Judica County Podcast #2: Real Estate Residential Closings- The Buyer

Judica County Podcast #202: Real Estate Residential Closings- The Buyer

Judica County, a podcast about North Carolina law that is sponsored by the law firm of McCullers, Whitaker & Hamer, PLLC, is back with a new episode.  Attorneys Damion McCullers, Ashley Pinner, Joe Hamer and Josh Whitaker have a round-table discussion on what a Buyer in a North Carolina residential real estate closing needs to know.

Our panel talks about surveys, title insurance, timing and logistics, as well as the transfer of keys.

Our panel has closed over 15,000 residential real estate transactions since 2004, and they put the experience to work for you in this podcast.  This podcast is a great resource for a first time homebuyer, or an out-of-state buyer who is not accustomed to the closing process in North Carolina.

Judica County takes a break from its regularly scheduled legal programming to talk North Carolina State basketball, specifically, the late Jimmy Valvano.

NC State basketball legends Chris Corchiani and Ernie Myers join hosts Josh Whitaker and Jim Wilson to discuss the late, great Jim Valvano’s legacy as a coach, recruiter and man.

Chris and Ernie recount stories of being recruited by Coach V, playing under him, as well as their relationship with the legend after their time at NC State ended.

Ernie shares the advice Coach V gave him the first time he had to guard the Michael Jordan.  Chris shares a story about how he and Rodney Monroe came to blows on the practice court.  Unitards, junk defenses, and the “book” are all topics of discussion on this week’s episode of Judica County.

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MWH has relocated its Raleigh office. Our home at 1213 Ridge Road served us well for several years. However, the firm continued to grow and needed more room for new staff, new attorneys and new equipment. The Raleigh office is located at 309 W. Millbrook Road, Raleigh, NC 27609 – just a few minutes from North Hills.

MWH maintains offices in Raleigh, Garner, Clayton, Goldsboro . . . and very soon our new office at 542 N. Main Street, Fuquay-Varina will open. MWH is proud to serve Wake, Johnston and Wayne counties.

A large number of restaurants, bars, bowling alleys, and other food and entertainment establishments in North Carolina serve alcohol to their customers. (Of course, once they have shown ID to prove their age.) 

However, most of these establishments may not know that it is against North Carolina law to serve alcohol to a customer who is intoxicated. It’s called the Dram Shop law. N.C.G.S. § 18B-305(a) states plainly that: “It shall be unlawful for a permittee or his employee or for an ABC store employee to knowingly sell or give alcoholic beverages to any person who is intoxicated.”

A key part of the statue is the “knowingly” requirement but beware North Carolina Court of Appeals has ruled that liability can be imposed where the sale was made negligently. 

In a recent case, Trang v. L J Wings, Inc., a Wild Wing Café that had served more than a dozen drinks to a customer was sued when the customer was later involved in a car accident. The jury found that restaurant was not negligent and the verdict was upheld when challenged at the Court of Appeals. The challenge came from a denied request for jury instruction, that would have had the jury consider whether the restaurant had policies and procedures in place for intoxicated customers, and whether those policies and procedures were followed. 

The Court of Appeals stated that the instruction would have put and unequal stress on a particular piece of evidence, which goes against the Rules of Civil Procedure which require judges to give equal stress to each party’s arguments when instructing the jury. 

While the restaurant may have been cleared of liability in this case, there are many other instances where restaurants were held liable for serving intoxicated customers who later injured a third party in car accident. 

Ensure you have policies in place to prevent your establishment from being liable. 

Still have questions, give us a call at (919) 772-7000. 

Divorce is often described as stressful, draining process. However, this does not always have to the be the case. 

In fact, divorce can be a civil, easy process. In North Carolina, you can file for absolute divorce if you have been living in North Carolina for six months prior to filing with the court, and after you have been living separate and apart for one year. For this year clock to start, just one of the parties must separate with the intent to end the marriage. Both parties do not have to agree to separate. 

Be careful, you and your spouse may not have reconciled during this year period. If you attempt to resume the marriage relationship, the year period will restart once you have separated again. 

