How do I evict a tenant? Sometimes you need to evict someone. It’s not a great position to be in, but it happens. First and foremost, it is almost always better to work things out with your tenant ahead of time. Additionally, a few dollars spent doing a credit and background check ahead of time […]
What Does Law++ Do With Contracts?
What Does Law++ Do With Contracts? As part of an effort to help our community understand what we’re about, we’re answering this question. I spend more time on contracts than non-contract related activities in the firm. That’s probably because contracts encompass so many other areas of law. Mergers and Acquisitions, real estate, employment, and of […]
Residential leases are the cornerstone of landlord tenant relationships. Whether you’re renting your one bedroom home or have a residential empire, you need a lease. The Laws Firstly the North Carolina Residential Rental Agreements Act, Chapter 41, Article 5, governs residential leases. Secondly, property and contract laws generally apply. Thirdly, you must also consider consumer […]
Introduction to Asset Protection
What is Asset Protection? It is the process of legally safeguarding your assets from future creditors. Put more generally, you’re protecting your future from risks you haven’t encountered yet. Asset Protection Rules You can’t do much to protect from a creditor you already know of. Hiding your assets is never the solution. Nothing is guaranteed […]
Sample Severability Clause
A Severability Clause is part of the boilerplate provisions you find in many contracts. It essentially asks the court interpreting the contract to ignore just the unenforceable portions of the contract. Absent this provision, a court may choose to throw out the entire contract if there are any issues. Simple Severability Clause If any provision […]
Unenforceable Provisions in a Contract
Contracts often have unenforceable provisions in them. Therefore, not every provision is binding. In our previous blog, we talked about what makes a contract. In this blog, we discuss these exclusions. Court Interpretation When we say something is excluded from a contract, we mean a court has reviewed the contract language and decided that […]
Sample Merger Clause
A Merger Clause (AKA “integration” or “entire agreement” clause) is a boilerplate portions of many contracts. They define the scope of the interpretation of a contract. Therefore, they can be incredibly useful clauses for protecting yourself! Merger Clause Benefits The length of your document becomes the downside of these clauses. The more words, the more […]
The Anonymous Startup
Creating an anonymous startup is no easy task. For one thing, the Secretary of State requires a registered agent and an organizer to be listed. If they’re not you (which since it is public information, it probably isn’t), who will it be? Can you trust that person not to share who you are? When you […]
What is a Choice of Law Clause?
What is a Choice of Law Clause? Every now and then, this question comes up. Choice of law clauses are pretty common boilerplate clauses in contracts. These allow the contracting parties to specify which state’s laws are used if there’s a dispute. Choice of Law Example For example, if both parties are in North Carolina, […]
Sample Choice of Law Clause
Choice of Law clauses are often very important clauses in contracts. However, they’re not always that critical. Sometimes, especially in real estate or in-person consumer contracts, the law that is to be applied is chosen for you. For example, the purchase of a piece of real estate generally must be governed by the laws of […]
What do I do in Case of Employee Theft?
Employee theft is a hard situation to be in for many reasons. First and foremost, you’ve lost whatever the employee stole, and that sucks. This article explores what you can legally do to help recover from that employee. Employee Theft Under North Carolina law, Employee Theft is actually called “Larceny by servants and other employees” […]
What can I do if I believe my attorney has over billed me?
Attorneys are not permitted to charge for work they did not do, nor charge you “excessive fees.” If you believe your lawyer charged for work that was not done, this is a clearer violation than just excessive fees. The difference lies in proving the work wasn’t done versus proving the attorney was not worth the […]