve the immediate issue. Instead it appears that they ordered a battery of very expensive tests that have no medical necessity. At the conclusion of my last conversation... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

No, you probably don't want to wait for collections because you could be one step closer to a default judgment if anything slips up. Additionally, based on how aggressive any collection efforts would be, attorney fees could be thrown into the mix. A North Carolina attorney could advise you best in... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Have a question about a dealership undervaluing and underpaying for my trade in

The dealership posted my truck for 8500 more the very next day that I traded it. Would not give me what the vehicle is worth.

Tim Akpinar
Tim Akpinar answered on Dec 11, 2019

Many people who sell or trade vehicles (or other objects) experience this. As a general rule, the law does not impose a requirement that money paid for something be fair market value or a good deal when it comes to the sale of goods or property. It could be whatever the parties bargain for, with... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Is a non-compete agreement in North Carolina signed by an existing employee enforceable if no consideration is given?

Employee of 7 years told to sign agreement in 2014 or find a new job. Trying to leave job and they are threatening to enforce it.

Kirk Angel
Kirk Angel answered on Dec 7, 2019

Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a... Read more »

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...
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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.

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