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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Construction Law and Real Estate Law for North Carolina on
Q: How long is the builder liable for faulty construction on a new house? Purchased August 2020, lots of structural issues.

Floors are uneven, windows were installed improperly and leak every time it rains. Builder dodging my questions and giving us the run around. Saying someone will come fix, sends someone out to take measurements, then nothing happens. We’ve had at least 6 different people come out to look at the... View More

Paige Kurtz
Paige Kurtz
answered on Dec 29, 2020

The statute of limitations for a contract is three years. However, there is also a statute of repose in North Carolina of six years for faulty construction. At the very least, you should given written notice to the builder of any issues that have arisen or that are warranty issues.

1 Answer | Asked in Civil Litigation, Real Estate Law and Consumer Law for North Carolina on
Q: Can i just be kicked out because im not on the lease?

I have been staying with my mother and her boyfriend for years now being they're older and dont drive. while not on the lease but the landlord has known have been recieving mail for years there also. So can the landlord just all of a sudden for no reason say im not allowed over there or is... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 20, 2020

If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Lot in NC is in name of deceased person in Germany. In will she bequeathed property to sole heir, her daughter.

Will her German will need to be probated in NC or can a deed be done to place property in name of daughter without probate? The daughter lives in Germany. Can the daughter just convey the property to a third party without having it go to her name first? What steps should be taken?

Ben Corcoran
Ben Corcoran
answered on Dec 11, 2020

Under NC law a will can transfer property and foreign wills are valid. What you will likely need to do is get a copy of the will formally transferred to the County where the land is located. From there a deed can be drawn from the daughter to a third party. Speak with a local lawyer in that county... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Attorney required to change the house title from 50-50 to single ownership?

My girlfriend and I own a new house 50-50 in NC state. We paid 50-50 for the house. I would like to gift my portion to her. Can we do this on our own? Or do we need to get an attorney to update the title and file necessary papers with the state?

Anthony M. Avery
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answered on Dec 10, 2020

Assuming you are tenants in common or joint tenants with right of survivorship, one tenant can convey his interest to the other tenant by quit claim deed. It does require knowing what to put down in the derivation of title clause. Since this is a significant transfer, I advise hiring an... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want to gift a Property with a mobile hone on it . What do I need to do?
Ben Corcoran
Ben Corcoran
answered on Dec 9, 2020

If all you want to do is transfer the property, talk to a lawyer, and have them draw up a gift deed.

However, if you also intend to transfer the mobile home, it gets more complicated. Most mobile homes are still legally classified as personal property. To transfer the mobile home, you...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mom feels she was pressured into signing a purchase offer for her home after my dad died but now doesn't want to sell

My mom feels like a buyer/investor has pressured her into selling her house not long after my dad died, but now she doesn't trust him and no longer wants to sell to him. She feels like he's bullied her into continuing with the contract and taken advantage of her emotional distress after... View More

Ben Corcoran
Ben Corcoran
answered on Dec 3, 2020

She needs to take the contract to a local attorney and have them review it. If she was to give you the house she would likely be in breach of the contract and could be forced to pay damages.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What happens if there's a Free trader agreement signed during the marriage and then later when buying an investment we

had both our names listed as owners with only me on the mortgage note so my spouse could refinance it . We never got that far . We still have it but are now divorced and she has always paid the mortgage and paid for all the renovations . Can I still sell it without her signing even though I know I... View More

Ben Corcoran
Ben Corcoran
answered on Dec 2, 2020

Given what you said, neither side can sell the property without the consent of the other. If you want to sell the property then you will have to talk to your ex or bring an action through the courts to force a sale.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What rights of return of ernest money and due diligence does a NC buyer have for extensive termite damage?

My son put $1k earnest and $2k due diligence on a newly remodeled home in Hillsborough NC that was inspected today. The inspector found significant termite damage in the crawl space and the main support beam is badly damaged. The home was advertised as a "complete remodel down to the... View More

Ben Corcoran
Ben Corcoran
answered on Dec 2, 2020

Without reading the contract that was signed I couldn't give my opinion as to what he may be due back. Take the original contract to a local attorney have them give their opinion on it.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I would like to put my name on my deceased mother's mortgage she did not leave a will but my name is on the deed.

Need information on how to start the process of getting my name added to mortgage

Ben Corcoran
Ben Corcoran
answered on Dec 1, 2020

Talk to the bank, it is going to be up to them whether they are willing to add your name, or require a new mortgage.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My sister has been living where she is for 55 years on family land. My last living uncle is selling the property.

Can this fall under Squatters law.

Ben Corcoran
Ben Corcoran
answered on Nov 23, 2020

Your sister likely had permission from the family to live there and therefore she has no "squatter's rights." You have to be living somewhere without permission to claim this. I would want to review the deed and grandparents' wills to know if your uncle has full ownership of the... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If inherited property title has 3 names, are all bills split equally?

