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N. Carolina land buys by some nations barred in House bill
RALEIGH, N.C. (AP) — Foreign governments like China and Russia would be barred from purchasing agricultural land in North Carolina or tracts near the state’s military installations in legislation that received unanimous state House approval on Wednesday. The bill, which now heads to the Senate, is among similar measures being debated nationwide after a suspected […]
Real estate law: Get your vacation rental agreements in shape for the summer
Warm weather, sandy beaches, sunsets … so many visions of idyllic summer vacations were seemingly washed away in the COVID-19 wave of 2020. However, with distancing, quarantine, and other similar restrictions now being loosened in several states, the thought of going on vacation again has most likely become top of mind for many. As ready […]
Blasting company can be sued for scaring off land buyer
A land investment company can move forward with a lawsuit against an Orange County mining company that may have exaggerated the dangerous effects that its blasting would have on a proposed subdivision nearby, the North Carolina Court of Appeals has ruled in a case of first impression. The ruling reverses a trial court’s dismissal […]
Contract – Real Estate Agent – Full Commission – Post-Termination Closings
Even though the parties had discussed two different positions for the plaintiff-real estate agent, their testimony – that plaintiff wanted to be paid her full 1.25 percent commission “regardless of her status” with the defendant-company – was sufficient to support the trial court’s finding that plaintiff was entitled to a 1.25 percent commission on contracts […]
Delaware corp can petition for partition of real estate in NC
A dissolved Delaware corporation did not need a certificate of authority to transact business in North Carolina in order to petition for a partition of its real estate here, the state’s Supreme Court has ruled. The court reversed a 2017 holding by the Court of Appeals by adopting the reasoning of Judge Chris Dillon’s dissenting […]
A online real estate scam: Wire transfers targeted
A pervasive scam that can victimize lawyers, homeowners and real estate professionals is showing no signs of letting up in southeast states. State bars and legal insurance officials are urging lawyers in Virginia, North Carolina and South Carolina to take extra precautions to make sure that payments for real estate transactions are wired to the […]
Fraud claim defeats release agreement
Wriggling out of a release agreement often requires MacGyver-esque legal skills. But businessman James Shaw has managed the feat by alleging that his former partner kept him in the dark about a six-figure payday. Shaw and Raymond Gee were equal members and co-managers of Gvest Capital LLC, a real estate investment company in Charlotte. When […]
Real Property – No RLUIPA Claim for Variance Denial
Andon LLC v. City of Newport News, Va. (Lawyers Weekly No. 001-030-16, 14 pp.) (Keenan, J.) No. 14-2358, Feb. 9, 2016; USDC at Newport News, Va. (Doumar, J.) 4th Cir. Holding: A worship group that leased a commercial property to use for a church, contingent on the owner obtaining a variance from a setback requirement, […]
Real Property – Mortgages – Banks & Banking – Contract – Guarantors – Anti-Deficiency Statute
High Point Bank & Trust Co. v. Highmark Properties, LLC (Lawyers Weekly No. 15-06-0915, 13 pp.) (Barbara Jackson, J.) (Sam Ervin IV, J., not participating) Appealed from Guilford County Superior Court (Ronald Spivey & Stuart Albright, JJ.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Anti-deficiency statute G.S. § 45-21.36 simply […]
Housing, retail development announced for BB&T Ballpark area
WINSTON-SALEM (AP) — An Atlanta-based development group has announced plans to build in an area near BB&T Ballpark in Winston-Salem with a hotel, almost 600 luxury apartments and 300,000 square feet of retail space. The Winston-Salem Journal (http://bit.ly/1AJUodn ) reports Brand Properties Real Estate Investment Group announced Thursday it would create Brookstown District at BB&T [&hell[...]
Email hackers do convincing impression of real estate sellers in latest scam
A real estate scam that has apparently been making its way through email inboxes across the country for some time now has begun targeting lawyers in North Carolina, according to the North Carolina State Bar. Peter Bolac, trust account compliance counsel for the bar, said the bar first learned of the scam about three weeks […]
Adapt or die: Real estate lawyers deal with change
Real estate law has undergone more changes than just about any other area of legal practice since the recession hit five years ago, requiring lawyers in this field to adapt quickly to new regulations and ways of doing business. Charlotte lawyer Kenneth R. Benton of Baucom, Claytor, Benton, Morgan & Wood has been in the real estate game for nearly four decades, but said the last few years have brou[...]
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Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
