Real Estate
Mechanics Lien
North Carolina
What is the cost of putting a lien on a property for failure to pay sub contractor?
I have performed work for a contractor and the contractor is refusing to pay.
Answers from 1 Lawyer
Answer
Real Estate
North Carolina
Holly T.
ContractsCounsel verified
June 10, 2022
The rights to this are ascertainable, but fact specific. It depends who the contract was with among other things like how long it's been since the last furnishing of labor and materials. Please review this document to get started. https://foxrothschild.gjassets.com/content/uploads/2018/12/Mechanics-Liens-in-Practice-Subcontractor-Rights-NC-w-016-4869.pdf
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Lien
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The timelines for a creditor to file perfect and demand lien satisfaction are specific and you will need an attorney to take care of this, assuming it is still an option.
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Deed of Trust
North Carolina
I am looking for a Warranty Deed for the sale of property in St. Croix, USVI. All forms I locate are specific to one of the US 50 states.
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Jane C.
You will need to consult with a real estate attorney in USVI.
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Purchase and Sale Agreement
North Carolina
Deposit in a purchase and sale agreement?
I am in the process of purchasing a property and have recently been presented with a Purchase and Sale Agreement. I am unclear on the deposit requirements for this agreement, and would like to know what is typically expected in this situation. I am also interested in understanding what happens to the deposit if the deal does not go through.
N'kia N.
A Purchase and Sale Agreement for real property will often require two types of "deposits." The first is a due diligence fee; the second is an earnest money deposit. A due diligence fee is paid to reserve time for the buyer to conduct due diligence - an opportunity to evaluate whether or how to move forward with the deal. The seller earns this fee immediately by agreeing not to sell the property to another buyer, potentially one offering a higher price, during the due diligence period. Therefore, a due diligence fee is nonrefundable unless the parties specifically agree that it will be and under what circumstances. An earnest money deposit is more akin to deposits in other types of deals, in that it may or may not be refundable. This type of deposit is refundable if the deal is terminated before the due diligence period ends but nonrefundable if the due diligence period ends before the deal is terminated.
Read 1 attorney answer>Real Estate
Purchase and Sale Agreement
North Carolina
Title issues in a purchase and sale agreement?
I am in the process of buying a piece of property, and I am currently in the middle of negotiating the purchase and sale agreement. I am concerned about potential title issues that may arise due to the history of the property, as I am not sure if the seller has clear title to the property. I would like to know what I should look out for in the agreement to ensure that I am protected from any potential title issues.
N'kia N.
A typical purchase and sale agreement for real property (commonly called an "Offer to Purchase and Contract" in North Carolina) includes due diligence. Due diligence is the buyer's opportunity to investigate the property. During the due diligence period, the buyer will usually have the property inspected. However, the buyer may also conduct a title search on the property. Additionally, a purchase and sale agreement might specify that the deal is contingent upon the seller being able to deliver clear title to the property. Anyone who is considering entering into a purchase and sale agreement for real property should also consider at least having an attorney review the agreement. It probably would not hurt to have attorney representation throughout the transaction.
Read 1 attorney answer>Real Estate
Purchase and Sale Agreement
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Earnest money in a purchase and sale agreement?
I am in the process of buying a house and have been presented with a purchase and sale agreement. I am confused about the earnest money portion of the agreement and would like to understand what it means and how it will affect the transaction. I am particularly interested in knowing what happens to the earnest money if either party decides to back out of the agreement.
Merry K.
Good morning. I am a WA State attorney, and I have reviewed numerous purchase and sale agreements (PSA), and have bought and sold numerous pieces of property in WA and CO. You are wise to ask this question. Since you are the buyer, normally your buyer's real estate agent would prepare the PSA for you to use, after discussing with you. Since you said a PSA "was presented to you" I"m wondering whether you are buying a new home from a building contractor. In any event, the purpose to an earnest money payment is to hold the home for you and let the seller know you are interested. In most cases, however, the seller can keep your whole earnest money payment if you back out of a purchase for reasons that are not protected in the PSA. For example, if you write your offer contingent on your subjective approval of an inspection report, or write your offer contingent on obtaining financing at terms you approve of, either one of these terms can get you out of the contract and also have your earnest money returned to you. There should be language in the PSA that clearly states what happens to the earnest money and how much earnest money you are providing. I hope that that is helpful. If you continue to have questions, I urge you to have an attorney review any and all documents, including those for loans, prior to signing anything.
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