Absolute divorce is often done when there are no issues of child support, child custody, alimony, or property that the court needs to decide. These matters can often be handle in a separation agreement during the year wait before filing.  

The process for absolute divorce generally takes just over a month of time. 

However be careful, you do not want to waive your rights to alimony or equitable distribution if these are still issues. We can ensure you aren’t waiving rights you are entitled to. 

Want to start the process? Give us a call at 919-772-7000. We can help make divorce an easy process. 

Unfortunately, affairs occur in many marriages across the country. It can be painful and stressful when divorce is pursued due to infidelity. You should speak to our attorneys for advice custom to your situation. However, this post seeks to explain the basics of how marital affairs can affect an alimony claim. 

If your spouse has been involved in an affair prior to your date of separation the court will order that alimony be paid. However, if you have participated in an affair before the date of separation there is A COMPLETE BAR to claiming alimony. Where both parties have been involved in an affair prior to separation, the judge has discretion on where either party is entitled to alimony. 

Additionally, the court will not consider marital affairs if you knew about the affair and forgave your spouse. 

If you still have questions or have questions about your particular case give us a call at (919)- 772- 7000. 

Your child is getting divorced, or your child is involved in a custody dispute or your grandchild has been adopted by relatives. All of these situations can make you worried about how this will effect your time with your lovely grandchildren. 

North Carolina has enacted special statutes for grandparents to file visitation or custody with the court. These are found in N.C.G.S. § 50-13.2(b1), § 50-13.2A, and § 50-13.5(j). 

However, as a grandparent you do not always have the right to file for visitation or custody. If there is an “intact family” a grandparent cannot file for visitation or custody. Examples include, a single parent residing with her children when custody is not an issue or a parent residing with her child and non-parent husband. 

Yet, when the parents are involved in a custody dispute the grandparents has a right to intervene. The custody action should be currently pending. It cannot be a custody action that has already been resolved with a court order. 

If you have any more questions give us a call at (919)- 772- 7000.  

In this throwback episode, originally recorded in October 2015, Attorney Josh Whitaker sits down with special co-host Jim Wilson and NC State basketball legends Chris Corchiani and Ernie Myers to discuss the late, great Jim Valvano’s legacy as a coach, recruiter and man.

Chris and Ernie recount stories of being recruited by Coach V, playing under him, as well as their relationship with the legend after their time at NC State ended.

Ernie shares the advice Coach V gave him the first time he had to guard the Michael Jordan and Chris shares a story about how he and Rodney Monroe came to blows on the practice court. Unitards, junk defenses, and the “book” are all topics of discussion on this throwback episode of Judica County.

Join us for this episode of Judica County where we’ll tell you everything a seller should know before they close a real estate transaction with us!

Join us for this episode of Judica County where we’ll tell you everything a seller should know before they close a real estate transaction with us!

Judica County Podcast #202: Real Estate Residential Closings- The Buyer

Judica County, a podcast about North Carolina law that is sponsored by the law firm of McCullers, Whitaker & Hamer, PLLC, is back with a new episode.  Attorneys Damion McCullers, Ashley Pinner, Joe Hamer and Josh Whitaker have a round-table discussion on what a Buyer in a North Carolina residential real estate closing needs to know.

Our panel talks about surveys, title insurance, timing and logistics, as well as the transfer of keys.

Our panel has closed over 15,000 residential real estate transactions since 2004, and they put the experience to work for you in this podcast.  This podcast is a great resource for a first time homebuyer, or an out-of-state buyer who is not accustomed to the closing process in North Carolina.

MWH has relocated its Raleigh office. Our home at 1213 Ridge Road served us well for several years. However, the firm continued to grow and needed more room for new staff, new attorneys and new equipment. The Raleigh office is located at 309 W. Millbrook Road, Raleigh, NC 27609 – just a few minutes from North Hills.

MWH maintains offices in Raleigh, Garner, Clayton, Goldsboro . . . and very soon our new office at 542 N. Main Street, Fuquay-Varina will open. MWH is proud to serve Wake, Johnston and Wayne counties.

