This broadcaster has 49 podcast archives available on-demand.
Keep up-to-date with this broadcaster on social media and their website.
June 3, 2022 5:00 pm
If you are facing your own legal issue and have questions
call Whitaker & Hamer 800-659-1186. Leave your contact information and briefly what the call is about and an attorney with Whitaker & Hamer will be in touch.
Legal, Law, Lawsuit, Attorney, Lawyer, Trial, Court,
See omnystudio.com/listener for privacy information.
This week on the outlaw blogger Josh and Joe remote in to discuss the law and how it affects everything around us. And as always Josh Joe taco burning legal questions such as why would a homeowners association have a problem with the doggy snacks and will North Carolina legalize marijuana. Does Josh want anyone teaching his second-grader sentence.
That's all coming up on the outlaw and welcoming the outlaw lawyer Josh Whitaker and Joe Hamer, your host will humor law firm where you can find a managing partners there practicing attorneys here in North Carolina office is conveniently located in Raleigh, Garner Clayton, Goldsboro, Fuquay Marina and Gastonia are Morgan Patrick consumer advocate and we talk legalese each and every week we get in the hot topics and sometimes get off topic but it's always an interesting discussion between Josh and Joe if you got a legal situation that you're facing, and you have questions, there's a way to get in touch with Whitaker and Hamer call this number 800-659-1186. That's 800-659-1186 leave your contact information booth with the calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show email@example.com a great website. The outlaw your.com. Gentlemen away we go.
What's up first. Will Morgan it's it's good to talk to you. It's always good to even more remote in and were not were not sitting face-to-face is always good to talk to you but as you might remember from our previous shows. I can't just go right into talking about the log data to talk about other things. First, get the juices flowing. Yes like stretching before you go for a run to stretch a little, I get my coffee and me I got I got a limber up into the first. The biggest the biggest thing that happened this past week, but Joe did you survive that that game seven hurricanes game seven versus the Rangers you were there. Oh yeah I was there.
Thank you Josh for reminding me because I'm not forgot I forgot I was present for that and man an exciting game wire-to-wire a lot of excitement was not a thing to stick out now was terrible is one of the as a is a Duke fan at Duke true Duke fan meeting.
I'm also a Duke football fan who had season tickets for several years. You not set through some pretty depressing sporting events in person and I would put this up there. I really put this up there as one of the more depressing times I've had watching the sport. It just was really no hope. From the beginning. Basically yet, like two minutes of hope and then it just gets it got taken away and you just see it come in man like the hits Common folks getting injured. No bad breaks and really tough man really tough, really tough time. You know I was. I was at the lake this weekend and I couldn't get back in time to to go and I felt really bad after the leg is game six in the Rangers hate to say this but I mean it really seem like maybe the better team. You know baby hurricanes displayed bad but was is tough to watch you being watching it from the couch seller Mrs. state again.
I think I know what citizenship you from this you've conditioned yourself right. We don't expect nice things we don't expect to win's residency state fan you know I want times. I'll talk myself out of going to games because I want to be able to change the station that I want that freedom to not have to suffer through it yet stare directly at the train wreck. I get we flip the way I think we caught up as we doing what's one of the OB ones that came out was we watched the second episode of that and came back to it was a good thing actually went thing is actually in my bed asleep before the game ended, which is good.
You just offer up a critique for Obi wan I I'm I'm gonna reserve judgment and no spoilers please. I'm not seen it yet.
I've heard a lot of good things about it. It's a settling work is deftly worth watching. I'm not a purist I'm not a Star Wars purist by any means, but I have not I have not decided if I like it or not it's it's out anyway and seemed episode three at right of the show when his careful jumping. I think I don't think business picks up Josh for you… Three when the come out Friday. No winded come out the first two was at last I get my Fridays this Friday. Episode three. Today they put you out of the time and then the third and I've heard rumblings things out. I think it's out and I think, is this picks up what you started station with the crappy hurricanes game, but that what I do realize either. I realize you hurricanes had so many people when your deals.
I didn't realize it and follow him a lot last year. Yeah, that's the tragedy of the man because like let you know. Prior to this year and I was starting to attend the games regularly. I didn't really care. You know, I didn't really care wasn't invested in me not, I cared insofar as like you want your home seems to do well like obvious that it just like hurricanes, but I didn't really care.
Even early on, like we go to the games they lose. And like walking out and people would be so sad and people would be so happy and I was just like I can understand people being this invested like it make any sense to me. I got even then I was not invested at all, and then gradually started getting invested man. I got super invested in.
So almost wish I could go back to that blissful ignorance man that know that and just not being invested at all and it not carry but unfortunately I think those I think that's gone and I think I'm a like a lifetime.
