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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can a seller renege on an accepted offer before they sign the contract to sell a home?

another buyer made a higher , full offer. The sellers original counter offer to the first buyer was accepted verbally, but the contract had not been signed by the sellers before another offer by a second buyer was presented. Can the seller renege on a verbal acceptance of an offer?

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

Contracts to sell or convey property in North Carolina must be in writing which is the offer and the acceptance. Unless it is in writing, it is generally considered non-enforceable. It pays to move quickly to get a signed contract for competitive real estate. Now, if you had incurred any expenses,... View More

1 Answer | Asked in Contracts and Land Use & Zoning for North Carolina on
Q: I relocated because a friend of a friend promised me a rental property. Now they are no where to be found.

I moved from Philadelphia to Charlotte with my family after a friend of a friend promised to rent one of her rental properties to me. She could not give me a lease yet because she had a tenant moving out but she said I could move in as soon as they were out. So I transferred my job and uprooted my... View More

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

Leases for less than three years do not have to be in writing to be valid in North Carolina. However, since she specifically stated that she was not giving you a lease yet, it would likely be hard to prove you had a lease. There are many properties to rent in Charlotte, so its harder to show... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What kind of lawyer do I need to bring action against a well driller for installing wells that fail to meet code?

The inspector indicated the wells must be re drilled and installed to code. The company will not respond. I want to hire a new well driller to correct the problem and get my money refunded from the first company. The wells have had problems since installation last summer.

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

A contracts, collections, business litigation or construction lawyer would be appropriate. A construction lawyer is not required and would probably result in higher rates. You should proceed forward with this matter as soon as possible.

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: Am I legally allowed to repo my vehicle back from someone who was suppose to buy it but has yet to pay for it?

We have a promissory note however it was not notarized and she is trying to avoid paying me. We had a verbal agreement then put it in writing when she moved out, but she has had the vehicle for 5 months and has never made a payment on it. I told her I would like the vehicle back but now she is... View More

Paige Kurtz
Paige Kurtz
answered on Jul 29, 2016

Probably not from the facts you have stated. You can only repossess if you have a security interest in the vehicle, meaning your lien for the monies you are owed under the promissory note is noted on the actual title to the vehicle. If you sold the vehicle without any security or a lien on it, you... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: Contractors came into my apartment to measure for a microwave and back splash. Can my rent be raised before lease is up?
Paige Kurtz
Paige Kurtz
answered on Jul 25, 2016

It will depend on the terms of your lease. Generally, rent is set for the term of the lease (in most cases, one year). Unless there is provision in the lease that allows it to be raised during the term, then the answer is no. If you don't have a written lease, than most likely you are month to... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for North Carolina on
Q: Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?

Time frame is 2 years

Territory is 23 states

Employment referred to as "at-will"

Employee position is non-managerial

Nothing is being offered to sign

Nathan Hull
Nathan Hull
answered on Jul 1, 2016

Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory... View More

1 Answer | Asked in Consumer Law, Products Liability and Contracts for North Carolina on
Q: I have a question about a invoice paid and a warranty.

I paid an invoice to have a 12 mil liner installed under my newly constructed house. Now I have determined that i did not receive the product that I paid for. Also the warranty that I have in hand from the company shows a 15 yr warranty on the liner installed to be free from holes and tears and to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

This is actually a contracts issue. You have a few options on that. One, contact the company that installed the product and see what they will do for you. If they do not make good, you could contact the manufacturer (assuming they are different companies) and make a complaint with them. You could... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Got a written quote from a landscaper who now says that this is a contract and wants his money.

Got a written quote for $2500 worth of landscaping work for around the house. Asked the landscaper if work and money could be divided in two and the front half of the house done. I told him if that went well then we could have him come back the following month for the back of the house and 1250... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

It would be difficult for him to prevail in court based on what you say, but his facts may be different. That said, it will be hard for him to claim breach of contract if he never did the work, assuming he was to be paid after the work was done. You may want to file a complaint with your... View More

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

Many times patients request refunds because they don't like how something looks or feels. This is very subjective. If the work was done to the standard of care how do you deal with this. Patients sometimes use state boards as a means to extort money from practitioners. How do you avoid this?

Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not...
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1 Answer | Asked in Contracts, Family Law and Personal Injury for North Carolina on
Q: What if there was a problem with social services and Family Preservation violated a confidentiality contract form
James Carr Suits II
James Carr Suits II
answered on Feb 12, 2016

I have no idea what you're talking about. More facts, please.

1 Answer | Asked in Contracts for North Carolina on
Q: I was paid for work with a personal check which she cancelled and it was alreadh in my account how can I get my money?

I worked as her personal assistant and she has paid with a personal check before. I contacted her and asked for the money she owed me and now she is acting as though she will not make the situation right.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

Then sue her.

1 Answer | Asked in Contracts for North Carolina on
Q: If you buy something for someone that was $4.59 plus tax and you give the cashier $5.00 do you owe them the change?
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

I'm not sure I understand the question. If the total purchase with tax is over $5, you owe the difference. If less than $5, you should get change back.

1 Answer | Asked in Contracts for North Carolina on
Q: In a 50/50 Franchise contract with a biz partner, how could GNC take away our biz because a Senator makes a phone call?

The biz partner didn't want to continue working, so his relative, a Senator called GNC corp. to shut us down and put 14 people out of work!

Nathan Hull
Nathan Hull
answered on Oct 23, 2014

You will have to check your franchise agreement to determine whether their termination of the contract was justified. Generally the franchise has drafted these agreements in their favor.

1 Answer | Asked in Contracts for North Carolina on
Q: I sold my part of my business to my ex brother in law. we wrote up a contract signed it with witness. but he hasnt keep

His end .how do i get my money or the business back

Nathan Hull
Nathan Hull
answered on Oct 23, 2014

You can sue for breach of contract.

1 Answer | Asked in Contracts for North Carolina on
Q: How do i go about getting my money or business back?

I entered into a writtin agreement to sell my part of a business. he has not and refuses to pay. what can I do that wont cost me a lot of money.

Nathan Hull
Nathan Hull
answered on Oct 23, 2014

Unfortunately there are not many options that don't cost money. You could sue the buyer for specific performance which would require him to go through with the deal. You also could sell to someone else and potentially recoup damages from the original buyer if you can't get as good a price.

1 Answer | Asked in Contracts for North Carolina on
Q: signed as is contract with a private seller on a car but not the title can i sue for. a refund
Nathan Hull
Nathan Hull
answered on Oct 23, 2014

This may depend upon the reason you are returning the vehicle. Under N.C.G.S. 25-2-608 you can revoke your acceptance of the vehicle if you find an undisclosed defect.

1 Answer | Asked in Contracts for North Carolina on
Q: Is a verbal and hand shake a ways of a legal contract in NC
Nathan Hull
Nathan Hull
answered on Oct 23, 2014

With a few exceptions you can have a verbal contract that is enforceable. The bigger issue is proving it.

1 Answer | Asked in Contracts for North Carolina on
Q: We bought a vehicle 3 weeks ago. We had a verbal agreement and are making pmts. The seller came to us and said he wants

The vehicle back so he can sell to someone else. We also found out the vehicle didn't belong to him. It belong to a relative of a friend. What do we do?

Nathan Hull
Nathan Hull
answered on Oct 23, 2014

The manner in which he is selling the vehicle may be illegal if he is holding himself out as a dealer. If you only have a verbal agreement, and there is no transfer of the title, he may have rights in the vehicle. You may want to contact an attorney to try and work through the issues.

1 Answer | Asked in Contracts for North Carolina on
Q: If you have a contract and that contract has been amended is the effective date start from the amended contract?
Charles Snyderman
Charles Snyderman
answered on Jun 14, 2014

It depends on what was changed by the amended contract.

1 Answer | Asked in Contracts for North Carolina on
Q: Our previous lease was til 9/11/13 but we signed a new lease on 4/1/14 to 4/1/15 but the new property manager is saying

that it is not a legal lease but we signed it and the rental property signed it. Wouldn't the new lease still be legal?

Charles Snyderman
Charles Snyderman
answered on May 30, 2014

Based on the limited facts you provided, I am assuming that you had a written lease agreement that expired on 09/11/13. You stayed in the property after that date and continued to pay rent. Several months later, you signed a new lease agreement for a one year period. If these are the facts, then... View More

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