A large number of restaurants, bars, bowling alleys, and other food and entertainment establishments in North Carolina serve alcohol to their customers. (Of course, once they have shown ID to prove their age.)

However, most of these establishments may not know that it is against North Carolina law to serve alcohol to a customer who is intoxicated. It’s called the Dram Shop law. N.C.G.S. § 18B-305(a) states plainly that: “It shall be unlawful for a permittee or his employee or for an ABC store employee to knowingly sell or give alcoholic beverages to any person who is intoxicated.”

A key part of the statue is the “knowingly” requirement but beware North Carolina Court of Appeals has ruled that liability can be imposed where the sale was made negligently.

In a recent case, Trang v. L J Wings, Inc., a Wild Wing Café that had served more than a dozen drinks to a customer was sued when the customer was later involved in a car accident. The jury found that restaurant was not negligent and the verdict was upheld when challenged at the Court of Appeals. The challenge came from a denied request for jury instruction, that would have had the jury consider whether the restaurant had policies and procedures in place for intoxicated customers, and whether those policies and procedures were followed.

The Court of Appeals stated that the instruction would have put and unequal stress on a particular piece of evidence, which goes against the Rules of Civil Procedure which require judges to give equal stress to each party’s arguments when instructing the jury.

While the restaurant may have been cleared of liability in this case, there are many other instances where restaurants were held liable for serving intoxicated customers who later injured a third party in car accident.

Ensure you have policies in place to prevent your establishment from being liable.

Still have questions, give us a call at (919) 772-7000.

Unfortunately, affairs occur in many marriages across the country. It can be painful and stressful when divorce is pursued due to infidelity. You should speak to our attorneys for advice custom to your situation. However, this post seeks to explain the basics of how marital affairs can affect an alimony claim.

If your spouse has been involved in an affair prior to your date of separation the court will order that alimony be paid. However, if you have participated in an affair before the date of separation there is A COMPLETE BAR to claiming alimony. Where both parties have been involved in an affair prior to separation, the judge has discretion on where either party is entitled to alimony.

Additionally, the court will not consider marital affairs if you knew about the affair and forgave your spouse.

If you still have questions or have questions about your particular case give us a call at (919)- 772- 7000.

Your child is getting divorced, or your child is involved in a custody dispute or your grandchild has been adopted by relatives. All of these situations can make you worried about how this will effect your time with your lovely grandchildren.

North Carolina has enacted special statutes for grandparents to file visitation or custody with the court. These are found in N.C.G.S. § 50-13.2(b1), § 50-13.2A, and § 50-13.5(j).

However, as a grandparent you do not always have the right to file for visitation or custody. If there is an “intact family” a grandparent cannot file for visitation or custody. Examples include, a single parent residing with her children when custody is not an issue or a parent residing with her child and non-parent husband.

Yet, when the parents are involved in a custody dispute the grandparents has a right to intervene. The custody action should be currently pending. It cannot be a custody action that has already been resolved with a court order.

If you have any more questions give us a call at (919)-772-7000.

Divorce is often described as stressful, draining process. However, this does not always have to the be the case.

In fact, divorce can be a civil, easy process. In North Carolina, you can file for absolute divorce if you have been living in North Carolina for six months prior to filing with the court, and after you have been living separate and apart for one year. For this year clock to start, just one of the parties must separate with the intent to end the marriage. Both parties do not have to agree to separate.

Be careful, you and your spouse may not have reconciled during this year period. If you attempt to resume the marriage relationship, the year period will restart once you have separated again.

Absolute divorce is often done when there are no issues of child support, child custody, alimony, or property that the court needs to decide. These matters can often be handle in a separation agreement during the year wait before filing.

The process for absolute divorce generally takes just over a month of time.

However be careful, you do not want to waive your rights to alimony or equitable distribution if these are still issues. We can ensure you aren’t waiving rights you are entitled to.

Want to start the process? Give us a call at 919-772-7000. We can help make divorce an easy process.

