North Carolina Sample Letter for Explanation of Attorneys Fees and Settlement Payment
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How to fill out Sample Letter For Explanation Of Attorneys Fees And Settlement Payment?
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FAQ
Legal/Attorney Fees If you choose to work with an attorney on your home sale, expect to pay anywhere between $600 to $1,000. Sellers aren't required by the state of North Carolina to employ an attorney for home sales. If you're selling your house without a realtor, it may be a good idea to hire a lawyer.
Although there are exceptions, generally the statute of limitation will be three years for construction claims, such as breach of contract, breach of warranty, or construction defects.
In those matters, people often wonder if they can recoup attorneys' fees if they prevail. In general, the answer in North Carolina is no, they won't be able to recover attorneys' fees. Typically, each party pays its own fees, no matter who prevails.
This is because under N.C. Gen. Stat. § 1-47(2) sealed instruments are governed by a ten-year statute of limitations. Thus, since the note in Pedlow was signed under seal, and no payments were made, the court concluded that the statute of limitations would run ten years from the date of the debtor's signature.
A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes (hereinafter G.S.), which allows enforcement of attorney fee provisions in notes, conditional sale contracts, and ?other evidence of indebtedness? under certain ...
(b) In no event shall the aggregate contingency fee exceed fifty million dollars ($50,000,000), exclusive of reasonable costs and expenses, and irrespective of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery.
§ 6-21. Costs allowed either party or apportioned in discretion of court.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...
