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Derek Paul Adler

Derek Adler’s Answers

30 total

  • My brother died while incarcerated in Rowan County Jail due to incorrect medical care for his diabetic condition. Can I sue?

    My brother Timothy Lamont Barber was incarcerated and serving a 5 month sentence at rowan county jail for a Probation Violation. He is diabetic but also insulin resistant. He has never taken insulin before but the jail facility apparently took...

    Derek’s Answer

    First off, let me tell you how sorry I am to hear about this event. You should know that a jail is required to provide the same level of care to its inmates as they would receive outside of jail - this means access to emergency care, regular doctor visits, etc. I'd suggest that you contact an attorney to discuss the finer points of this unfortunate event.

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  • Can I sue an insurance company for allowing my signature by someone else

    the insurance was canceled and had to be renewed and the insurance company allowed someone other then me to sign my name to renew. Without my permission or knowledge

    Derek’s Answer

    If you have an insurance loss and they are not providing coverage, you may have a case.

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  • What can be done when a seller of a home did not do the repairs he said he would do?

    Bought a small home in N. C. According to Home inspector repairs needed to be done and seller agreed to do them. I moved from out of State. After being in the house for 3 months I'm finding out some important things were not repaired. What can...

    Derek’s Answer

    If the repairs were promised in writing and are substantial, you should contact an attorney in your area. Most often, once the deed is conveyed, the obligation of the seller is complete. However, if the promises were made to you via fraud or with deceptive intent, then you may still have a claim against the seller outside of the actual purchase contract.

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  • Can summary ejectment be dismissed for lack of timely service by sheriff?

    Case filed on 1/22/15 and as of 1/29/15 3pm I have not been contacted or served by the sheriff. Case scheduled for 2/2/15 at 9 am. Only received letter from their attorney in regular mail.

    Derek’s Answer

    Are you sure the sheriff did not post the notice of eviction on your front door? Usually, that's how they effectuate service. If they posted on the property, then you can still be evicted. I would show up.

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  • Is it against the law to ask the tenant not to install satellite dishes in a lease agreement?

    Is it against the law to ask the tenant not to install satellite dishes in a lease agreement as installation of dish requires drills and holes to be made to the property?

    Derek’s Answer

    Nothing wrong with this. However, if your already have a tenant and a preexisting lease agreement, you'll need to have him/her sign an amendment/addendum to the Lease that says satellite dishes are not allowed. You'll also need to pay consideration, which can be anything, such as one dollar.

    In other words, modifications and amendments to contracts require you to give something of value in exchange for the other party agreeing. I

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  • When is a contractor liable?

    We built a new house and the contract signed was very misleading. He promised some trees to sperate property line but wasn't in the contract as well as the back splash in kitchen. He told us dont worry he will take care of it. Also, he refused to ...

    Derek’s Answer

    Promises outside of the contract generally are not enforceable. There are a host of exceptions, but generally most contracts contain an integration clause that states something like: "this is the complete contract, and no oral promises outside of the four corners of this contract are enforceable." That said, the contractor has an obligation to construct the property in a workmanlike manner, which includes punch list and warranty items.

    Because this is new construction, they have an obligation to deal fairly with you as well. If their actions are deemed deceptive or unfair, they could potentially be liable for triple damages under North Carolina's Unfair and Deceptive Trade Practice statute. It's a difficult burden to prove, but may be useful as leverage to have punch list items fixed, etc.

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  • What is the law in North Carolina as to how much notice you must give in order to vacate a rental apartment once your lease is

    I had a 5 month lease that ends July 31 and just found out I need to move. Their policy is you must give 60 days notice. Is that legal?

    Derek’s Answer

    If you have a written agreement that says 60 days notice is required, then that controls. Otherwise, if this is a month to month lease, then you are only required to give a week notice in North Carolina.

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  • Seller no longer wants to lease to own because of late payments. Been buying since 2011. Now wants me to pay rent.

    Been doing repairs since I moved in but it still needs expensive repairs, she would never give me a contract. I demanded one and now she don't want to sell.

    Derek’s Answer

    Contracts to buy land must be in writing. If you don't have anything in writing, you will not be able to compel seller to sell to you. However, you should contact a litigation attorney because you may be entitled to the cost of repairs/additions under the claims for betterment and/or unjust enrichment.

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  • Do I need to file discovery/interrogatories with the clerk of court as well as defendant or only

    The defendant in Pitt County NC.. I cant find any information related to the mandatory filing of discovery with the clerk of court. I have already hand delivered all responses and requests to the Defendant and do not want to miss the 5 Day deadli...

    Derek’s Answer

    You don't need to file them. They only need to be served on the opposing party and you must include a certificate of service indicating how and when they were served. Also, if the opposing party seeks an extension of time via court order, the motion and order would have to be filed, but not the discovery.

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  • I own a piece of property that is land locked. Adjacent owner will not sell land for easement Want to sell property.

    What do I do?

    Derek’s Answer

    Depending on how the landlocked parcel was created, you have an array of options. Sometimes, easements can be corrected as a matter of law based on passage of time. These are prescriptive easements. Other times, the courts will create an easement by necessity (which you may have to purchase). You need an experienced litigator to research this issue and potentially file a declaratory judgment action if the matter cannot be negotiated with the neighboring owner.

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