Lawyers, Answer Questions  & Get Points Log In
North Carolina Real Estate Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... Read 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...
Read more »

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
Anthony M. Avery 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... Read 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.

View More Answers

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... Read 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... Read 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... Read more »

View More Answers

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... Read more »

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My boyfriend owned land in NC left no will deed In his name only. The children do not want the land or pay the delinquen

My boyfriend owned land in NC left no will. The deed In his name only. I have talked to the children and they do not want the land or pay the delinquent taxes due? The city is going to foreclose on the land. If they are willing to gift or sell the land to me what do I need to do to own the land?

Ben Corcoran
Ben Corcoran answered on Oct 27, 2020

You need a deed from all the children and their spouses, and to pay the back taxes, probably to both the city and county. Any NC lawyer can draw up the deed, but it would be advisable to get one more local to ensure that foreclosure proceedings haven't been initiated.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My family's home deed has deceased names on it. Does their children inherit their rights to the home?
Ben Corcoran
Ben Corcoran answered on Oct 19, 2020

It depends on many factors, whether or not the deceased had wills, how the property was titled, what the marital status of the deceased was at their death, and who their legal heirs were. I would hire a local NC attorney to answer these questions, and from there, you can proceed forward.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: GirlFriend and I bought a house for 280K. Paid 50-50, joint ownership 50-50. If I gift house to GF is there tax issue?

1) Will there be tax liability if I gift the house to GF? Tax liability for either GF or me?

2) Is it possible to gift part of the house annually? For example 10% first year, 20% second year and so on and 5 years later, she owns the complete house?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2020

At the present time the gift tax exemption is more than $11 million per person. You could gift your entire share to her all at once and not incur any gift tax as long as that gift plus prior gifts made by you in the past do not exceed $11 million in the aggregate.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Recently, my father granted a 1-acre lot with a house to myself and my two siblings. We learned that my father made a

verbal agreement with our cousin over five-plus years ago to live in the (questionable habitable) house rent-free. We are not interested in being landlords and very concerned about the habitability of the property. We would like assistance with the rights of both parties.

Ben Corcoran
Ben Corcoran answered on Oct 17, 2020

Under your scenario, provided that you are now the owners of the property you have the right to revoke your cousin's ability to live there. There is likely a very minimal landlord-tenant relationship, so I would give at least a 7-day notice and hope that your cousin agrees to moe out otherwise... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My Aunt added her nephew's name to her house deed. She now wishes to remove it. Is this possible without his consent?

My Aunt added her nephew's name to the deed of her house. She now wants to have her nephew's name removed from the deed so that she can sell the house and move into her family's home house. How can she do this without his consent?

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 8, 2020

The short answer is she can't - at least not legally. If he will not consent to being removed she will need to request a partition to sell the house and the nephew will likely get 50% of any profit or she can attempt to buy out his interest or sell her interest to him.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.