Keel Lassiter, PLLC Rocky Mount Attorneys | Criminal, Estate & Business Law 2026-05-21T13:21:45Z https://www.kldslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1204175/2025/01/cropped-KL_SITEICON_512x512_JAN25-32x32.jpg On Behalf of Keel Lassiter, PLLC <![CDATA[A Guide to real estate litigation in North Carolina]]> https://www.kldslawfirm.com/?p=48711 2025-11-20T00:23:52Z 2025-11-19T15:41:14Z Key statutes of limitations Before filing any lawsuit, verify that your claim is still timely under the statute of limitations:
  • Three years: Applies to most claims, including breach of an unsealed contract, fraud or misrepresentation by a seller or agent, and negligence
  • Six years: Covers breach of contract claims brought under a formal, sealed process
  • Ten years: Includes actions for latent defects in improvements to real estate (for example, concealed structural problems)
A lawyer can help you determine which deadline applies to your claim.

Common types of real estate litigation claims

These are some of the most common conflicts in real estate litigation:
  • Breach of contract: This happens if a buyer fails to close or a seller refuses to legally transfer ownership of a property.
  • Unfair trade practices: The North Carolina General Statute applies if a seller or builder intentionally conceals significant defects like major mold issues or structural defects.
These can be awarded compensatory damages or a court order compelling the accused party to complete the sale as previously agreed.

Cloud on title and boundary disputes

These are issues that relate more to specific property status. For instance, a cloud on title is a legal issue or claim that creates uncertainty about a properties ownership. This can potentially affect the owner's ability to sell or transfer the property. Whereas Boundary disputes happen when two adjacent property owners disagree where the line between their properties runs.

A legal strategy is key

Real estate litigation in North Carolina demands a thorough analysis of contracts and other documents. This is why consulting a skilled attorney is critical to evaluate your case and meet all deadlines.]]> On Behalf of Keel Lassiter, PLLC <![CDATA[Decoding the fine print: Contract clauses to review before closing]]> https://www.kldslawfirm.com/?p=48686 2025-05-12T16:27:36Z 2025-05-12T16:27:36Z Financing and inspection contingencies: Protecting your interests Two essential clauses to review are the financing contingency and the inspection contingency. A financing contingency allows buyers to back out of the deal if they cannot secure financing, while an inspection contingency enables them to cancel the deal or negotiate repairs if issues are found during the inspection. These clauses are crucial in protecting the buyer's interests and avoiding costly mistakes.

Title condition: Avoiding unforeseen complications

A title condition ensures the property’s title is clear and free of legal issues before the purchase proceeds. This clause protects buyers from potential legal complications, such as boundary disputes or liens. Confirming a clear title is a quick process that safeguards your investment and ensures you are buying a property without hidden claims to ownership.

Repair or improvement conditions: Customizing the deal

Repair or improvement conditions are less common but can be highly beneficial for buyers. These clauses allow buyers to request specific repairs or improvements before the purchase agreement becomes binding. While sellers may not always accept these conditions, they can provide an opportunity for buyers to negotiate a better deal.

Dispute resolution clauses: Mediation, arbitration and litigation

Dispute resolution clauses are often overlooked in Real Estate but are crucial in determining how conflicts will be resolved. Mediation, arbitration and litigation are three common methods of dispute resolution. Mediation involves a neutral party helping parties reach a consensus, while arbitration involves a neutral third party making a binding decision. Litigation involves a defendant facing off against a plaintiff in court.

Why seeking legal help is advisable

Reviewing contract clauses can be overwhelming, especially for those without legal expertise. Seeking legal help can provide peace of mind and ensure that your interests are protected. In conclusion, carefully reviewing contract clauses is essential in ensuring a smooth and successful property transaction. By understanding the fine print and speaking with a real estate attorney when necessary, you can protect your interests and avoid costly mistakes.]]> On Behalf of Keel Lassiter, PLLC <![CDATA[How can a North Carolina DWI affect your life?]]> https://www.kldslawfirm.com/?p=48685 2025-04-11T20:17:42Z 2025-04-11T20:17:42Z What are the legal consequences of a DWI? If you are convicted of a DWI in North Carolina, you can face severe legal penalties. Depending on how serious the offense is and if you have a previous conviction on your record, you might have to pay large fines, do community service or go to jail. A driver’s license suspension can also make it hard to get around for a year or more depending on your situation.

