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In exchange for a base salary and no raise for 20 years my spouse and his parents had an agreement that he would one day own our home. My spouse had been the only resident since it was built until we got married approx 8 yrs ago and now we reside together. His parents refuse to sign over the deed... View More
answered on Apr 30, 2018
Generally, under North Carolina's "Statute of Frauds", agreements to transfer real property have to be in writing and signed; however, there are sometimes exceptions to the Statute of Frauds. For example, when someone relies on a promise to their detriment, they might be able to... View More
I'm about to get my electrical license and want to do business with the same company as my present employer
answered on Apr 25, 2018
Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.
If you have a loan contract signed by both parties.. can you puruse your repayment in court after the person you loaned the money to filed bankruptcy?
answered on Apr 24, 2018
Once a person files bankruptcy, there is automatic stay on all actions against the debtor. Your debt is more than likely covered by the bankruptcy, but an attorney would need to review your documents and the bankruptcy filings for confirmation of the status.
My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.
1- At the same time, my gf & her ex-husband jointly owned a different property.... View More
answered on Apr 23, 2018
It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to... View More
answered on Apr 19, 2018
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Can my boss call the General Contractor and tell him not to award me any bids?
answered on Apr 19, 2018
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a... View More
In the above clause, does ";" mean "and" or "or"? I am trying to get the floodlights under my eaves repaired under warranty.
answered on Apr 19, 2018
I'd love to help you out, but unfortunately without more context you're question cannot really be answered. I assume this is part of a policy you are trying to understand? If so, these policies are even difficult for practiced attorneys! You should consider reaching out to an insurance... View More
This occurred back in 2008, but I was active duty in the military, therefore I had a lot going on. At the time I only had liability coverage on the bike so we also filed a claim with Travelers Insurance. They did not work with us at all and denied my claim, even though it happened on my parents... View More
My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... View More
answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... View More
I was served a Notice of Right to Have Exemptions Designated. However the company that served me also agreed to make a settlement offer and which they have started accepting payments. Will this stop the action or restart it?
answered on Mar 26, 2018
There is not really a way to stop this process once it starts. If you intend on claiming your exemptions, go ahead and do so, otherwise, you will waive them. Then you can proceed with the payments.
I am about to get hired by a company that is in the home service business. My concern is that they want me to sign a non-compete agreement. After reading it I am concerned that I would be stuck with the company or will not be allowed to work in the field I have experience in if they fire me or I... View More
answered on Mar 23, 2018
Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.
We have a signed agreement on file with the county - the mother wants to change this, I do not. She had an attorney draft a new agreement which I do not agree with. She is pressuring me to accept the agreement or she will file a motion to alter. I do not agree with the language or the items... View More
answered on Mar 13, 2018
Your approval would make things easier and cheaper for her but why would you think she needs your approval? She can certainly roll the dice and see what a Judge says. There's likely no downside to her (except the expense of hiring an attorney) as she likely won't lose anything she... View More
going to use the proceeds from the current home to purchase the new home. Our current home is not selling and we have only a month before closing on the new house. Can we back out of the contract for the new home and only lose our $5,000 or ca the builder sue us for money?
answered on Mar 12, 2018
Any damages that the builder suffers as a result of your breach of the contract could be recoverable. It also depends on the language of your contract with the builder. I would suggest consultation with an attorney before backing out of this contract.
Wife signed a 100K loan as a spousal guarantee. Husband later filed bankruptcy, wife did not. Complaint filed against spouse (wife) for repayment of the $100K. The $100K went to a company in the husbands name where the wife has no owner interest, is not an officer nor employee. Can this be... View More
answered on Mar 7, 2018
Guarantors can be anyone, they don't necessarily have to be related to the purpose for the which the funds are used. The consideration for the transfer is the giving of the loan itself. Because of the guaranty (additional security for the creditor), the creditor made the loan.
We were scheduled to close on the home on Jan. 26th but was advised my a realtor friend to get an inspection and appraisal before we sign the contract.
answered on Feb 5, 2018
What does the sales contract say?
By down payment, do you mean due diligence fee or earnest money or both?
Is the money being held in escrow or by the owner?
Contact a NC attorney with the answers to these questions ready to find out the answer to your question.
My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... View More
answered on Feb 4, 2018
You need to put it in writing. Here is some suggested language:
Dear Sir or Ma’am:
Pursuant to the Servicemembers’ Civil Relief Act (“SCRA”) 50 U.S.C. App. Section 527,
this letter is my formal written request to reduce the rate of interest to six percent (6.0%) for... View More
There is a foreign judgement against me and they put a lien on my house.Judgement is from 14 years ago.It was a truck lease.I moved to Europe 17 years ago and I was never served.I came back 8 years ago.Does the statute of limitations start in NC when the judgement was originally made in NJ or when... View More
answered on Jan 29, 2018
Foreign judgments, if filed and served properly, become judgments in North Carolina just like domestic judgments with a ten year statute of limitations. Before the end of the first 10 years, it can be "renewed" for an additional ten years, but that does not renew a lien on real property.... View More
All documented in text between realtors.
answered on Jan 29, 2018
All contracts for the sale of real property must be in writing in North Carolina.
We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still... View More
answered on Jan 26, 2018
Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the... View More
money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?
answered on Jan 26, 2018
The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... View More
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