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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for North Carolina on
Q: Land owners died with no will or children. Do I have a claim to the property since I've lived there for 20 years

Ex wife's aunt and uncle passed on with no will or children. They have custody papers for my ex as they raised her. But they never adopted her. After she left I continued to live on the property for nearly 2 years until they passed away. It's been 1 year since both passed and I still live on the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 26, 2018

Likely not - you need to talk to a local property law attorney ASAP.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can someone who owns property in NC with you force you to buy them out if they want to sell and you don't?Thank you

I own one-third of property with brother owning one-third. Final third is owned by 7 of our mother's grandchildren.

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 20, 2018

You need to repost this question under the North Carolina tab.

In Florida the answer is yes. It is called partition. Partition is not a forced buyout but it results in the parties no longer being joint owners.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How long does a seller of a home have to move out after home is sold
Vincent Gallo
Vincent Gallo answered on Mar 11, 2018

The contract language should contain that answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Home builder wants to give us 100k to pay off our current home to be able to purchase his new home.

We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... Read more »

Will Blackton
Will Blackton answered on Mar 6, 2018

It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My fathers will had a property going to his wife as a life estate until she passes and then going to his children after.

Her name is on the deed under my father's for the condo. He purchased the condo directly from his retirement account so he did pay for it himself. She is under the impression that it's hers now and she wants to sell it and leave us with nothing from the condo.

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 1, 2018

If the will established a proper life estate - she should not be able to sell. You may need to talk to an attorney to protect your interests.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

The deed was never changed to give ownership to either party prior to the divorce. The mortgage on the unit has been satisfied. Who is responsible for accrued maintenance fees?

Michael Hales
Michael Hales answered on Feb 21, 2018

As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the alternative, I've... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 6 years ago, my sister in law kindly OFFERED and agreed to finance a home for me in her name. I had enough money to buy

but because my credentials were not good enough to get the loan, she wanted to help me out. So I gave her ALL FEES and paid the full mortgage on time religously, with the agreement that once I got my credit score up and stabilized my job I would take possession of the house by either assuming the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 14, 2018

Who is on the mortgage is irrelevant, if she is on the deed and you are not and there is no formal written agreement in place - it is likely her house not your house. You need to consult with a local attorney but there is likely not much you can do. This is a prime example of why this type of... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can I stop the sell of Property that was supposed to signed over to me. Not sure if INC. or persons name

There was an agreement between one owner (president of Inc.) to sign property over after I sold property and gave them funds from sell to invest in the Inc.

Will Blackton
Will Blackton answered on Feb 9, 2018

North Carolina General Statute § 22-2. Contract for sale of land; leases.

All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Question about owner financing

I currently owe 150k on my house. I have an interested buyer at 500k. At closing the buyer will put down 150k to pay off existing mortgage and I will carry the loan of 350k@4% for 30 years. My question is if for some reason the buyer at some point gets a second mortgage/equity loan from a separate... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2018

The answers to those questions will depend on what's in the written agreement between you and the interested buyer.

Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed in...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: I own some land and I have a promising buyer. Can I have money fronted from that buyer now and reduce the total price?

I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... Read more »

Will Blackton
Will Blackton answered on Feb 5, 2018

Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.

There are a few ways to accomplish your goal and...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: How can we get our down payment back on an owner finance purchase. We decided to back out after the inspection/appraisa

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.

Will Blackton
Will Blackton 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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My mother died w/ no will. She is survived by her spouse and four children. Would the children get anything?

How would the assets be divided among the remaining spouse and the 4 children?

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 2, 2018

With no will, the spouse will receive the first $30,000.00 of personal property, one-third of the remaining personal property and one-third of all real property. Her children will evenly split the remaining two-thirds (2/3) of personal property and real estate. So if the estate is small enough,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a text message between the listing agent and sellers agent a binding contract? Bother parties agreed on a price.

All documented in text between realtors.

Paige Kurtz
Paige Kurtz answered on Jan 29, 2018

All contracts for the sale of real property must be in writing in North Carolina.

1 Answer | Asked in Criminal Law, Real Estate Law and Personal Injury for North Carolina on
Q: We need help bad. Long story but, my neighboor just cut limbs off of my holly bushes tree without our permission

This was done out of spite. Can i take her to court? Trees are on my property. Now my trees are damaged. 11 trees damaged out of 19. We paid $2800 thats when they were little trees. We also had our land surveyed and she remives our stakes thats on her side. She claims that our fence is on her land... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 24, 2018

If the limbs crossed over into your neighbors property she can likely cut them as long as it doesn't kill the tree. Your best bet is to consult with a local attorney and start costing her money as well. Usually after getting spanked in the wallet a couple of times, neighbors start keeping to... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Divorce and Real Estate Law for North Carolina on
Q: Can I remove my name from the deed of a home that I own with my spouse in NC?

My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so that I can... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 22, 2018

You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can I as the mother not married to father have legal right to the house if it's not in my name but I have custody

We have been together 11 years

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 19, 2018

If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Grandmother married my grandfather, all her children deceased by husband. She had other children but was not married to

their father. Do the grandchildren of husband have rights to the property? No will this is regarding property in NC

Joseph Jaap
Joseph Jaap answered on Jan 16, 2018

If a person who is no longer married dies, then that person's natural or adopted children would inherit the person's property in equal shares. If any of those children are no longer living, the children of that deceased child would inherit their deceased parent's share. See Subsection (A) of... Read more »

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: What can I do about a quit claim deed that my ex spouse has not used?

My wife and I divorced 2 years ago. We both signed a quit claim deed in front a notary, "giving her the house" which was never filed in court or anything, she still has possession of it. She has still not sold the house, or taken my name off of the loan. I am still paying the mortgage. We made... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 6, 2018

I assume you did not have an attorney, as no attorney worth their salt would have allowed you to sign a quit claim deed while still on the mortgage. Hopefully there is something in the divorce judgment that addresses this issue or you are for lack of a better word very likely screwed.... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own several rental properties in NC with mortgages. If I die is my wife responsible for the debt? She is not on the mo

My wife is not listed on the mortgages.

Vincent Gallo
Vincent Gallo answered on Jan 4, 2018

Not likely, however if the mortgage debt is not paid and the property is foreclosed it will be lost in the foreclosure notwithstanding.

1 Answer | Asked in Products Liability and Real Estate Law for North Carolina on
Q: I bought a house under the stipulation that repairs were made to the roof. If the roof repairs fail, can I sue?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

You may be able to sue to enforce the clear terms of the contract. If the roof repairs were described in that contract, you should contact a local real estate attorney to learn what action you may be able to take to seek relief.

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