How can a DWI affect your finances?

A DWI can be very expensive. Fines can add up quickly. The cost of your car insurance could go up by an average of 358 percent after a DWI in North Carolina, and it might stay high for several years. This can cause long-lasting financial strain.

Can a DWI affect your career?

A DWI can also hurt your chances of getting a job. Many employers check criminal records, and having one can make it harder to find work. If your job requires driving, losing your license might mean losing your job or changing careers. Your professional license could also be at risk.

How can a DWI affect your relationships?

A DWI conviction can take a heavy toll on your personal life. Relationships with family and friends might suffer because of the stigma and stress of the conviction. You might have trouble taking part in activities that need driving, limiting your involvement with your community. You might also need to depend on friends or family for rides.

You can limit the impact of a DWI charge

Understanding the legal, financial, and personal impacts can help you make informed choices and find the right support after a DWI arrest. Seeking legal advice from a criminal defense attorney and building a supportive network to help you through the challenges and limit the impact of a drunk driving charge on your future.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[Real estate buyers should make sure to receive their disclosures]]> https://www.kldslawfirm.com/?p=48318 2024-11-13T15:40:28Z 2024-11-13T15:40:28Z are required to receive two disclosure statements. This is a key part of the contract and failing to adhere to this requirement could jeopardize the sale.

What disclosure statements must be provided?

There are two disclosure forms. First, there is the Residential Property and Owners’ Association Statement. Also referred to as RPOADS, this is for residential real estate sales. This is generally provided before there is a purchase agreement. There are options for the seller to respond to questions on the form with “yes,” “no,” or “no representation.” When the seller answers yes or no, they are expected to be truthful. It can lead to legal problems if, for example, they knew of a defect and failed to be upfront about it. Even if the seller does not disclose all the information related to the property when they fill out the RPOADS forms, the broker is expected to give the buyer the facts about the property. A common challenge with buying and selling property is if there are alleged defects such as mold or leaks. The buyer will understandably be displeased if they discover defects after the fact. Knowing the realities beforehand can let them make an informed decision and avoid any legal issues. Sellers who do not disclose defects could find themselves subjected to litigation. The other disclosure form is the Mineral and Oil and Gas Rights Mandatory Disclosure Statement (MOGMDS). This is a one-page form that is provided before there is an offer to purchase the property. This disclosure is relatively new, going into effect at the start of 2015. It is related to mineral rights such as soil, stone, sand and rock. Like RPOADS, the seller can check the same three options. If these minerals, oil and gas rights are on the property and are owned by another entity and not the seller, this must be disclosed. Buyers would be protected if this were the case as some property owners lease or sell the rights to minerals, oil and gas to others. Obviously, a person buying a property would not want to suddenly discover that there will be drilling and other forms of extraction taking place.

Real estate buyers should know the requirements

Given the financial risk people face when they are buying property, they want to make sure their investment is as safe as possible. Part of that is being fully protected by having complete disclosure. The forms that are detailed here are critical to the process. When there are disputes, disagreements or concerns about a real estate purchase, it is useful to be shielded from the outset and to have comprehensive advice. This can help with addressing problems as they arise or avoiding them entirely.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[The due diligence period is key for buying or selling real estate]]> https://www.kldslawfirm.com/?p=48317 2024-08-08T15:22:05Z 2024-08-21T15:17:16Z offer and acceptance entails. One of the most important aspects of offer and acceptance is the due diligence period after a contract has been agreed to. Understanding this process is crucial with a real estate sale.