Whether you’re purchasing your first home or planning for your next investment property, we know that real estate transactions can be confusing. Between completing the paperwork, finalizing the lending package, and working towards a smooth closing, there’s undeniably a lot to juggle. That’s why it can be helpful to have a real estate attorney on your side to guide you through each stage of the process. 

Here at MWH, our skilled team has worked with numerous clients to close tens of thousands of real estate transactions in the state of North Carolina. In this post, we’re using our expertise to answer the questions that we hear the most about the real estate closing process.

In this post:

1. What do real estate closing attorneys do, and why should I use one? 
2. Is North Carolina an attorney closing state?
3. After closing, how quickly will I be on record?
4. When will I get the keys to my new property?

What do real estate closing attorneys do, and why should I use one? 

An attorney plays several key roles during any real estate closing. First, in the lead-up to the sale, your attorney will perform in-depth title searches to track the history of the property and confirm that the seller has the right to transfer ownership to you. During this time, your attorney will also dig into property records to make sure that there aren’t any liens or title issues that may become problematic later on. 

Once the right to sell has been established, your attorney will work with your lender to finalize transaction financials and the plan for distributing funds. This can involve some back and forth, but your attorney will eventually receive the final lending package. They’ll walk you through each document to make sure that you understand every part of the agreement and any related requirements. 

After the closing has taken place, your attorney will perform the important final step of filing all documents with the county to ensure that the sale has been recorded. From start to finish, we like to say that a typical real estate closing takes around 30 days.

So why use a closing attorney? Even if everything goes according to plan, you’ll need an attorney to oversee the parts of the closing process that we mentioned above. Closings require coordination between the lender, realtor, surveyor, buyer, seller, and other parties, and your attorney will serve as a trustworthy liaison and advocate as each of these groups works towards the closing together.  

And if there are complications? Your attorney will be able to offer advice and guidance if your transaction is derailed by a contract termination, an uncancelled deed of trust, or anything else that might get in the way of a successful closing. 

Is North Carolina an attorney closing state?

Another great reason to use a closing attorney: it’s required by law. In the state of North Carolina, a licensed attorney must be involved in real estate closings. For more information about the nuances of attorney involvement, check out our podcast on what buyers should know about residential real estate closings. 

After closing, how quickly will I be on record?

After your transaction closes, your attorney must send deeds and other documents to your county so that the sale becomes final (and part of the public record). Clients often ask how long this process takes, and the answer depends on a number of factors. 

Are you working with a financial lender?

Some lenders have funding requirements that state that the funds can’t be used until certain documents are sent and approved. After your attorney prepares and sends those documents, there’s nothing that they can do to rush the approval process. This could mean that the transaction may not be on record right away. 

Are you closing near a federal holiday?

County offices often have limited hours on and/or before national holidays. Thus, a closing that takes place close to one of these dates may not be recorded until business hours allow. 

Has your closing been smooth and efficient so far?

With careful preparation and great timing, your transaction could be on record the same day as the closing. However, we always recommend that clients schedule movers for a day or two after the closing, just in case there are unexpected delays.

When will I get the keys to my new property?

Arguably, the most exciting moment of a real estate purchase is receiving the keys and knowing that the property is yours. It’s a major milestone for many, so our clients are usually curious about when the keys will be in their hands. 

If the keys have been left with the attorney, the attorney can’t release them unless the seller has left clear and specific permission to do so. If the seller hasn’t done this, the attorney is only free to release the keys once the transaction has been finalized and recorded with the register of deeds.

Sometimes keys are left with the real estate agent. If this is the case, the key exchange is facilitated by the agents instead of the attorney’s office. Your attorney won’t be able to do anything to get the keys to you faster. 

More Questions about Real Estate Closings?

We get it – real estate transactions have a lot of moving parts. We’ve only just scratched the surface. If you’re interested in learning more about other types of real estate transactions (like selling as a business entity, buying as an LLC, or purchasing property in the name of a trust), make sure to check out the full library of Judica County podcasts on our website. 

And if you have additional questions, concerns, or legal needs for your next real estate deal, please give us a call at (919) 772-7000.

