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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Our church is renting a building and the landlord is charging $20 a day for late fees after the first day t

Also the bathrooms don't work who's responsible for fixing the bathrooms

Will Blackton
Will Blackton
answered on Feb 8, 2017

Your lease will specify whether these late fees are permitted and who is responsible for maintaining the facilities.

1 Answer | Asked in Contracts for North Carolina on
Q: I was hired as an independent contractor, Cleaning airline offices. No contract has been signed other than terms of

Payment on invoices. Repeatedly, I have been paid late and they have refused to pay late fees. My payment contact has repeatedly lied about payment being "in the mail" so I have suspended service until payment is received . Can they fire me for this and do I have rights to fight that?

Paige Kurtz
Paige Kurtz
answered on Feb 8, 2017

Unless there was a written contract provision preventing it, the company can terminate the contract at any time. You are not required to continue to perform new services. Even if the contract is terminated, you will be owed for work already performed. You'll have to decide if you want to... View More

2 Answers | Asked in Contracts for North Carolina on
Q: Is this personal loan contract between friends 'legally binding'?

My friend is loaning me money via a home equity loan to pay off my student loans (~$85k) that I have been paying on for 10 years. We have a contract that is written up that I will pay him $2000 a month (what I pay now) over the next 4 years (which is way shorter than the current payoff approach),... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 23, 2017

There is no "friends" exception to contract. You received value and promised in return to repay. That suffices as consideration for an enforceable contact.

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1 Answer | Asked in Contracts, Family Law and Personal Injury for North Carolina on
Q: What is the legal validity of a signed contract as an affidavit, admitting to habitual use of force?

I've been in a relationship with a female whom has a compulsion to use force when triggered. When arguments heat up to diminishing returns, I attempt to leave. She is not large enough to cause physical harm. These instances are about 12 times over 2 years. We currently live separately. She... View More

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

That wouldn't be a contract. A contract is a legally binding agreement to do or not do something. She hasn't agreed to do anything nor have you. She is just affirming that she gets physical or has in the past. An affidavit is a sworn statement.

Regardless, you are taking on a...
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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Q: I have been with my children's father for 8 years now and we are renting a home from my landlord. She is giving us a..

Mobile home just as long as we move the trailor. In North Carolina, Are there any laws that we both can't be on the title if we are not married? We have 3 children together. Please Help????!!!!!!!!

Ben F Meek III
Ben F Meek III
answered on Jan 19, 2017

You can both be on the title as owners. And you can continue to live together unmarried for as long as you want. But be aware that if you or he have other children by prior unions, those children may be entitled to inherit if one of you dies. And if one of you is injured or becomes ill, it may be... View More

1 Answer | Asked in Contracts and Divorce for North Carolina on
Q: My wife wrote up an allimony contract on a notebook paper. Is that considered an actual contract?

I've been paying her for over a year by the way. We been separated since November 8 2015.

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Contracts do not have to be in writing or in any specific form (generally) to be enforceable. Without more information, simply the fact that it is a informal contract does not make it invalid.

1 Answer | Asked in Contracts for North Carolina on
Q: is this contract enforceable?

Two people have agreed that one person owes the other person money for personal reasons. The amount is in the thousands. If one person prints a sentence stating they will pay it and sign it (no notary) is it enforceable? The other person (person receiving money) refused to also sign. This is in... View More

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Generally contracts do not have to be notarized or in writing to be valid contracts. There are some exceptions, but this kind of contract can be oral. The statement by the person loaning the money is simply evidence of intent on the loaning parties' part, but not binding on the other party.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: Can I sue the company that has baught my apartment complex for breach of lease

I have a 5 year lease with 4 years left and also have a work contract that states certain amount of w

Hours are deducted from my weekly check to cover rent it also says if the property is forclosed or is sold my lease and contract still stand to end tenancy both parties must agree or... View More

Paige Kurtz
Paige Kurtz
answered on Jan 18, 2017

Whether or not you can sue will depend on the exact language of the lease. Leases almost always have a termination clause in them allowing the landlord to terminate the lease upon some or no reasons with proper notice. If the lease says that termination can only be had upon mutual agreement, then... View More

1 Answer | Asked in Divorce, Real Estate Law and Contracts for North Carolina on
Q: My parents had a consent to judgement in 2001 for divorce that involved the property being deeded to my sister and I.

This was never enforced and I have a copy of the legal document. It plainly states they will jointly deed the property to us after signing the judgement but their names are still listed on the property taxes and their is no record of this deed happening. There was a mortgage on the property at... View More

Amanda Bowden Johnson
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answered on Jan 6, 2017

The consent judgment is likely something that was basically a personal agreement between your parents. And you want to, for all practical purposes, force your parents to adhere to their agreement potentially making them still financially responsible for property they would no longer own because as... View More

1 Answer | Asked in Contracts, Divorce and Family Law for North Carolina on
Q: Husband broke separation agreement; failed to remove my name from mortgage and has cut contact. Want name off & divorce!