I'm just invested in hockey now somehow. What interested to see what they do. You know or are owner and her general manager up there do seem to do good work, but yet it lose a lot. It will lose and there's a lot of guys who could leave and I'm sure will lose some of them will be interesting. I don't know that I was from the sun, watch another hockey game, another out. Usually if I want to like you know ACC tournament or something state loses I'm done I'm out. I go do something else for state even played right as you was checked out early and then you I got up I got was couple days ago were the baseball team. Yes, speaking of insisting the baseball team did make the incivility tournament got left out that I was another thing that was a real you know that don't pay a ton of attention to that. You know baseball obviously but seems like that was a real injustice. From what I don't know who was on his own thoughts when I was reading people.
The twitter meltdown for state baseball fans about not getting in and a member who tweeted this. I love to give him credit, but I don't remember their handler anything, but somebody tweeted the NC state in the NCAA need to get a couples counseling before, and I left about for a long time not to make light of domestic violence by any means, but the NCAA NC State situation has been pretty rocky for a long time. Yeah, for a long time man and the it's it's little head scratching. It's a little it's a little bit head scratching. This was a real head scratcher. You know you not following baseball closely from book. But from everything I gather you it was really no discussion about state even being like on the bubbler being in danger of not being included, like I think everyone assumed that they were firmly in good and then like you just it doesn't doesn't happen.
You listen to the reasoning behind the head of the committee and make a ton of sense to me honestly and that's as a neutral party party will Joe I got.
We do have a couple you know, we managed to fit in a couple of legal topics today, but there's a lot of local legal news. There were some there were some other stuff that I stay local. When I when I come in, put our topics together but there's a story from last week that we didn't get the reach in our shows up with that back on the on the docket today, but there's a case where the local HOA a local neighborhood is as soon a man who set up a doggy snack station in the neighborhood and then and services it in the HOA once it taken down that I figured I read the local news outlets covering it. And there's a lot of legal leaves behind that story suffered. We talk about HOA's and what they can and can't do. So we got that on the slate today and then I saw the North Carolina legalized hemp permanently on a solid to you know I did. I saw it in your notes that you sent. I saw it in your note that AB legalized him as it was.
There was a temporary measure so they had going. You know there's been a big experiment were folks of been able to grow hemp for CD products in an agricultural purposes and that was not permanent so there was a bill before the NC Senate and they made that permit but they also talked about medicinal marijuana that hasn't been passed yet, but there's a bill moving along to the process. We spent some time talking about that NC Senate as well. There's a big story about again. We talked about how when you name these bills when the media talks about these these bills are before Congress before the North Carolina legislature naming them as a big part of winning the media or perspective on them rights of Florida had the don't say gay bill that we talk about. John has a what I've seen and called parents right bill, but it's got some similar provisions and I figured we talk about that is generally today because some listener questions to so we have a couple good listener questions. One of them I get a lot after we talk about that as well. But what to talk about the outlier Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer law firm offices in Raleigh Garner Clayton Goldsboro Fuquay Farina and Gastonia and they are pricing attorneys here in North Carolina we get into all the different topics. If you've got questions about maybe a legal situation that you are facing a phone number for you 800-659-1186. That's 800-659-1186 just leave your contact information briefly what that calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show and will use them on future programs and will course used to know a different name and to be anonymous but you get an answer to your question that way. firstname.lastname@example.org you can always visit the websites great one. The outlier.com back right after this, the managing airliner. They got offices in Raleigh Garner Clayton Goldsboro Fuquay Farina and Gastonia and we are here to talk legally hi Morgan Patrick consumer advocate if you've got an issue that you're facing, and you need some advice you need to get some questions answered the phone number is 800-659-1186. That's 800-659-1186. Just leave your contact information. Briefly, what the calls about an attorney with Whitaker and Hamer will return that call. You can also email your questions to the program email@example.com Josh where we going next morning. The first story I wanted to tackle today and got up in an attorney perspective on was when I saw, make the rounds on local media last week, but there is a court case so we had a court case here. North Carolina awake County actually where homeowners association is suing a homeowner for I guess the word would be an unauthorized doggy snack station so this homeowner on a what he would argue on this property as part of the argument will get saved but he corrected a little stationary as in doggy treats.
He keeps a water bowl there nothing there must be a camera because he can see people coming back and forth but he put this on this property for five years ago.
I've HOA is taken an issue with it for probably a lot of reasons and sued him. I guess there's been some back-and-forth HOA's usually don't see right away as gelato letters and threaten to find you daily until it's remedied and and so nothing's happened, so he reorders a lawsuit. Wake County courts and so a lot of people reporting on it. A lot of people think the way they report on the kind of felt a lot times if you Joe if you if you see this a lot of it's just me reading into things, but no, I times, depending on what outlet you're watching or reading. You know that the media outlet has a previous disposition to one party or the other only talk about this, stuff, sigh, following everybody was feeling sorry for the guys that this doggy snack station. He was was getting sued but it got got a lot of attention this thing yet you do you do a lot more reading and watching of the news that I do.