Divorce is hard. It can be emotional, contentious, painful, or maybe even bittersweet. But one thing it shouldn’t be – confusing.

At McCullers, Whitaker, and Hamer, PLLC, our Family Law team guides many families through the difficult processes of separation and divorce. We work hard to treat each client with compassion while making sure that every legal decision is fully understood and carefully considered. In this post, we’ll clarify what separation means in North Carolina and address several common questions about the separation period that precedes divorce.

Defining Separation

While separation may seem straightforward at first glance, the reality is that many people find themselves with questions about what does and doesn’t constitute separation in practice. Does it have to be mutual? Put into writing? Do I need an attorney? Should I move out? The list goes on. 

At a basic level, separation means that one party has left the relationship with the intention to end the marriage. Usually this is demonstrated by moving out into a separate residence with a sense of finality. There’s no need for any paperwork, legal action, or even mutual agreement – particularly in cases of abuse or toxicity. To put it simply, the date of separation occurs when one party moves out of the marital home for good.

In North Carolina, married couples are required to be separate and apart for one continuous year before filing for divorce. That’s why it’s so important to understand what separation means in the eyes of the law. If you and your partner decide to give your marital relationship another try (i.e. more than just a fling or one-night stand) the year will restart. According to North Carolina law, this is known as the “resumption of marital relations.”

When to Involve an Attorney

We’ve already established that you don’t need an attorney for the initial separation. It can be helpful, though, to hire one shortly thereafter. 

For most people, our advice is to hire an attorney while you’re still able to be civil with your partner. This will make it easier to negotiate, communicate, and finalize an official separation agreement that you’re both happy with. 

We know that this isn’t always possible, however. If you’re not getting along – or if your separation was caused by abuse, manipulation, withholding money, etc. – we recommend that you contact an attorney as soon as you separate. Legal intervention sometimes injects a much needed dose of courtesy and respect into an otherwise challenging situation.  

Do’s and Don’ts of Separation

While there are no set rules for the year of separation, you’ll want to think through your actions carefully and avoid doing things that might make you look bad in front of a judge or the court. 

We’ll tackle the “do’s” first.

1. New bank account. Since you’re separated, it can be a good idea to set up a new bank account that’s independent from the joint accounts that you may have shared with your spouse. Additionally, you may want to update your direct deposit information so that any future paychecks are deposited into the new account. Why? You’re no longer a married “unit,” so your finances should begin to reflect the change. 
2. Communicate and document. If you’re planning to split up or sell possessions on your own, try to document consent whenever a decision is made. This is as easy as an email exchange that shows your partner agreeing that you can sell the television/sofa/car/etc.

The “don’ts” are a little more lengthy. 

1. Don’t destroy property. No matter how frustrated or angry you become, don’t express your emotions by destroying or stealing your partner’s possessions. This isn’t a good idea in the best of times, and it certainly looks worse when you’re navigating a separation or divorce. Try to be as civil and respectful as you can – it will make the process easier for everyone.
2. Don’t withdraw money from joint accounts. Unless you have the explicit consent of your partner, don’t remove money from joint accounts. You can leave your existing bills on autopay, but all other expenses should ideally come from your new, separate bank account. Joint assets will be divided later in the process, so you’ll want to leave the money in place until the formal distribution occurs. 
3. Don’t undercut the other party if joint possessions are sold. Some of our clients prefer to divide and sell joint property before getting an attorney involved. It’s a personal preference, and it can be a good option for couples who can negotiate and collaborate civilly. However, it goes without saying that any proceeds should be split equitably between both parties. Do not, under any circumstances, try to undercut your partner or divide the funds in your favor.    
4. Don’t start a new relationship until you’re separated. Many divorces are sparked by extramarital affairs or relationships. Our advice: avoid claims of marital misconduct by waiting to see someone new until you have moved out and established a date of separation. 

What About My Kids?

As hard as divorce is on adults, it can be even more difficult for the younger members of the family – children. So naturally, our clients are often curious about what happens to the children as parents work through separation. 

