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February 2018 Archives

What is "course of performance"?

Typically, when you enter into a contract with another party in Raleigh, the obligations of both sides are clearly spelled out. However, even in instances of ambiguity, if you fulfill your terms of the contract as you perceive them to be (and your partner raises no objections), then you may justly believe that you are holding up your end of the bargain. So what if your partner later comes to you and claims that (at least according to its interpretation) you never fulfilled your side of the agreement? Can they then go after you for breach of contract

Landlord sues tenant to pay for repairs to rental unit

Most in Raleigh may view the agreement made between a landlord and a tenant to be a simple one: The landlord provides the tenant with suitable living conditions, and then tenant pays to utilize them. A failure by either side to fulfill its obligations could leave the other with just cause to seek compensation. When issues regarding the state of a rental property arise, typically it is the responsibility of the landlord to address those. On the flip side, he or she is usually only afforded recourse when tenants fail to make their rent payments. 

Understanding conditional zoning

Completing large-scale construction projects in Raleigh can be quite a complex task. Having the resources needed is only half the battle; those managing and leading such projects must also ensure that their work is in compliance with local ordinances. Many developers often find themselves at odds with officials over zoning regulations. A location perceived to be ideal can quickly become anything but if the proposed use of the land does not match the type of properties it was zoned for. 

I don't own much. Do I need a will?

If you don't think you need a will, or just haven't gotten around to getting one, you are in good company. Up to two-thirds of Americans, including many here in North Carolina, don't have one. Right now, you may be thinking that if that many people don't have a will, what's the big deal?

When can a seller keep your earnest money?

Your earnest money represents your financial commitment to closing on the property that you intend to buy in Raleigh. Like most, you likely assume that if the sale falls through, you are entitled to have that money returned to you. Yet what if the seller attempts to keep it? Are there situations where he or she is legally entitled to do so? 

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