I'm more of a simpleton. Josh and I like my mindless my mindless social media as opposed to actual news and happenings, but yeah I see what you're saying when I do when I do keep up with it.
I agree you usually do see some some kind of taking aside and lot of folks it's it's hard to be on the team on the side that doesn't want sweet cute fluffy dogs to have delicious treats HOA called the B team HOA yet whose team HOA man like there are definitely people think you know we do a lot of our of real property law here and we we deal with HOA's frequently and it's just something that you know being heavily involved in HOA I know we we don't take stances on wheat we don't take positions here but I'm comfortable saying that's not for me being being heavily involved in HOA I was not built for it and it's not that's not my thing yet have rules we live in a society of laws, Joseph. You have to have rules disagree with that.
I'm not saying like that they have no function of my thing to have no purpose that they absolutely do. I'm just saying that I am like I'm not the guy that's gonna be on the Board of Directors. I'm knocking to be the president HOA knocking to be the guy like I'm trying to think of what my neighbor would do and I'm lucky enough to live around family. Thank goodness and a lot of people probably wouldn't think that's a great thing, but like we we all get along, but like if I'm in a neighborhood like a traditional neighborhood and I got folks I don't know on both sides of me that aren't related to me like I'm trying to think of what they would have to do that would rise to the level of me being like lime but I'm reporting them to my HOA it would have to be drastic as many think of your talking about how you don't. Maybe I read the news more than you, but it many think of this a couple weeks back in my phone a couple weeks back off and went haywire. Not order new one side or today's letter five which is crazy.
I had backup phones. Usually I can switch but they weren't working so I just did not have a phone for like a day and 1/2. It was terrible but it reminds me that that day Joe I met you out for lunch and I didn't have my final merit to call you from the office and say look, I'm leaving now to go to this place to meet you for lunch.
I'll be there on a few members to our member that I thought about that moment. That's a guy with their asset know you are running late you on a conference call. I knew you might be late when the McNeil both ears with me at 12 and is like 1215 hrs. and hours. I will guide tell them exactly right be easy already in here to start running through the scenario. Yeah, I was like now. She just texted me like I do, is to be laid out like back in the day like the same college I had a flip phone right away and have fancy cell phone's bagman that always bring in like the newspaper the news and Observer like the Wall Street Journal and bring something with me. When you went 8C has some to do what you're waiting for your food and I didn't have any that I just sat there and read the menu like a crazy person for like 15 minutes because there was nothing else to do. Will I wondered if you would come to eat lunch with me or not united it was. It was crazy to think there was a time when you didn't have. You could just text somebody you know I take as well.
Anxiety at that once was the best house and asked what you did you just read that you read the menu to just you just look at the reading of looking at people, you know there was a glancing around at people.
This was in this particular situation there. There was a bar that a TV inside leave my seat so I can build one rotten man.
Yeah, that's that's an interesting thought, you know how it got there off of the agent of the doggy treat conversation, but how it is an interesting thought is it. Is it really Joseph, I just I just put that out. But this HOA issue that just the people know the legal issue here. There's a couple legal issues, but you know when you buy your lot in a subdivision has in HOA having a lot of people worn the impression had owned this quarter of an acre. It's all mine and that is not always the case. You have sewer easements, rights of the back 10 feet of your lot. There may be a sewer easement for drainage our drainage easement and and you're not supposed to put permanent structures and there are certain things you could do their disguise property. It sounds like you and I don't have the complaint friendly, but it sounds like at least HOA's argument is this is not read this this snack station was erected on his property is its erected on a piece of property is actually a city of Raleigh right-of-way HOA is taken the opinion that is their job, according to their covenants.
Covenants are the documents that are recorded when it when a subdivision get started. Just let everybody know what the restrictions are what the with the big big you how big your house can be small can it be chickens, all that kind of stuff.
This addressed in the covenants and then they get recorded on it.
Registered deeds in nursing part of the covenant is there is there supposed to keep the city Raleigh right away, clear, and there's not supposed to be anything happening there and if by some liability issues to is responsible someone gets hurt on something that's not on this guys property, some truth HOA that's kinda what they have in mind and are some legal issues there some liability they're worried about but they definitely got I think in local media got pegged as the bad guys when Scott reported yeah this is looking at the way this whole thing is gone and looking at both sides, arguments, and it's a fairly maybe not interesting to everyone, but interesting to us.
