Short Answer

In North Carolina partition cases, the cleanest way to enforce a buyout is to reduce it to a written, signed settlement or consent order that sets a firm price, a funding deadline, and a default remedy. If the co-owner misses the deadline, you can ask the Clerk of Superior Court to enforce the order and, if needed, enter a partition sale order and appoint a commissioner to sell the property under the judicial sale rules.

Understanding the Problem

North Carolina: You want to know how you can enforce a buyout in a partition action if the occupying co-owner does not fund the purchase by the agreed date. The key decision point is whether you can convert a negotiated buyout into an enforceable court order that automatically moves the case to a sale if payment is not made on time. One salient fact: an earlier buyout collapsed when the occupying co-owner did not provide updated payoff information, and the court has ordered mediation.

Apply the Law

In North Carolina, partition actions are special proceedings before the Clerk of Superior Court. Courts regularly order mediation to try to resolve co-ownership disputes. A buyout reached in mediation should be memorialized in a written, signed agreement or a consent order that includes the price, closing mechanics, a hard payment date, and a clear default remedy (for example, automatic entry of a sale order if payment is not made). If the deadline is missed, you may move the Clerk to enforce the settlement/consent order and proceed to a judicial sale with a court-appointed commissioner.

Key Requirements

• Written, signed terms: Put the buyout in a signed settlement agreement or consent order that states the price, required documents, and a firm funding deadline.
• Built-in default remedy: Specify that failure to fund by the deadline authorizes the Clerk to enter a sale order and appoint a commissioner without starting over.
• Notice and motion practice: If default occurs, promptly move to enforce the agreement/order and request the sale order in the partition file, with proper notice to all parties.
• Judicial sale mechanics: If a sale is ordered, the commissioner conducts a judicial sale subject to the upset bid period; proceeds are later distributed.
• Mediation coordination: Use court-ordered mediation to lock in the terms and signatures, including any pre-sale buyout windows that may apply.

What the Statutes Say

• N.C. Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Authorizes the Clerk to order mediation in matters within the Clerk’s jurisdiction, including partition.
• N.C. Gen. Stat. § 1-339.1 (Judicial sales; generally) – Establishes procedures for judicial sales that apply when the court orders a partition sale.
• N.C. Gen. Stat. § 5A-21 (Civil contempt) – Provides contempt as a tool to compel compliance with a court order requiring an act.

Analysis

Apply the Rule to the Facts: Because the earlier buyout failed for lack of payoff documentation, use the court-ordered mediation to produce a written, signed settlement or consent order that sets a fixed price, requires the occupant to deliver payoff or lien information by a set date, and sets a closing/funding deadline. Include a default term authorizing the Clerk to enter a sale order and appoint a commissioner if the funds are not delivered on time. If the occupant misses the deadline, file a motion in the partition proceeding to enforce the consent order and proceed to a judicial sale.

Process & Timing

1. Who files: The nonoccupying co-owners. Where: Clerk of Superior Court in the county where the property is located. What: At mediation, use the official “Mediated Settlement Agreement” form (AOC‑DRC‑15/16) or draft a consent order for the Clerk to enter; if default occurs, file a motion to enforce and for entry of a sale order and appointment of commissioner. When: File the enforcement motion promptly after the funding deadline passes.
2. Hearing on enforcement: The Clerk sets a hearing; timeframes vary by county. If the agreement/order includes a default-to-sale clause, the Clerk can enter the sale order and appoint a commissioner without re-litigating valuation.
3. Sale and closing: The commissioner conducts a judicial sale under Chapter 1, Article 29A procedures. After the high bid stands through the upset bid period, the sale is confirmed, deed delivered, and proceeds distributed through the partition file.

Exceptions & Pitfalls

• No signatures, no enforcement: A handshake or unsigned term sheet from mediation is hard to enforce. Get all parties’ signatures before leaving mediation.
• Vague terms cause delay: State price, who pays what, payoff/lien document deadlines, and the exact funding date. Include a clear default-to-sale clause.
• Service and notice: Provide proper notice of any enforcement motion to all co-owners and lienholders to avoid later challenges.
• Heirs property nuances: Some cases require a pre-sale buyout opportunity and appraisal steps; timing can change based on the property type and court orders.
• Contempt vs. sale: Courts often favor implementing the agreed default (sale) over contempt to collect money. Draft your order to make the next step automatic.

Talk to a Partition Action Attorney

If you’re dealing with a failed buyout or a co-owner who missed a funding deadline, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.