4 Replies Latest reply: Sep 6, 2019 4:19 PM by green_mango RSS

    North Carolina contract

    danag106 New Member

      After a bad experience last month, we learned we need a contract and are trying to get one together this week.


       

      Do any of you have a contract for a NC vacation rental? If so, are you familiar with the NC Vacation Rental Act? How has this impacted your contract? Do you need separate contract for vacation versus business guests? Any other helpful tips for a NC contract?


       

      Thanks!

        • Re: North Carolina contract
          feibus Senior Contributor

          Your best bet is to contact a local (to your VR) real estate attorney who can get you a template as a starting point for your agreement.  The template will likely be really long and you'll want to pull stuff out or re-word clauses.  But it'll be something you can successfully defend in court when you need it... instead of relying on a free internet contract.

          • Re: North Carolina contract
            green_mango Active Contributor

            You may have some luck looking at other listings in your area & seeing what they use - personalize it for your needs & then definitely consult with a NC real estate attorney who has experience with short term rentals.  It's worth the $$$.  Over the years I put our contract together and modified as needed and had an attorney look it over, but I finally took the plunge and had an attorney in my state review it & tweak here and there - it was around $1,000.  The following week several local owners wanted a copy of my contract - I'm not trying to be stingy, but I don't tend to share it freely with owners.  Perhaps you can pool resources with other local owners and all get the same basic contract that you can personalize and share the cost of an attorney.

              • Re: North Carolina contract
                sage Senior Contributor

                For a non-lawyer to start a draft based on contracts used by others and then taking it to an attorney may cost more than having an attorney handle it from the start. The contracts used by others may be superb, well-crafted documents. Or they may reflect a complete lack of understanding of local laws or be woefully incomplete.

                 

                Before I retired, if a person came to me with a draft contract that they wanted reviewed I would charge them more than if they had asked me to start from scratch. When starting from scratch I could generally rely heavily on language pulled from previous contracts or known reliable sources, and that would save me time. If I had to go over language not previously known to me, I would need to take the time to look closely at every word and consider what those words meant in the contexts they were used, and how those words would satisfy legal requirements. I would need to go over the language several times to consider whether it was complete, or whether something was missing that I would have included if I had been drafting methodically from the start. If I had overlooked something that later resulted in a problem, but had told the client the contract was good to go, it would have been malpractice on my part and I could have been liable for damages the client suffered.

                 

                Multiple owners sharing the cost of an attorney could be a money saver, but it should be clearly established that each person using the contract that was produced was a client of the attorney. Without that, there would be no attorney-client relationship and no obligation on the part of the attorney to get the contract right for a non-client.