The answer depends on the state of the relationship (i.e. can you get along), but we typically find that parents are able to work together to develop an informal schedule for day-to-day care. For example, you and your partner may decide to alternate weeks with the children until a more formal arrangement is put into place. 

Attorneys usually enter the equation to tackle the big stuff – things like child support obligations, holiday protocols, and expectations surrounding travel plans. Negotiating these types of issues with an attorney is helpful because an official (legal) agreement removes the uncertainty from what would otherwise be a casual understanding. With a formal agreement in place, would-be disagreements are easily settled by reviewing the terms that both parties already agreed to.  

Conclusion

The legal decisions related to separation and divorce have a major impact on your life, your family, and your future. For these important reasons, it’s essential to approach both topics with knowledge, thoughtfulness, and the guidance of a compassionate legal advocate. If you’re in need of advice, reach out to our Family Law team by calling 919-772-7000 or connecting with us through our website.

The stress and suffering of an injury is so often compounded by sky high medical bills, lost wages, and permanent changes that lead to a decreased quality of life. The worst part: when the injury wasn’t even your fault to begin with.

At McCullers, Whitaker & Hamer, PLLC, our Personal Injury & Wrongful Death team passionately represents clients throughout the Triangle who are dealing with an injury caused by someone else’s negligence. In this post, we’re drawing from our experience in the space to answer a few common questions about what happens during a personal injury claim and what a personal injury attorney can do for you.

In this post:

1. What qualifies as a personal injury?
2. Is it worth getting a personal injury lawyer?
3. What happens in a settlement, and what happens if I don’t accept?
4. How does a personal injury lawsuit work?

What qualifies as a personal injury?

Before diving into the meat of the topic, let’s begin by clarifying what a personal injury is and is not.

At a basic level, a personal injury occurs when you’re injured in an accident caused by someone else’s negligence. This means that the other person had a duty to keep you safe, but either ignored their responsibility or simply failed. Examples include car accidents, slip and fall accidents, and other cases where you should have been safe but were not.

If you were also at fault for the accident – say you were speeding, or that you climbed a structure that was visibly broken – your claim may be barred based on North Carolina’s contributory negligence rule. Contributory negligence means that you’re not entitled to any damages if you failed to do your part and look out for your own safety.

Is it worth getting a personal injury lawyer?

The short answer: absolutely. Personal injury can be frustrating and overwhelming – especially if you’re not accustomed to dealing with insurance claims and other parts of the process on your own. By using a personal injury attorney, you gain a dynamic advocate who can easily navigate the back-and-forth while fighting for your fair share of compensation.

Do I have to accept an insurance settlement?

If you choose to settle outside of court, your attorney will begin by putting together a statement, settlement offer, and explanation of the requested amount. This can include facts about the case like costs and medical bills that justify the offer.

After negotiating with the other side to reach a fair sum, your attorney will finalize a written settlement agreement that spells out exactly what you’ll receive.

If a settlement agreement can’t be reached, the case will go to court. For most people, a lawsuit is a less desirable outcome because it requires even more coordination, a longer timeline, and increased costs.

How does a personal injury lawsuit work?

If your case does go to court, here’s what you can expect:

• Claim. First, the personal injury claim will be filed with the court. This will get the process started.
• Response. After the claim has been filed, the other side will be notified of the complaint. They’ll hire their own attorney and, if applicable, let their insurance company know about the lawsuit.
• Discovery. In the leadup to the trial, the case will enter the discovery phase. During this period, each side will dig deeper into the accident to uncover additional information, facts, and relevant documents.
• Trial. Your personal injury case will culminate in a trial. The trial may last one or more days depending on the amount of evidence presented and the number of witnesses and experts who are called to testify.
• Ruling. Finally, the judge will consider all of the arguments and decide who is at fault for the accident and, if necessary, the amount of damages that that losing party must pay to the victim.

Additional questions about personal injury?

There’s a lot more to personal injury law than we’ve discussed today, so feel free to reach out to us to request a consultation or to discuss questions that are specific to your situation and needs.

And if you’re interested in learning about our other areas of expertise, make sure to check out our Judica County Podcast and blog.