Contract Termination With Cause In North Carolina

State:
Multi-State
Control #:
US-00048DR
Format:
Word; 
Rich Text
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Description

In the context of real property law, a listing agreement governs the terms of the sale of real property by a third party real estate agency or broker. A listing contract may cover issues, among others, such as the price and terms of sale, broker's commission, agency duties of a listing agent, whether or not the property will be listed with the local MLS (multiple listing service), lockbox use, and resolution of disputes.


There are at least ten ways that a listing agreement may be terminated.


" When a real estate broker successfully sells a property for their client the listing agreement is complete.

" Listing agreements are typically inclusive of a definite time frame. When this period of time is reached, the listing agreement is terminated. Automatic extensions are illegal in many states, and are highly discouraged.

" If a broker does nothing to market the property, the owner of the property may end the listing due to the brokers abandonment of the property.

" Sellers can revoke the listing agreement, however there may be damages to the broker for which the seller can be held liable.

" Brokers can renounce the listing agreement, however they may be held for damages to the seller.

" Death, insanity, or bankruptcy of either the broker or the seller will often terminate the listing.

" Destruction of the property terminates the agreement because the agreement cannot be performed.

" The listing agreement can be terminated through a mutual consent between the broker and the seller.

" If the use of the property changes significantly, the listing agreement can be cancelled.

" In the real estate market, transfer of title by operation of law can terminate the listing agreement.

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FAQ

North Carolina allows employers or employees to end jobs at any time without cause or explanation, except for unlawful reasons, as upheld in Kurtzman v. Applied Analytical Industries, Inc., 347 N.C. 329, 331, 493 S.E.2d 420, 423 (1997).

Under California and federal employment law, proving a wrongful termination case is not easy. It requires thorough investigation and evidence to support the employee's claim. Note: The burden of proof is on the employee to prove that the termination was wrongful and that he or she suffered damages as a result.

North Carolina is an at-will employment state. No notice of termination is required absent a contractual obligation. What restrictions apply to the above? North Carolina recognizes that at-will employees may bring a common law claim for wrongful discharge in violation of public policy.

2. Firing Employees in North Carolina. Because North Carolina is an at-will employment state, firing employees is permissible at any time, for any legal reason. Unlike some other states, North Carolina does not have any notice requirements upon separation or termination.

Write a termination of contract notice Regardless of what your grounds are, notice is required to terminate any contract. Typically, this notice will come in the form of a written document that clearly explains your decision to terminate the contract, why you wish to do so, and on what grounds.

Your employer can terminate you at any time for any reason, with or without notice, except for discrimination. They're not required to give you a write up. Just the same way you can quit your job at any time for any reason or no reason at all.

At-Will Employment North Carolina is an at-will-employment state, which means that an employer may end the employment relationship at any time and for any reason as long as it is not an otherwise unlawful reason.

Following are the essential steps involved in writing a proper termination letter: Start with the date. Address the employee. Make a formal statement of termination. Specify the date of termination. Include the reasons for termination. Explain the settlement details. Request them to return the company property.

11 Things You Should Never Say When Firing an Employee “This is really hard for me.” ... “I'm not sure how to say this.” ... “We've decided to let you go.” ... “We've decided to go in a different direction.” ... “We'll work out the details later.” ... “Compared to Susan, your performance is subpar.”

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Contract Termination With Cause In North Carolina