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North Carolina Contracts Questions & Answers

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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on

Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3 children.... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... Read more »

1 Answer | Asked in Contracts for North Carolina on

Q: Can an apartment landlord, who currently pays for water utility, put in the lease that water is sub-metered to tenants?

The landlord/property owner pays for the water; however, they put in the lease that it is submetered to each tenant and that the tenant is responsible for the bill. They said this is in the lease because they have the "intent" to start charging for water sometime in the future. Essentially they are... Read more »

Bruce Alexander Minnick answered on Apr 24, 2019

Unless you are being damaged it does not matter whether this scheme is legal or not.

1 Answer | Asked in Contracts for North Carolina on

Q: What are the buyers rights to cancel a proposal for painting services in North Carolina?

Painting company sent proposal for repainting entire home (interior). Signed proposal accepting the price that was shown. Also made $625 down payment. The following day sent painting company written notice that I was canceling the paint project and would like my down payment refund. They are... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

Unless you hire a lawyer to write the painting contactor a letter explaining why they should refund your money, you may have to sue them in a small claims court.

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on

Q: If my landlord passes away does it nullify my lease?

Bruce Alexander Minnick answered on Apr 15, 2019

No.

1 Answer | Asked in Contracts and Collections for North Carolina on

Q: How do I sue for unpaid wages

Subcontracted for company. They haven't paid full amounts and are claiming that they don't owe me for other jobs

Paige Kurtz answered on Mar 8, 2019

At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on

Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... Read more »

Kelli Y Allen answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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1 Answer | Asked in Contracts and Elder Law for North Carolina on

Q: Signature from incompotent Grandmother

Recently my grandmothers daughter that was POA over all my grandmothers stuff passed away and the power fell to her eldest daughter. Her daughter that was POA had a life insurance policy that the eldest daughter up in New York claims she s taking over but needed a new signature from my grandmother... Read more »

Kelli Y Allen answered on Jan 9, 2019

If someone has the mental capacity to sign, but cannot physically sign on their own, it is acceptable just to make an "x", have someone assist with holding the pen, or can even direct someone to sign their name. However, if the person's mental state is such that he/she does not understand what he... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for North Carolina on

Q: Can I file a suit against a business for unfair treatment?

Kirk Angel answered on Oct 8, 2018

Only if you have a legal claim.

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1 Answer | Asked in Contracts for North Carolina on

Q: i have a short (1.5 page) contract with a GC, time and materials. No cancelation terms in contract- can we terminate?

we are paid in full but GC still has $2000 deposit we want to get back.

Paige Kurtz answered on Aug 29, 2018

If the contract has not been fully performed and the contractor is in default, it is possible to terminate the contract with the appropriate notice (if required by the contract). Not sure I understand how the deposit works or why it would come back to you, but would need additional information to... Read more »

1 Answer | Asked in Contracts for North Carolina on

Q: can a contractor keep my deposit for not doing any work.

To make a long story short did a contract and gave contractor 1,000 to get on the books. He gave me excuses on why he hasn’t started in 4 months for a addition on my house. I ask for my deposit back and sent me an email giving me excuses why not started and he said would give it back and would be... Read more »

Paige Kurtz answered on Aug 29, 2018

Yes, you should proceed with your small claims case. The contractor would only be allowed to retain monies for work actually performed and based on the reasonable value of the services. Its fairly unlikely that the pictures would be valued at your deposit. Be prepared to present your case to the... Read more »

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