Surviving spouse is executor and deceased left no will. Two adult children and surviving spouse will have equal ownership of the house. There is also a $25,000 second mortgage/equity line balance left, which was taken out by deceased and surviving spouse.

Ben Corcoran
Ben Corcoran
answered on Nov 23, 2020

Taxes are supposed to be split equally, in practice this never happens and one side gets stuck with paying all of them until they get fed up and force a sale.

Without reviewing the mortgage, deed, and other documents I can't speak to the ownership and duties of each party. Take...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Wake County NC how long after move out can property manager/ home owner make claim for damages?

rented home for almost 2yrs disabled then dx stage 4 cancer renewal included stipulation could move early if health declined. Moved 9/30. Property manager provided ridiculous list damages then said she had 60 days to file claim. My understanding is that she has 30 days = till what date can she... View More

Ben Corcoran
Ben Corcoran
answered on Nov 18, 2020

In order to claim damages against your deposit, they had to submit a written invoice specifying what they were applying the deposit towards. This had to happen within 30 days.

However, they can sue you for property damage up to three years after they discovered the damages.

If you...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My rights as property owner that has ditch between me and another property owner. Other property owner has modified his

This has caused backup water that is standing and stagnated. This is a ditch that runs through entire subdivision to creek.

Ben Corcoran
Ben Corcoran
answered on Nov 18, 2020

If the ditch/water is completely on his property than you have very few options, if it is on both your properties then you can potentially force him to modify it to remove the standing water. Speak to a local attorney to see what your options are.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can my ex boyfriend be on my deed and he never signed the deed but to get him off my deed he has to sign quitclaim

deed to get him off my deed.

Anthony M. Avery
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answered on Nov 14, 2020

You should search the title for at least the last two conveyances. Apparently he was deeded the property, for which he would not usually sign the Deed himself. Even if it was a mistake, if he has some estate then to extinguish it he will need to convey his interest by deed to you or someone... View More

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I bought a 2 acre wooded lot in western NC at a bankruptcy sale, under $2,500. Looks cut & dry. Should I hire a Lawyer?

Seller pays back taxes and supplies a Trustee's Non Warranty Deed.

Ben Corcoran
Ben Corcoran
answered on Nov 12, 2020

The lawyer handling the sale will likely be sufficient to provide you with the proper paperwork, but if you want someone to review it to address any concerns or identify any potential issues you should hire a lawyer.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is it safe for a buyer to work with the agent that has the property listed? I see a property of interest.

Or, should I find a different agent to work with on purchasing the property?

Ben Corcoran
Ben Corcoran
answered on Nov 8, 2020

The agent's fees generally come out of the seller's proceeds, so it is in their interest to sell the property as high as possible. However, if you were to hire a different agent, you are in the same situation, as their fees also come out of the seller's proceeds. It all comes down to... View More

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: We are in NC and have signed a contract to buy a home. The seller has passed away today. We do know there is a will.

The heir wants to sell the property still. How should we as buyers proceed? What legal steps are taken and how does this slow down the purchase?

Ben Corcoran
Ben Corcoran
answered on Nov 5, 2020

Provided you were under contract; you likely can still enforce the sale against the Estate (I would have to read the contract to make sure). You will have to wait for an estate to be opened and a personal representative appointed by the Clerk's Office. The new grantor would be whomever them... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My wife wants to see her house to a nice as is. She has a mortgage on it and plans to pay it off when her niece pays.

Her neice will still owe 20000. Which she is alright with that.

Can this be done in North Carolina without a lawyer

Ben Corcoran
Ben Corcoran
answered on Nov 3, 2020

It can, but I would highly recommend that she does not do this. I highly recommend that she at least talk to a lawyer to see ways that she can protect herself and her house.

2 Answers | Asked in Real Estate Law and Admiralty / Maritime for North Carolina on
Q: brother took over our father land after he died in 1973 but many of my siblings never signed and were minors
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2020

Unless this involved a vessel or had some other kind of maritime connection, it looks more like something on which a probate - estate planning attorney would be able to offer meaningful insight. You could repost and add Probate and Estate Planning to your Real Estate category, or you could reach... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: should I have to sign a deed of a house the was sold after the passing of my grandmother?

my dad passed away in 2011 and then my grandmother passed away in 2019. my mother and father were still married at the time of my fathers passing and he did not have a will when he passed away. After my grandmothers passing my uncle was in charge of the selling of her house and at first it was said... View More

Anthony M. Avery
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answered on Oct 28, 2020

Since you did not state how the house was titled in your Father. Hire a competent attorney to conduct a title search. You and your Sister may still have an ownership interest. If so, you all will need to get paid for your conveyance.

Or you might demand Partition.

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