The due diligence period, inspections and canceling the contract

The due diligence period is essential because during this time, the prospective buyer can terminate the agreement without facing any consequences for it. Generally, people will want to terminate the agreement if they have had inspections performed and there was an issue. Still, they can simply cancel the agreement during this period. After the due diligence period, there are limited reasons for which the contract can be canceled. The Residential Property Disclosure Act requires the seller of the property to provide the purchaser with two separate disclosures, both in writing. They are the Residential Property and Owners' Association Disclosure Statement and the Mineral and Oil and Gas Rights Mandatory Disclosure Statement. A failure to do so gives the purchaser three calendar days to rescind the offer. Lead paint is a concern for older buildings, and sellers must disclose the possibility of lead paint. The purchaser must be given this information and have an opportunity to check if there is lead paint. There will be a 10-day inspection period and the contract can be canceled within that window.

Real estate law and buyer and seller rights can be complicated

Because of the complex nature of purchasing real estate, people can feel overwhelmed. There is a seemingly endless number of issues and paperwork that must be addressed from start to finish. It is a major financial endeavor and people are understandably concerned that they are making the right decision. The due diligence period provides a layer of protection for them to change their minds for any reason. It also gives a time-frame for the seller to know when the contract will go in effect. In addition, the inspection period and disclosures also gives the purchaser certain rights to know about potential problems and to make an informed decision whether to move forward. For this or other aspects of buying or selling real estate ranging from the contract to the closing to any disputes that might arise and more, it is imperative to understand the law and be fully protected from the outset.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[Filing an inventory for an estate]]> https://www.kldslawfirm.com/?p=48315 2024-05-21T20:39:16Z 2024-05-24T20:37:04Z inventory is due within three months of the decedent’s death. Therefore, the inventory is sometimes called the 90-day inventory.

What does an inventory include?

An inventory lists all the decedent’s assets, which include real estate, personal property, bank accounts and any other assets in their possession at the time of their death. The inventory list must include the value for each asset. The value should reflect what the value was at the time of their death, not the date of completing or filing the inventory. You can generally use an inventory form to create this list. However, North Carolina law only requires this form if the estate is worth more than $20,000. There is a simplified process for estates that are less than $20,000. Rather than an inventory form, you may fill out an affidavit for collection of personal property.

What information do I need?

When you must fill out the inventory form, be sure to have certain information about the decedent. Aside from basic information such as their name and the county they resided in, you must have a complete list of their assets ready. Assets include both sole and joint accounts. If there are jointly held investments, you must have the value of only the percentage they owned. Once the form is complete, you must sign it in the presence of a notary before filing it with the court. There are also some other documents you must complete and file, involving notice to the decedent’s creditors and estate taxes. As with inventory filing, these require specific information about the decedent and have their own deadlines. In theory, this process should be simple, although time-consuming. However, you may encounter complications. For example, a beneficiary may disagree with a value on your inventory list or claim you left certain assets out. These are serious accusations because they could claim you are trying to steal funds from the estate. Serving as an executor and trying to take care of all these responsibilities can feel confusing and overwhelming as you grieve the death of a loved one. Having guidance through the process can help you stay on track.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[Four ways to defend yourself against DWI charges]]> https://www.kldslawfirm.com/?p=48313 2024-02-21T16:28:33Z 2024-02-26T16:26:22Z But what criminal defense options are available to you? There’s no one criminal defense strategy in drunk driving cases. The approach you take is dependent upon the evidence the prosecution intends to present against you and the facts of your case. However, here are some defense options that may be available to you:
  • Arguing that your traffic stop was illegal: Many drunk driving arrests are made during a traffic stop after the police identify signs of intoxication. Regardless of the evidence they gather pertaining to intoxication, if the police conducted your traffic stop illegally, then that evidence is illegally seized. In this instance, you can likely block the prosecution from using that evidence against you, which could completely derail the prosecution’s case against you.
  • Pointing out breath test inaccuracies: Although breath test results are hailed as being an accurate assessment of intoxication, they’re anything but. These testing devices are prone to error, and that risk is amplified when the police improperly store, wrongly calibrate, or mistakenly use them. If you can show law enforcement’s errors here, then you can diminish the power of breath test evidence.
  • Highlight field sobriety test errors: Field sobriety tests are used by law enforcement to generate evidence of intoxication and acquire justification for a breath test request or an outright arrest. Yet, these tests are far from accurate. The police often give poor instructions and they misread test results. They also sometimes fail to consider other issues that contribute to your performance on these tests, such as unlevel ground, a dark environment, and your medical conditions. Raising these issues in court might help you effectively push back against the prosecution’s case.
  • Show chain of custody errors: Before evidence can be presented against you, prosecutors must demonstrate that it is what they purport it to be. If they can’t account for the handling of that evidence, or if it becomes clear that evidence was mishandled, then you could successfully move to suppress that it. This can be a strong move, especially if it pertains to a blood sample that was subsequently tested for alcohol content.

