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North Carolina Contracts Questions & Answers
1 Answer | Asked in Employment Law and Contracts for North Carolina on
Q: What is the penalty, if any, for an elementary teacher in NC to break her teaching contract to take another job?
Kirk Angel
Kirk Angel
answered on Sep 19, 2017

There is no specific penalty in the law. A penalty, if any, would be provided for in the contract. So, you should read your contract to determine if there is a penalty. If you are unable to determine that with certainty, you should consult with an experienced employment attorney.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In N.C. Must a room have a closet in it to be considered a bedroom? Or can a closet be outside the room in a hallway?
Cameron Lambe
Cameron Lambe
answered on Sep 18, 2017

A bedroom does not need to have a closet, but must meet certain other requirements more fully outlined in the residential building code.

1 Answer | Asked in Contracts, Juvenile Law and Real Estate Law for North Carolina on
Q: I am a 17 year old from North Carolina, my parents are thinking of buying a home under my name, is that possible?
Cameron Lambe
Cameron Lambe
answered on Sep 16, 2017

It's hard to give an answer based on your question. While contracts made with a minor are generally valid (although the minor can often void them unless ratifying them after turning 18), the contract would need to be made with your consent. If you are implying that your parents are planning... View More

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for North Carolina on
Q: Breech of contract and recovery - 3 people $4,000 total 1 contractor

one banjo builder in Pittsboro took money from 3 indivuals totaling over $4000 for custom banjo orders, never delivered cut off all communication - can we file a joint suit against the builder - all plaintiffs are out of state

Cameron Lambe
Cameron Lambe
answered on Sep 11, 2017

Since your suit likely involves the same transaction, events, and facts, you are permitted to join all of you as plaintiffs in the action.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for North Carolina on
Q: Selling a car to a "friend" and now getting stabbed in the back, what should I do?

My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... View More

Cameron Lambe
Cameron Lambe
answered on Sep 4, 2017

North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover... View More

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2 Answers | Asked in Contracts and Collections for North Carolina on
Q: I have an signed agreement to refund me $20,000 from a company but it is past due and they did not pay.

Shall I hire a lawyer to get a judgement and then find a way to collect the debt?

Cameron Lambe
Cameron Lambe
answered on Sep 4, 2017

Although you could represent yourself, hiring an attorney with experience in contracts and collections would be helpful considering the amount of money at stake. An attorney will be able to assist you to help ensure that you obtain proper service, file the right action, and follow the proper... View More

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1 Answer | Asked in Contracts for North Carolina on
Q: I purchased a truck and took to a service center to be checked and a problem was found

can I return it and cancel the contract

Cameron Lambe
Cameron Lambe
answered on Aug 25, 2017

Without more information, it's hard to say. Generally, the terms of the contract control. This means that if there was a disclaimer that the truck was being sold as is or included disclaimers of warranties or other waivers, you may be responsible for anything that's wrong with it.... View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: What is considered disclosing information?

I am writing a follow up question. I work as an independent contractor and the company I contract for says disclosing informagion to others is a breach of contract. They say that having children present is disclosing information. They claim that by having children (my 18 month old) in the... View More

Will Blackton
Will Blackton
answered on Aug 25, 2017

I have a story about a boy who never grew up. My question is: Is Tinker Bell a fairy or magical child? The question can't really be answered without reading the book. Similarly, it's unlikely that an attorney is going to be able to offer you any substantive advice about a contract... View More

1 Answer | Asked in Contracts, Probate and Real Estate Law for North Carolina on
Q: I had the POA for Fin.Mgmt for my mother. She had a small piece of property I had signed all paperwork for as her POA.

I've handled all of her business and other financial issues during the past several years in this capacity as her health continued to decline.She passed prior to the closing date on this matter. Under these circumstances am I still allowed to complete this closing? Thank you.

Paige Kurtz
Paige Kurtz
answered on Aug 23, 2017

Powers of attorney are not valid once a person is deceased. At that point, the estate administration handles the person's assets. You will need to consult with an attorney that handles probate/estates for assistance.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: If the signed written contract states "x" amount owed but an email sent prior to sign contract differs, which correct?
Paige Kurtz
Paige Kurtz
answered on Aug 21, 2017

All negotiations that occur prior to the written contract are considered to be reduced to the written contract. Thus, since the written contract occurred after the emails, the written contract will likely govern. There is a possibility that a mutual mistake occurred and then the contract term could... View More

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Contractor estimated cost. When done, invoices equaled 50% more than estimate, without any prior notice. Are we liable?