I think as attorneys with with arguments of of each side really are and you know you got the it's it's kind of unique because it's not necessarily that the it doesn't appear that the neighborhoods even saying that this individual. Just cannot have the pets taxation at all. They're just basically saying they wanted to be on his property. They don't want to be on this what they consider to be community. Note HOA community own property so you know, a lot of times when you see this type of thing you see you see HOA outright say you can't do this.
This is an activity that can't take place upon any portion of any property with the proper you won't but but is a little bit of a different situation here in nature, HOA's are a lot like anything else you know there's some built-in power and authority there and if the wrong person gets in there. You know it's always it can go south on icing that's the case here. We represent a lot. We represent a lot HOA's here at the firm and we represent a lot of people with valid complaints against their HOA and and if the sides can agree you end up litigating looking for injunctions things like that so it's as part of the process and and yet when something like this gets litigators a lot of money involved rights of someone you know I imagine attorneys aren't working for free on this, so that's what I always think when I see something like this and how much this is costing everybody because there's always, we have people we consult with people all the time and some people you know we we get that concert was almost prove a point you guys want to make sure they know they were wrong or when I'm right here in how much is that worth to you right. How much is being right word to you, so we had that conversation topics with folks but anyway I thought it was interesting almost that the subject matter or things interesting to see a lot but also the way it's being covered.
So this one just got started. Those will be interesting to see how it pans out of the next couple weeks.
HOA doggy snack station controversy Bedford Falls in North Raleigh will see how it goes. It will probably be making another appearance on the outlaw law is Josh Whitaker and Joe Hamer are your holes. They are the managing partners at Whitaker and Hamer law firm there also practicing attorneys here in North Carolina.
They have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. And if you've got a legal situation they are facing and you just you want answers, I got a phone number for you to get in touch with Whitaker and Hamer 800-659-1186. That's 800-659-1186 leave your contact information. Briefly, what the calls about an attorney with Whitaker and Hamer will reach out to you can also send your questions to the program that's firstname.lastname@example.org again email@example.com will answer those on a future program and check out the website, the outlaw lawyer.com were back right after this, Clayton, Goldsboro, Fuquay Marina and Gastonia.
I Morgan Patrick consumer advocate sometimes referee between Josh and Joe always an interesting conversation we discussed legalese. If you've got an issue you're facing. And you've got a question you need an answer why got a phone number 4800 659-1186.
That's 800-659-1186 leave your contact info.
Briefly, what the calls about an attorney with an answer to your question will be calling you shortly. Again, you can also email your questions to the program questions at the outlaw will I you are.com all right now really go in which direction Josh Morgan. There were two pieces of legislation that came before the North Carolina Senate in the past week or so and nothing but the more worthy of conversation. The first one that that jump to my attention was in North Carolina. We have officially legalized right so agricultural use of hemp has been legalized there was test. That North Carolina Senate had approved a while ago we were at the end of that thing like five years or something, but were coming to the end of that. They went ahead legalized him. Agricultural CBD uses a course this doesn't legalize marijuana use of marijuana in any way. It's still illegal in North Carolina as it is on the federal level, but hemp is is is legal and I guess that's a step in the right direction. We think Joseph yeah man, it's a step in the right direction. You know him. I don't know that a lot of people realize maybe a lot of people do realize, but the sheer volume of benefits and uses for him is like mind blowing and look at it.
It would really, I think it would really blow your mind. Especially if you're not well versed on the subject, just that the sheer number of applications and things that him can be used for no things that can replace it. It's really crazy and you know you look at it and I think we we probably have a more and again we try not to to really give a lot of insight into her own personal beliefs, which probably gather from just our general discussion about the topic of marijuana. In general, we probably have a more relaxed view that some do as to how that should be treated whether it should be legalized in some fashion but it's it's very difficult to look at hemp and look at what it can do in applications and things like that and make an argument why it shouldn't just be legal. No, I was to cover a libertarian type stance on something that's criminal that when you decide to make something criminal. Why rightness.
That's the thing that stuck on a libertarian take on any anything you're making a legal why is that illegal wire we get to spend resources and up people's life at risk to enforce laws to make this a legal why is this so dangerous that it needs to be illegal, and I'm standing answer especially for just hemp is that 100% should be illegal, that you can find any justification that hemp is an agricultural crop should have ever been illegal and we inherit some of these things right.
We inherit the way things were in the 1910s and 1930s, 1950s and takes us a while to clean up but but I think any time someone is telling you something needs to be illegal.
Your first question should be why should that be why should that be a legal question. So here.
Obviously I think everybody on the same page but it was funny.
Nancy wasn't funny but in see legislation when this came up.
