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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

James L. Arrasmith
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answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
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1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

Anthony M. Avery
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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house

If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?

T. Augustus Claus
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answered on Feb 1, 2024

In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
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Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Is it illegal for my neighbor to use my mailing address to recieve mail from the tax administration?

I was recently sent mail from my county's tax administration in North Carolina which had the names from my neighbor's that lived across the street. I never gave them permission to use my mailing address.

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is generally illegal for someone to use another person's mailing address to receive mail from the tax administration or other entities without their consent. A few key points on this issue:

- Federal law prohibits falsely representing one's identity or address in matters...
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1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account,

Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account, she passed at the end of 2020. they were informed. They wait until 2023 to go back and remove the exemption causing taxes to double.

James L. Arrasmith
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answered on Jan 22, 2024

In North Carolina, county tax offices have the authority to reassess property tax exemptions and make adjustments, even retroactively, if they determine that the conditions for the exemption no longer apply. In the case you described, where a senior citizen's exemption was in place and the... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Municipal Law for North Carolina on
Q: If I buy a house on 6 acres can I add other properties on the land and rent them out?

I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?

T. Augustus Claus
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answered on Jan 12, 2024

The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More

1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: Adding investment property to living trust

I am from CA and am investing in rental property in North Carolina. We have a living trust established few years back and to which our existing home was added. I was told to add any future property (in CA or out of state) to the trust. As I purchase this new property, is it better to assign the... View More

Anthony M. Avery
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answered on Jan 3, 2024

It is doubtful that the lender will take a deed of trust and note with only the trustee's name and signature. They will want the trustee to sign individually. And this is at closing. If transferred to the trust later, it might violate a due on sales clause, but will definitely still... View More

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for North Carolina on
Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?

Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia

James L. Arrasmith
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answered on Dec 12, 2023

In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I just purchased a 2nd home, and the HOA is refusing to provide a mailbox (community mailbox) due to the fact it is not

our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 5, 2023

Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Specific steps for addressing ineffective HOA company and incompetent HOA board.
T. Augustus Claus
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answered on Sep 18, 2023

Addressing ineffective HOA management companies and incompetent HOA boards in North Carolina involves a systematic approach. Begin by thoroughly reviewing the HOA's governing documents to understand the roles and responsibilities of the board and management company. Attend meetings to voice... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: My husband sold our house without me knowing in nc. sold in August, I live here. I'm on the deed. What can I do legally

He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.

Anthony M. Avery
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answered on Sep 6, 2023

If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have a property in catawba NC i sold it to a couple and they did not finish paying. can i do the foreclosure on my own
Anthony M. Avery
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answered on Aug 29, 2023

Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Real estate deed transfer in SC.Deed is titled to 3 owners. One wants to transfer their share. Do all 3 have to sign
Anthony M. Avery
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answered on Aug 25, 2023

If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: My ex husband and I own a house in NC together. I divorced him and he stayed in the house. Now he's going to stop paying

He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?

T. Augustus Claus
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answered on Aug 21, 2023

In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More

1 Answer | Asked in Real Estate Law and Civil Rights for North Carolina on
Q: In North Carolina, are community members allowed to view documents concerning actions/decisions of HOA committees?

HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?

T. Augustus Claus
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answered on Aug 11, 2023

In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The city demolished my home. Do I need to continue to make payments on it?

I am reaching out to you in hopes that you can help me. I just found out that my house in NC got demolished. No one notified me. I found out about it due to HomeGo sending me something in the mail stating I could sell my house in as little as seven days. They included a picture of the property and... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 18, 2023

First, you need to contact your insurance carrier, they will likely cover the costs for an attorney and pay off your mortgage. You also need to contact an attorney in the area near where the house was and get them to find out exactly what happened. You may have a substantial claim against whoever... View More

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