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Lee Andrew Peindl

Lee Peindl’s Answers

32 total


  • Deed vs. deed of trust ?

    Lee’s Answer

    I concur with Mr. Harkess and Mr. Love. But your question does raise two issues: how old is this purported "Deed of Trust", and what state is it from? I recently ran across an estate that was probated in the 1950s from Charleston, SC in a title search. One document was referred to as a Deed of Trust. And it did convey personal and real property to an irrevocable trust. I would want to review the purported Deed of Trust you mentioned, and probably any other estate planning/probate documents as well before giving any advice.

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  • Landlord is requesting from me to update electrical wiring to bring it up to code in commercial lease I signed in Nov. 2017 and?

    Lee’s Answer

    Typically in commercial lease situations, upfit and other electrical issues are the landlord's responsibility. However, commercial leases can shift that responsibility to tenants in some instances. While you may not be responsible for paying for the electrical splitting, etc., you would most likely be responsible for cooperating with the landlord's efforts to make that happen. Tenants generally aren't allowed to get in the way of the landlord carrying out its obligations.

    In your case, it sounds like your lease does not make you responsible for paying to update the electricity. However, you will need to contact a lawyer to review the lease just to make sure. And if the landlord does eventually hire a lawyer, you will need to be represented to make sure your lease terms are properly interpreted and honored.

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  • For small claims court in NC do I sue the business which is a PLLC? Or just the individual working at the office?

    Lee’s Answer

    It might be wise for you to get at least some advice from an attorney on this situation. The damages limit in Small Claims Court is $10,000, but it seems like you could possibly be entitled to more given that you are trying to sell a parcel with a house. That may depend on the amount of the lien, too. With respect to the lien itself, mechanics' (construction) liens can be bonded in North Carolina, which removes the lien from your title and allows the sale to go through. You would have to deposit the full amount of the lien (usually be certified check) with the Clerk of Superior Court, accompanied by a document that directs the Clerk to cancel the lien, with the appropriate file number and statutory references. If you bond the lien, that takes care of your first, and most pressing problem so that you can accomplish the goal of selling your real estate.

    The second problem is recovering potential damages from the closing attorney. Unfortunately, these mistakes are easy to make and happen sometimes. You may already know this, but the closing attorney does have insurance. It may help to communicate with the closing attorney to see if you can get them to correct the mistakes after you bond the lien.

    Again, it is best for you to talk to an attorney about this matter and get the guidance you need to accomplish your goals.

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  • Where do I start?...what kind of lawyer?.....very confused and pissed...can't trust anyone around herebut 2.5 to charlotte.NC..

    Lee’s Answer

    This is an exasperating situation, from the sound of it. You (and possibly other residents of the complex) should talk with an out-of-town attorney first to see if you have viable claims and possibly determine what those claims could be worth. There are a lot of issues and details in this situation that need to be fleshed out and analyzed. For example, when were these condos built? When did you find out about the problems? Did the contractor provide any sort of warranty? Those timelines are important to whether or not you can pursue any claims. It sounds like there could be quite a few defendants if the construction problems can't be resolved and a lawsuit were to be filed.

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  • Can we be held liable for this? Is there a form to get us out of the partnership and off the business license?

    Lee’s Answer

    I would worry about third-party liability as well, and that's why you need to consult with counsel. You will need a business lawyer to take a look at any partnership agreement, sale/bulk transfer documents, and purchase agreements (asset or otherwise). Additionally, your names may not just be on local business licenses, so it pays to have an attorney check on that. And if there is a possibility that you could be liable for unpaid taxes, an attorney could assist you in negotiating with the Department of Revenue and her parents for reimbursement.

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  • Would it be worth it to get a lawyer to sue? Or would they take a lot of my hard-earned money?