There's a Senate bill that would make some some level of medicinal marijuana legal in North Carolina and so looks like that hasn't been looked at in a while, but it looks like that's going to come up this week again and could could reach the Senate floor. By this very week, and again to be heavily limited and heavily regulated, but it's again a step in the right direction because at some point I think you have to ask yourself, you know, wise wise marijuana legal, especially now with so many states having approved it. What's what's the point when you try to prevent was the government same and keeping people from owning or using marijuana as a united why draw the line there.
Yeah, and exactly and that's that's it's that's a whole other issue. I agree with you completely. I think you know most folks who have done the research and looked into it, would agree with you completely. There is no it makes perfect sense. But, you know, even if you did make an argument that there should still be an outright prohibition of marijuana itself medicinally or recreationally. How do you extend that argument to him that's that's really where it just I just don't see how you do it and you know it. The reason why you hemp was what happened was illegal. At one point in density. Note again. Still still isn't in some ways is because it's tied to to marijuana, but that you know it's a different it's a different thing. You know the related but different and if you just look at the sheer you not even including like the health benefits of like CBD oil and things like that which your research would suggest there's there's a lot of benefits there take that out of the equation. You just look at industrial hemp uses think it would.
It's it's mind blowing number of things that that him can be used for and can replace and just and do it in a more of environmentally conscious way like there's just there's a wealth of uses in a wealth of benefits that it it's almost insane to me that it hasn't been permanently legal. Prior to now assignment at stance you taking house mice as you can do anything in terms of associated should be criminally illegal. You should always ask why a wise occasion nestled my kids did writing, ask them like a you go to bed. I watched that one thing I watched this movie, they write an begging to go in there to go into the profession. I think an end when you really have to spell it out for. Sometimes they went in right sometimes them like yeah why can I watch as movie downloads violent, will you let us watch this movie and it was my yeah I just watch the five no, but yet we should always be asking his questions and and sometimes in your moving slows.
Not a bad thing.
I have to tell people that say, you know, like, especially when we talked last week about the school shooting and and and, obviously, visceral responses both sides of the debate on gun title mad quick action is never is almost never the answer. Everybody needs to take time and and reason through things out. I want to criticize and see lawmakers too much. But at some point your moving. Your movements are slow, so this seems like this was a good decision. Hopefully this meant medicinal marijuana bill will will passing us the way to go. That's almost every other state, always tell people if you're wondering North Carolina will legalize recreational use of marijuana, but I may not be here. I may be dead and gone by the time they do that will be like the last date maybe us in Alabama actually legalize it, but it'll is going to happen one day it's it's it's inevitable because societies can't change their tune pretty quick on on how they feel about the kind of thing. Yeah I agree Matt's a bold prediction but I guess a very safe prediction. You know that if you look at the trajectory of how marijuana is viewed a in a societal you'll see like it's the battle of the week. I don't see what pushes us back like I don't know what could come out that would cause a reversion of this kind of progression of thought so II think that that that it's event, it's inevitable. You know into what at what you gain what is gained by continuing to prohibit it in the way that is prohibited. Like we know that that's the question you ask yourself like just like you kids ask like what you know. Why should it be illegal. Why can it be its what you gain from it, not being legal really and I is a difficult question answer yet. I think it is not a clerk there's a lot of clear-cut things you know yet murder should be a legal right yet theft should be illegal in yeah those are designer brands betting is a lot of stuff in the criminal code and will do that one should open up a crack open the North Carolina criminal code, pick out some things that are illegal, it might be a bit antiquated or maybe need to be revisited, but that might be Simpsons one time to see that one but not. But that's not every Moroccan episode to me in Manhattan ending doing their little barnburner. I was just a there's our Simpson reference for the show they were reading that there is that the sending arena charter the town charter to Springfield town charter and male ducks had to wear pants one of the old laws that was still on the books that we got some of those North Carolina weeks so my primary done that.
I just haven't seen it, but maybe you'll will dial that up one week. I like that idea in general manlike. I think that should be what the show is now just we just read.
We just read statutes just as as slowly monotone and can't we just read statutes and that will only appeal to the real purist out there. The real right ring finger. But will be making things guys happy.
I think our audience might dwindle after couple weeks.
Wait for us.
Like maybe Josh and Jill come back to talk about some fun and then just like or maybe all of it.
Maybe everyone loves in the show takes off to a new stratosphere, the other the other piece of legislation is getting a lot of attention is and again I seen a call different things on the quality and see parents rights bill. That's what I've seen it referenced as to the most, but we have some legislation here locally, North Carolina.
That is, is very similar. We spent some time talking about the Florida bill that got named the media, named at the don't say gay Bill and so we spent a while talking about that one. The MC bills a little bit different but has some overlapping provisions. You know it's again depending on what side of the ground to stand on some of it might some of the bills provisions might seem over overly difficult, overly hard. Some of them I think makes sense.
