Recourse for Checks Written to a Contractor After Closing

[BobStanley]

Jurisdiction

North Carolina

My question involves a consumer law issue in the State of: North Carolina

Hi guys, I purchased a house last year that required some serious repairs. The work was to be done after closing since it would take some time to complete, so the solution was that I had a contractor provide an invoice for the amount of the repairs and my closing attorney issued multiple checks payable to the contractor that I would hold onto until the work has been completed. Fast forward a year and the contractor has not completed the work and has proved unreliable. I still have the some of the checks and need to use someone else to finish the work.

The easiest course of action would be for my closing attorney to issue new checks to a new contractor of my choice, but my attorney was very challenging to deal with, so before I make any requests, I want to understand my rights. Is my attorney required to issue new checks to me and would it be theft to refuse, since that would be taking money that rightfully belongs to me?

Second part of my situation - the unreliable contractor had completed some work and one of the checks he deposited has left me with a $1,400 credit with him - meaning the check was for $1,400 more than the work he provided. At the time it wasn't a big deal and I just expected him to continue working and wash out the credit. He is now unresponsive and I have documentation that the work wasn't completed. How can I get my $1,400 credit back?

Thank you in advance for your guidance!

 

[army judge]

My question involves a consumer law issue in the State of: North Carolina

Hi guys, I purchased a house last year that required some serious repairs. The work was to be done after closing since it would take some time to complete, so the solution was that I had a contractor provide an invoice for the amount of the repairs and my closing attorney issued multiple checks payable to the contractor that I would hold onto until the work has been completed. Fast forward a year and the contractor has not completed the work and has proved unreliable. I still have the some of the checks and need to use someone else to finish the work.

The easiest course of action would be for my closing attorney to issue new checks to a new contractor of my choice, but my attorney was very challenging to deal with, so before I make any requests, I want to understand my rights. Is my attorney required to issue new checks to me and would it be theft to refuse, since that would be taking money that rightfully belongs to me?

Second part of my situation - the unreliable contractor had completed some work and one of the checks he deposited has left me with a $1,400 credit with him - meaning the check was for $1,400 more than the work he provided. At the time it wasn't a big deal and I just expected him to continue working and wash out the credit. He is now unresponsive and I have documentation that the work wasn't completed. How can I get my $1,400 credit back?

Thank you in advance for your guidance!

Again, I wouldn't rely upon any answer derived from sources unknown to me by those who know nothing about the totality of my problem to be of useful legal significance and value to me.

Complex legal issues require licensed, legal help of an attorney in your jurisdiction.

 

[BobStanley]

Again, I wouldn't rely upon any answer derived from sources unknown to me by those who know nothing about the totality of my problem to be of useful legal significance and value to me.

Complex legal issues require licensed, legal help of an attorney in your jurisdiction.

Hey army judge, thanks for your replies! You're exactly right about my easement situation, it is quite complex, but I think this question about the checks is straightforward. I'll simplify/abridge my question to hopefully make it more clear what I'm asking:

I bought a house and out of closing, my closing attorney held onto some of the seller's proceeds because of repairs agreed to post-closing. I was given checks addressed to a contractor who has since then proven unresponsive/unreliable. As a result, I'd like to get new checks issued to a different contractor or to myself so I can move forward with repairs. Is my closing attorney legally required to re-issue those checks?