I was married 8/2011 and legally separated in NC 4/2015. I am originally from TN and currently live in TN. April 2017 marks 2 years legally separated. My legal separation agreement said that my husband had to refinance and remove my name from our property by July 2016. It has not been done yet and... View More

Amanda Bowden Johnson
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answered on Dec 6, 2016

Virtually everything you are saying is wrong-ish. First, you are not 'legally separated' at least not in North Carolina. In NC there is no such thing or distinction as legally separated - one is simply separated or they are not. When it comes to divorce, in NC you do not need your... View More

1 Answer | Asked in Divorce, Family Law, Contracts and Real Estate Law for North Carolina on
Q: My name is on the deed to the house only that I had built after we married and I paid for. My husband wants a divorce

If I sell the home, will the check be made out to me only, there is no mortage on the home.

Amanda Bowden Johnson
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answered on Nov 24, 2016

If the home is in NC you likely can not sell it without his consent. If you do manage to sell it without him knowing about it, you likely won't like the out come if he ever finds out. Best of luck.

1 Answer | Asked in Contracts for North Carolina on
Q: Does a contract have to be noterized to become legally binding.

I'm in a band and each member signed a contract stating any music brought into the band is owned by the band. One member got fired and used our music in his own project.

Paige Kurtz
Paige Kurtz
answered on Nov 14, 2016

Generally, contracts do not have to be notarized to be valid. There are a few types that are, like a real estate contract, but not this type of business contract.

1 Answer | Asked in Contracts for North Carolina on
Q: Festival sponsor refuses to make full refund on payment from vendor when festival was rescheduled. Is this legal?

A vendor signed a contract and paid $200 for a booth at an upcoming festival. The date of the festival as specified in the contract was unilaterally changed by the festival sponsor due to inclement weather. Due to other commitments, the revised date was unacceptable to the vendor. When the... View More

Paige Kurtz
Paige Kurtz
answered on Nov 4, 2016

The terms of the written contract will govern what is allowed and what is not allowed. Also if the contract references any other guidelines, those additional terms would be incorporated into the contract. For instance if the contract references some general guidelines for the event, etc. The... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for North Carolina on
Q: Is there a document a buyer can sign to forfeit a contract for deed, if they are not paying their payments?

The house was sold under contract for deed in 2011, the buyers never made any payments and disappeared after 4 months leaving the county and leaving the home with many repairs. We have been renting the home and have had no luck locating the buyers who disappeared. We want to sell this house but,... View More

Paige Kurtz
Paige Kurtz
answered on Nov 2, 2016

If you can locate the buyers, the parties can sign a document that will terminate the contract and any rights the buyers might have to the property. There is not enough detail in your question to determine the current status of the contract. Likely the contract is in breach and you could sue to... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

They owe 3,600 unpaid balance; paid 1,500 NR deposit and $900 towards the $6,000 tuituon. Since they were dissatisfied, I didn't try to collect unpaid balance. Child was over 18, but lawsuit says "contract with minor"/missreprentation of program. But contract was signed and... View More

Paige Kurtz
Paige Kurtz
answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the... View More

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Domestic Violence for North Carolina on
Q: Can I make a contract stating that I can hit my bf back when he hits me without legal consequences?
Amanda Bowden Johnson
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answered on Oct 2, 2016

You can make such a contract but it would not be legal or enforceable. Basically, that would be an attempt to contract to break the law.

1 Answer | Asked in Child Custody, Contracts, Divorce and Family Law for North Carolina on
Q: can I be forced out and made to sign an separation agreement?

Wife cheated got caught wants a separation We have a two year old. Both cars and house in her name. I don't want to separate I believe she is lying to me saying she wants space to work it out. Have seen her plan in emails. (Yes spying. I know I know). We live in North Carolina. She said she... View More

Amanda Bowden Johnson
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answered on Sep 29, 2016

No, you can't be forced to sign a separation agreement but you can't prevent a divorce either at least not legally.

1 Answer | Asked in Contracts for North Carolina on
Q: If a contract has the legal name misspelled is the contract still valid?
Paige Kurtz
Paige Kurtz
answered on Sep 7, 2016

More than likely, the answer is yes. More information would be needed, but it would generally boil down the the facts. If the contract has been performed by both parties, there really is no question who entered into the contract.

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for North Carolina on
Q: can a dealership take a car back after driving for 30+ days b/c they don't want to payoff a lien on trade?

dealership knew of the lien, they failed to verify the payoff until Thursday. Now they telling me I have to bring the car back today. I have had the car for over 30days. Have been financed, it shows on my credit report, etc.... The lien on the vehicle is $1500 more than they can pay. They failed... View More

Paige Kurtz
Paige Kurtz
answered on Sep 6, 2016

It depends on the written terms of your contract with the dealership. If the contract limits the amount they will pay or makes the payment contingent on any factors, then you may be out of luck and have to return the car. However, if the contract states that they will pay the lien, without any... View More

1 Answer | Asked in Contracts for North Carolina on
Q: I bought a car and signed a contract. Have not made down payment or taken possession of car yet. Can I cancel the contr?
Paige Kurtz
Paige Kurtz
answered on Aug 30, 2016

No. Motor vehicles do not fall within the type of contract that can be cancelled. There are some types of contracts that can be cancelled, typically within three days, but motor vehicles are not included. Your contract is already in effect and you are bound to make the payment and take possession.

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