I think it is bill like the Florida bill has they don't want any sexual type construction, gender, type construction and in school for kindergarten. I think it was through third grade. I don't have in front of me but you know I I don't see I don't see any problem that I don't want. I have a second grader domestic and greater.
Personally spent a lot of time talking about anything sexual in nature. Gender in nature personally and I smiled. I don't put a lot of personal opinions out here on the show but I just I do that just point out that some of his bill seems to be reasonable, when I just read it arbitrarily, but this one they really depends on your personal leanings in your personal beliefs on on what's true and correct and how you want to raise your kids.
Anytime that's the case, and as a lightning rod for legislation or anything like that. I agreement this is real lightning rod and I will say this not commenting on the substance of this bill not commenting on the goals and the aims of this bill strictly commenting on the. The comment that the catchy name factor. I gotta give the money. Give it a 3.5 out of 10 in terms of coming up with a cool name for this the there's a lot of things in there that that that draw more objections. So of course it's got up. It's got a provision just to alert parents to a lot of different things that might come up as a kid gets older. So if they if they want to change their pronouns and thing that was mentioned in there if they there's a medical issue a mental health issue that might come up. That's related to the gender they want that reported to the parents and once again depending on what side of the debate you fall on, that's perfectly reasonable or incredibly objectionable right so it's no you know civilized society is a series of measured compromises that at some point we can't compromise on. We have off limit topics are topics that are so divisive, we can't civilly discuss them.
Then little little parts of society start start breaking down you know we can't talk to each other and come to some sort of compromise or some sort of agreement that everybody can live with and we we have some problems demand to me you talk about we talk about notifying parents of the you know certain things that involve their children like to me that seems perfectly perfectly reasonable and you can almost be like why can't. What's the argument what argument could be made against that and then I guess you have to remember, like not every parent, not every parent-child relationship is is is that of mine and my kids are you and your kids and yet I guess there as sad as it is, you know there's there's a lot there. Some parents out there that don't necessarily have the best interest of their kids in mind there some unhealthy relationships. They are so I guess that's a piece of the puzzle but you know some of the stuff does like you said, it seems it it it does seem fairly early reasonable but it's a lightning rod whenever he had that light and ride you got there's there's two sides of that coin and and both are usually equally adamant about their own position. Yeah, everything I read you know describe this as Republican legislation having Gov. Cooper came out against it. You know, so it sounds like maybe, he said this, but it sounds like he'd I'm guessing just bile is a statement again. I'm making a leap of assumption here, but he would he would veto it may be, if it came to his desk and so I don't know what.
In the end of the point is, which deftly have some parents who are involved in their kids lives who you know and and I think some of you interviewed made good point, yet they have to sign a form and call the school for the kid get like an acid you like over-the-counter medication. I know like we unite our school are kid uses inhaler and there's always documents to fill out so they could uses inhaler so it's a big problem in this kids these days, snorted Tom Sanusi yet to go through the like, just all this stuff are like simple stuff and then you know as I now know the situation did be a bit of kid. The kid goes to a guidance counselor something is having maybe some mental health issues or some some struggles with sexuality and and that not to get back to the parents. It seems at least as important as Tom's right you have at least as I think I think both sides have good intentions on this debate. They will kids to be able to figure themselves out.
Not again if they will have a good relationship with her parents.
You know, I see both sides but but in the end, when you read this bill doesn't sound unreasonable. Just just read it now gets applied and I think it I think we talked about the Florida law that was our unit wasn't drafted really well. How will this get applied. It did make a lot of it. I didn't there was there to be a lot of legal problems or from an attorney perspective.
We saw a lot of problems with it. In this bill has the same the same issues you know but anyway I guess is neither here nor there were not were not part of the North Carolina Senate me and Joseph don't have a vote. We just like to talk about these things for for the sheer joy in talking about legal Glasgow sayings now just to say your both parents and a lot of our listeners are parents and their facing the same issues. So yeah, it's an interesting conversation. I'm sure to come back up on the program were right. Everybody listening to the Outlaw years Josh Whitaker and Joe Hamer that the managing partners at Whitaker and Hamer law firm there practicing attorneys here in North Carolina with offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. If you have a legal question.
You need an answer for your situation. Possibly here's a phone number 4800 659-1186.
That's 800-659-1186 just leave your contact information. Briefly, what the calls about an attorney with Whitaker in Hamer will be in touch.
You can always email your questions to the program will answer them on future programs as firstname.lastname@example.org speaking got some questions come up on the other side. Stay tune your listening to the Outlaw life. Clayton, Goldsboro, Fuquay Marina and Gastonia hi Morgan Patrick consumer advocate again. We have that legalese conversation.