    Lee’s Answer

    Great answers from Andrea and Paige. You definitely need a construction/contract lawyer to assess your situation. Please bear in mind that the clock is ticking on any lien and bond claims you may have, so it is best to act sooner rather than later. Lien and bond claims have strict deadlines, and if you don't meet those deadlines, you can lose all of you lien and/or bond claim rights. Oftentimes those lien and bond rights can be your only way to recover money from a project, as well. Given the amount of money you're owed, it would be well worth it to get an attorney to help you.

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  • Sales rep changed terms of contract after I signed -- how do I invalidate/cancel the contract?

    Lee’s Answer

    Yes, you should have your bank immediately revoke the automatic draw authorization or open a new account and close the old one. At that point you need to meet with a business attorney to review your equipment lease, emails back and forth, and any other surrounding documents and give you advice based on that review.

    North Carolina has the Uniform Commercial Code, which governs things like equipment leases, sales of goods, negotiable instruments, and personal property financing among other things. That Code contains provisions that most likely deal directly with your situation. We can advise you further on these issues, again after reviewing your documents.

    I can't tell from your description whether or not you signed the final version of your contract. A written contract, to be enforceable must be signed by the party to be charged, in this case you. However, a lot may depend on the terms of what you did sign, so a legal review, and representation in litigation by an attorney is well worth it in your situation.

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  • How do I fight a cease & desist order. A non-compete clause was signed but I never received a paycheck for work I did.

    Lee’s Answer

    The answer to this question really depends on the wording of your non-compete agreement and any other governing employment documents. There is also the question of whether or not your non-compete is even valid in North Carolina. You should sit down with an attorney to discuss this, it will be worth your time and money.

    As a lawyer, what I don't have in front of me is the actual non-compete agreement, and I would need that to advise you. North Carolina's courts tend to frown upon non-compete agreements in an effort to protect the right to work. To be valid and enforceable, a non-compete has to be reasonable in time and location restrictions, among other criteria. Courts are usually unwilling to change the terms of a non-compete unless specific wording and circumstances exist.

    It is important to take that first step of determining the agreement's validity before moving further. If the agreement turns out to be valid and enforceable, then an attorney can advise you in the best ways to comply with the agreement's terms, or give you some alternative advice based on your specific set of facts.

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  • I am in a family ice cream manufacturing business. We have a ice cream recipe. If I leave with it will I get in trouble legally?

    Lee’s Answer

    I'm surprised the company didn't make you sign any sort of document that prevents you from appropriating the recipe and/or some other sort of non-competition language. However, there is a good chance that company will take legal action against you if you take off with the recipe.

    There are some things we would need to know before giving you advice on what to do. First, did you invent the recipe? If so, when did you invent it (while you were working for the company or beforehand)?

    We'll also need to know what the company did to protect its recipe. There are specific statutory requirements in North Carolina for protecting trade secrets, and they are involved and difficult. This is also something an attorney is going to need to know.

    Also, did the company take any other steps to protect the recipe--such as copyright or even a patent (unlikely)? It may have even trademarked the name of the ice cream. The bottom line to all of this is that most of the time, the company owns the recipe, and there is usually some way for the company to come after anyone they feel misappropriated it.

    You're definitely going to need an attorney's advice before moving forward and taking any steps. You need to know what your options are after getting everything out on the table. That, and you'll need to know the risks to anything you may do.

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  • Where and how to begin legal proceedings to collect on a promissory note (non-collateral) in the amount of $150,0000

    Lee’s Answer

    It is best to get an attorney to file a lawsuit on a note in Superior Court, as the others have already said. $105,000 is a good chunk of change and worth pursuing.

    One thing in your description jumped out at me: this is an unsecured note. In light of that fact, you will need an attorney to not only to file a Superior Court lawsuit on your behalf, but also to search your debtor to make sure you can actually collect on the note. It is of the utmost importance to know whether or not this debtor has assets that can satisfy any judgment you may obtain or otherwise will be able to pay you.

    Whether or not your debtor is a company or individual is also something that will need to be examined and analyzed. This can determine the strategy for pursing legal action on the note.

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