Contractor says he has no responsibility to inform client that cost will be higher than estimate. Contract claimed cost plus 20%. We provided detailed RFP, and have have written (email) estimate. At no time where we informed (verbally or in writing) of any unforeseen problems or advised of any cost... View More

Paige Kurtz
Paige Kurtz
answered on Aug 7, 2017

It will likely depend on the language of the contract as to whether the increased cost is valid. If that comes in an e-mail with no other terms, your oral statements could also potentially be a part of the contract. If the contractor did not state that this was an estimate or the actual costs may... View More

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Does a written contract become void if the employer rewrites the entire contract due to an error?

I work at a charter school and signed a contract for this upcoming year. The school realized they made a mistake in the payment dates and rewrote the entire contract. I have not signed the new contract yet. Is the first contract still binding or can I now get out of it without giving 30 days... View More

Kirk Angel
Kirk Angel
answered on Aug 6, 2017

Generally, no unless you sign the new contact. However, it will depend on what the original contact says. Additionally, you may need to sign the new contract to continue employment. I recommend speaking to an attorneys about it and having the attorney review the original contract. Make sure you... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I was dating a man in TN and I live in NC and I was in desperate need of a car and he paid cash for a used one.

Then we went our separate ways. The insurance and title are both in my name. His name is NOT on anything. There are NO liens on it either. My question is can he take the car away from me if we are not together any more?

Cameron Lambe
Cameron Lambe
answered on Aug 3, 2017

Typically, a gift cannot be revoked by one party unless there were certain terms attached to the gift that have not been met or if it was agreed that the gift could be revoked. As long as there were no other agreements attached to you keeping the car, it is likely a valid gift to you. Of course,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: my signed contract says i have to give 30 day notice to exit a month to month lease, which is longer than NC state 7 day

can i challenge this apartment lease clause in court?

Cameron Lambe
Cameron Lambe
answered on Aug 3, 2017

A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable... View More

1 Answer | Asked in Contracts for North Carolina on
Q: Can a company enforce a contract, even if they don't have any documentation of it?

I chose a publishing company that I heard a lot about. When we first started, I had signed a contract, that stated after seven (7) years, the company could renegotiate the contract. They had sent me a copy, however after about five years and a fire, I lost my copy of the contract. I contacted the... View More

Paige Kurtz
Paige Kurtz
answered on Jul 28, 2017

Ultimately, the fact that the contract cannot be produced may be problematic for the company. It is likely that this will only be sorted out in litigation. So, if they cancel your contract and you believe you have rights under the contract, you are going to have to pursue litigation. If the... View More

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Question about independent contract clauses.

Recently rcvd an email from the company I do contract work for. The email states they have rcvd reports of contractors allowing people to accompany them during work. They quoted a clause

Section 6.2 DISCLOSURE OF CONFIDENTIAL INFORMATION

“Contractor (i) will hold and maintain... View More

Paige Kurtz
Paige Kurtz
answered on Jul 26, 2017

It does not appear that bringing your daughter is a violation of either of these clauses as you are neither sharing information with her or subcontracting any of your work to her. At that age, there is really no problem unless it impacts your work in any manner. At some later age, an argument could... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?

Full purchase price would have been $800. The puppy died in the breeder's care before delivery, but they refuse to repay my deposit. I have two witnesses that will confirm that the breeder never used the tern non-refundable when discussing the deposit. I also have a signed, handwritten receipt... View More

Paige Kurtz
Paige Kurtz
answered on Jul 25, 2017

The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it... View More

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1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: i bought a car the nc dealer had a lien and financed the car however it is paid for now the dealer will not give me

the title and will not release the lien and lies to be all the time.. what can i do.

Paige Kurtz
Paige Kurtz
answered on Jul 25, 2017

You may be able to file a small claims action to force the dealer to turn over your "property" the title. There may also be a procedure through the DMV that can be used to clear the title if you have proof that the lien is paid in full. If neither of those options is available to you, you... View More

1 Answer | Asked in Business Formation, Contracts and Construction Law for North Carolina on
Q: How we can negotiate with contractor to finish the project?

Hi. We live in Concord NC. We signed a contract to build a new parking lot. The disign was signed and approved by the city. We paid the 88% already to the contractor and he didn't finish the job correctly. We talk all together with the engineer to let him know what he has to fix up. The... View More

Paige Kurtz
Paige Kurtz
answered on Jul 18, 2017

The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can... View More

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: I am selling home in Outer Banks of NC. I received offer far less than asking price but have made counter.

The earnest $ put down was 1% and subject to getting a mortgage. Our realtor has indicated that in NC any buyer can walk away from any agreement up to settlement and get their earnest money returned. Is this accurate?

Vincent Gallo
Vincent Gallo
answered on Jun 30, 2017

The language in your contract will determine that. For your sake, hopefully you didn't sign a contract that contains such foolish language.

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