Each and every week. Hit the hot topics and then maybe some that you haven't really thought about to get you thinking. If you got an issue that you're facing. You've got a question and you need an answer you can call Whitaker and Hamer use this number 800-659-1186 at 800-659-1186 and leave your contact information briefly what that call is about an attorney with Whitaker and Hamer will be in touch.
And as always you can email your questions to the program email@example.com all right listener questions. I love these Josh take away with it to today Morgan. The first one is one that we have gotten a lot it's been on the news this been the subject to a lot of discussion.
I've got kind of a generalized version that Minna read out here. So here is listener question number one today is I went under contract for a new home back in 2021. The builder gave me notice that the final purchase price will increase by 80,000 because of material and supplying supply chain issues, plus the completion date has been extended.
Is this a breach. What can I do rank that's calmer question. I guess my last year.
Last summer when picked their lot out signed up with with a builder to build their their house must be closing on it this summer and again some bad news. The prices going up and were not to close on time and answer their their answer is, what can I do and Joe, we represent a lot of buyers right we represent a lot of builders week we get on both sides of this question a lot. I know you seen it to. I have seen it.
It's a common it's common, you know, in its increasingly common because you know we had. If you know this Josh, but there was like an outbreak of the sickness; a pandemic right you did you know that took place and said that because a lot of issues with the supply chain that calls the cause a lot of societal issues in general and in one of the one of the things that occurred was a drastic increase increase and and and a lot of things cost of labor cost of materials so so you saw you saw a whole lot of you saw whole lot of price increases and use all just a lot of things went to the roof and so which had happened was you had a lot of folks to they got a contract for for the property and then the builders quoting them based on what they would generally expect this project cost and then you get into the process. The prices increase substantially, and you look at a situation where you you've had your 60, 70, $80,000 increases in the cost of materials during that time and it put you in a situation like this. We deftly see it and answer as to whether this can be done and you I know you love this answer, Josh. But if the answer out virtually any legal question that's it depends right depends on a lot of things. Yeah, I like how the solace and I don't have in front of me. Best always just come up among the local news a lot. I think it a no hats of articles on it when it was when it was happening and it's just interesting how the builders are always the bad guys right is always the company. It's always the landlords that are the bad guys the builders about nature ways of the bad guys, and sometimes they are right. Sometimes that's that's the case, depending on the facts, but this bias towards towards it. It just seems apparent to me anyway what yet what can it depends on the contract you stop right set a lot of builders have their own contract and that contract it contemplates things like this. This is based on pricing in such sites and this can go up by a certain amount or certain percentage or will just tell you what it is you know past access what happens you know when things in flight and were saying that now it is crazy crazy crazy inflation had about a lot about just this week.
I know this is the first world problem to complain about man gas would know Ethan all but gas not she okay yeah got any new gas is cheaper and I was going to say. Gas prices going through the roof. I think averages for 65 right now. Big big number but this gets passed along to the consumer encounters new taxing time there's a new tariff, he encounters a supply chain issue.
You know that bigots pass right along to so it's it's in the end it's it's your it's your problem will have a dependable contract signed and I would guess a lot of people sign these contracts without having a lawyer, you know, review abilities, contracts are to stipulate we can go price. If you can't do it then you know you might lose some deposit maybe your deposit by the builders, so somebody who can afford it. So that's you know it, but if they signed at the builders on a contract with you.
That didn't allow a price increase to maybe have an argument that that that they're going to have to eat it study you but still you know it just depends on your bill. You know there's legal arguments to be made right like okay, maybe this is a breach but a judge.
A judge can't. You can't order you know a builder to sell your house in a price reason, take $100,000 loss and he doesn't have $100,000 to pay that loss right to have liens on the house so the judge can order it, but like but but you still have your your student at the same issues.
A judge can't magically produce the funds to pay the that the contractors so that you don't have a property that's just riddled with liens that can remove you know that those contractors rights are protected. Just like your rights are protected. So it still can be. Still to be an issue and you know practically speaking, you get a judgment against the builder that cannot pay those those liens is gonna be 40 year that judgments can be virtually worthless. So there's you're still gonna be in a bad situation and not say God say if this is a relatively new issue that we seen cropped up more and more I think a lot of the builders contracts prior to this new. We kind of interposed covert didn't necessarily account for the situation but virtually every builder we work with in the last several months has included some sort of escalation clause or something that would allow them to increase the price based on changes, so it is something that's become increasingly common at the has it has really become the standard recently.