Aggressively defend against DWI charges to protect your future

If you improvise your DWI criminal defense, then you put yourself at risk of a bad outcome, including being hit with the penalties associated with a drunk driving conviction. To protect your future, you need to develop the most aggressive criminal defense available. So, now is the time to start gathering evidence, assessing applicable statutory and case law, and turning to the rules of evidence. You might not know where to start in doing that, but that’s OK. You can find help in navigating your case so that you can rest assured that you’re protecting your interests as fully as possible.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[How can you increase asset longevity through your estate plan?]]> https://www.kldslawfirm.com/?p=48311 2023-12-01T20:44:56Z 2023-11-22T20:43:14Z Estate planning tools to maximize asset longevity If making your wealth last is important to you, then you need to consider which estate planning vehicles are best suited to help you attain that goal. Here are some of your options:
  • Spendthrift trust: This trust is utilized by those who are worried about inheritances being quicky spent down. Here, trust assets are paid out incrementally, thereby ensuring that the trust’s wealth isn’t quickly eroded away. Payments made from the trust can provide significant financial support, so you’ll still be taking care of your named beneficiary, just in a more controlled fashion.
  • Discretionary trust: Like a spendthrift trust, assets in a discretionary trust are slowly released over time. The difference is that with a discretionary trust, asset distribution is controlled by the trustee. So, the trustee will decide when assets are released and in what amount. If you decide to use this type of trust, you’ll want to make sure you name a someone you trust to act as trustee.
  • Incentive trust: Another way to control your wealth and ensure a bit of longevity is to tie release of trust assets to a pre-identified event. Through an incentive trust, you can specify that assets will only be released to a named beneficiary when they marry, have a child, graduate from college, hold a full-time job for a set period of time, or even complete some sort of counseling or treatment. You have a lot of flexibility here when it comes to identifying those triggering events.
  • Generation-skipping trust: A sure way to ensure that your wealth lasts long-term is to give it to your grandchildren, completely skipping over your own children. This can also have tax benefits that you might find enticing, but you’ll want to be prepared to discuss with your children why this wealth wasn’t given to them, as it can give the wrong perception and create family conflict in some instances.
There are other steps you can take to protect the longevity of your wealth. For example, you can be more selective about beneficiary designation, ensuring that you’re not leaving assets to someone you know will quickly spend them away. You can also use remainder trusts and charitable trusts, both of which can give you greater control over where assets go and how they will be used over time.