Yet you can't you can't be in the business of building houses and just take loss after loss after loss. You know, and then some. That's got to be passed on in it. It's one of those is what is difficult situations because again, you certainly have sympathetic homebuyers who are in a position I really can't afford the house you know if it went up to monitor you naturally and put them in a bind, but builder also can't just take a loss on the situation that came up through no fault of their own either right you know so it just puts everybody in bad positions. But when he gets reported on it always seems like it's the homeowner or that the prospective homeowner whose people sympathize with the most, but anyway it's an interesting question is one we've we've seen a lot and I imagine we'll see even more, piercing right we need take a short break. We got one more listener question to go before the end of the program. So we'll get right to add your listing to the outlier Josh Whitaker and SchellHamer managing partners at Whitaker Hamer law firm again office is conveniently located for you Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia got a legal situation they are facing. Got some questions call this number 800-659-1186 at 800-659-1186 leave your contact information briefly what that calls about an attorney with Whitaker Hamer will be in touch and you can always email your questions to the program and will answer them on the show, like we are today. firstname.lastname@example.org or fax this Whitaker and Joe Hamer Whitaker and him alone for where you can find them each and every week of the managing partners there there pricing attorneys here in North Carolina get those offices. You can find them in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia got a legal situation.
You gotta need a question answered.
You can call 800-659-1186. That's 800-659-1186 contact information briefly what that call is about an attorney with Whitaker and Hamer will be in touch again. You can always email your questions to the program and will answer on a future show questions asked, the outlaw line your.com final question of the program. Josh is when it comes up from time to time but are generalized version of the question that we get very often is. I was eating at a restaurant in my food had a hard object in it. I bit down on the object caused me a lot of pain. I went to the dentist afterward and everything checked out okay. Can I assume that's that's a question that comes up every every now and again.
And this reminds me of this reminds me of a story I was in the house and it became Debbie's cafeteria.
As a kid eating with my family and me as he does know about to get a new talk talk to W here on the show shortness Cayenne WK and K and W that can Cayenne got a terrific A&W cafeteria were having a nice meal is a famine. I was a kid I could maybe as a middle school amendment elements are members that there there was Eaton by them. But as managers we can put this business settlement on the person or Eaton. He always did Salisbury. That's his mill. Salisbury steak is good and so that's what he does every time pleasing is rice a bystander on something we are like a crack crack on His tooth fell out as member being like and he was like oh well guess I'll have to wait and remember being like a maze that just happened and why he wasn't like arriving on the ground in pain how to set Salisbury steak to just put them into a state just like no to. I have my tooth gone but had to keep as a whole and may I think they did anything. They took us to letting David's talk to a manager that I remember correctly I think.
I think we can W discovered is whatever dental bills he added time. You know, but you get the short answer is you can sue right but the problem might be what what your actual damage.
Yet, in this situation it. Everything checked out okay.
Like you've got yet pain you know and that pain-and-suffering is a relevant factor to note any kind of litigious suit seeking recovery of damages but at this it it's difficult. It's difficult if pain-and-suffering is your all is the only thing you got, you know, how do you quantify that you Tina having there needs to be a quantifiable component to to any kind of of lawsuit of this nature. When yet to prove negligence write this if you did say you will save my dad decide to sue the K and W yet approve it. That they did something wrong right. The fact that something hard was in the rice or whatever it was, by itself, is not enough because there's you get a steak in my get some by right you can get pieces of bone and a hamburger and there's there's a certain level. That's not negligent because it just happens right at each, yet approve.
They did something wrong. After prove negligence happened and you have to like I said Joe pain-and-suffering certainly compensated for, but three seconds of of pain.
You know maybe is not worth a lot. In the end in the market place, but crack in half a tooth and having it extensive dental work.
Maybe that's a different situation. I get doctors involved yet medical records get a clear injury in and but yeah yeah I had thought about that time I can W in a long time and this question really just rocketed back to my brain just just amazed tonight is a kidney crack it to grad school flicked like I wouldn't. That's it. I would know that for as long as I could wind in its nice they can W stepped up and into care that that's that that's some scary stuff. How old was your dad when it happened as if I was a middle school.
My dad would've probably been late 40s thousand say those are's Realty to you but all right what we are up against the clock guys another great show, the outlaw lawyers Josh Whitaker and Joe Hamer Whitaker Hamer law firm where you can find them during the week of the managing partners there there practicing attorneys here in the great state of North Carolina and office is conveniently located Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. You've got a legal question. You need an answer to. I got a phone number for you 800-659-1186 at 800-659-1186 just leave your contact info. Briefly what that calls about an attorney with Whitaker Hamer will be in touch. You can always email your questions to the show email@example.com back next week with another edition, attorney licensed to practice law in North Carolina.
On the show many licensed attorneys discussion of the show was meant to be general in nature and in no way should be interpreted as legal advice. Once an attorney licensed in the state in which you live the opportunity to discuss the backs of your case with you.
The attorneys appearing on the show are speaking in generalities about the law. North Carolina and how these laws affect aboriginal Carolinian. If you have any questions about the content of the show, contact us directly