Take control of your estate plan

You have a lot of options when it comes to creating your estate plan. To make the decisions that are best for you, your assets, and your family, you need to inform yourself about what each option entails and which are best suited to help you reach your goals. Fortunately, there are a lot of resources out there that you can turn to for assistance, and guidance can be sought from your attorney. By being diligent, you can confidently create the estate plan that’s right for you.]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[Tips for properly planning for long-term care needs]]> https://www.kldslawfirm.com/?p=48184 2023-08-21T10:16:38Z 2023-08-29T10:15:26Z Your need for long-term care planning One way your estate’s assets can be quickly eaten away is through long-term care costs. Without adequately planning, these expenses can quickly rack up into the tens, perhaps even hundreds of thousands of dollars per year. And the potential that you’ll need long-term care at some point in your life is significant, with some studies showing that 70% of individuals aged 65 and older will need long-term care at one time or another. So, what can you do to protect your well-being and your estate when the need for long-term care arises? Here are some tips that we hope you’ll find useful:
  • Plan early: Given the expenses associated with long-term care, the earlier you can plan the better. Start thinking about what kind of long-term care you’ll want if the need arises and get a grasp on what the costs of that care will look like. This will give you a strong starting point as you embark on the estate planning process.
  • Consider long-term care insurance: One of these policies can give you a significant amount of protection and peace of mind. But before purchasing one of them, you’ll want to understand their limitations. After all, in many instances, the insurance company won’t start paying your care costs until you can demonstrate that you’re unable to complete certain daily activities.
  • Seek Medicaid eligibility: Government programs like Medicaid can help cover a large portion of your long-term care expenses. However, before it’ll do so, you’ll have to meet certain eligibility criteria. This includes those pertaining to asset and income limitations. Even if you’re above the thresholds, though, you might be able to engage in effective estate planning to reduce your assets and thereby render yourself eligible, which could be achieved through exempt property transfers or the creation of an irrevocable trust. The latter will protect your estate’s assets from creditors and start the Medicaid lookback period.
  • Talk to your loved ones about your plan: Bringing your loved ones into your planning can be crucial, as it can reduce confusion and give you peace of mind knowing that everyone understands the role that they’ll play in your long-term care. This may include everything from payment of bills to taking care of your beloved pet.
There’s obviously a lot that goes into the creation of an effective long-term care plan. And given that Medicaid will assess your financial situation in the years leading up to your request for eligibility, you need to start planning now.

Are you ready to take the next step?

If so, then consider researching long-term care more in-depth, as well as gaining an understanding of key estate planning tools that are at your disposal. By doing so, you’ll hopefully be better positioned to build the estate plan that you need to protect your interests. Perhaps then you’ll be able to rest easy knowing that you’ve done what you can to ensure that your needs will be met in the worst-case scenario.  ]]> On Behalf of Lassiter & Sperati, PLLC <![CDATA[How important are disclosures in real estate deals?]]> https://www.kldslawfirm.com/?p=48183 2023-05-04T06:06:05Z 2023-05-30T06:04:53Z The law dictates what disclosures must be given, when they must be made and if the contract can be canceled if they are not done based on the law. Since these are complex issues that people might not fully grasp, it is useful to have professional assistance throughout the buying and selling process.

What are the required disclosures under state law?

The owner must give the buyer a residential property disclosure statement. There are key pieces of information that need to be included. The property will be in a certain condition at the time it is being sold. Its condition will need to be described to the buyer, as far as the owner is aware of it. The owner needs to say that they are making no representations as to the condition or characteristics of the property or any improvements unless it is clearly detailed in the contract. If there is damage, that must be shared. The owner will not make any changes after giving this disclosure. There is a standard disclosure statement that the state’s Real Estate Commission requires. It discusses the basics such as the water supply; how sewage is disposed of; the structure such as the roof, foundation and floors; and the inner workings like the plumbing, electricity, heating, cooling and mechanical systems. It must also state if there are insects and other pests that destroy wood; what the zoning laws, restrictive covenants, building codes and land-use requirements are; and if there is asbestos, lead-based paint or other dangerous substances in or on the property. The disclosure must be given within a specific time-frame. If it is not, then the purchaser has the right to cancel the contract. This must be given to the purchaser when they make an offer on the property. It can be part of the real estate contract, an addendum or separate from it entirely. If it is not delivered within this time-frame, then the contract can be canceled. However, that right to cancel the contract has a time limit. After the purchaser receives the disclosure, they have three calendar days to cancel. There are also three days after the contract was made. To cancel the contract, it must be done according to the legal requirements. That includes giving written notice to the owner or the owner’s sales representative.

Mistakes with disclosures for real estate can be costly and having help is advisable

People who are buying or selling residential real estate might not have a great deal of experience in these matters. The entire process can seem overwhelming with so much paperwork and rules that must be followed that they are unsure of how to do it all based on the law. These factors are crucial as any misstep can be costly financially and personally and even undo the agreement entirely. People could lose out on a property they really want or they might end up buying something that, if they knew about its issues, they otherwise might not have bought. From the start, it is wise to be fully protected. That includes knowing the law, having advice with deciding whether to move forward with the agreement and if there are ways to settle any minor or major disputes. Contacting professionals who are skilled in these specific matters is a first step to a fruitful real estate transaction.  ]]>