How can I make the buyer pay for the home interest I transferred when they refuse to pay? – North Carolina

Short Answer

In North Carolina, if you conveyed your interest by deed and the buyer did not pay, you can sue for breach of contract to recover the price or ask the court to order payment (specific performance). If payment was a condition of the transfer or the deed was obtained by fraud, you can ask the court to rescind (undo) the deed and restore title. To protect the property while you sue, file a notice of lis pendens and, if needed, request a preliminary injunction.

Understanding the Problem

You’re asking whether, under North Carolina law, you can force a buyer to pay after you transferred your home interest and the buyer stopped paying and now claims full ownership. This is a real estate dispute between a seller and buyer focused on enforcing payment or unwinding the transfer through the North Carolina Superior Court.

Apply the Law

North Carolina treats a deed as transferring title upon delivery even if the buyer hasn’t paid. The seller’s primary remedies are: (1) a contract claim for the price and, in some cases, specific performance; (2) equitable remedies when justice requires, including rescission (cancellation) for fraud or a material failure of consideration, a constructive trust or equitable lien to secure the unpaid price, and an injunction to prevent further transfer. Because the dispute affects title, you can file a lis pendens to give public notice and preserve your claims against later transferees. The main forum is Superior Court in the county where the property sits. Key deadlines typically include a three-year statute of limitations for contract and unjust enrichment claims and, for fraud, three years from discovery. If your sales contract was under seal, a longer deadline may apply. Courts may require a bond when granting preliminary injunctions.

Key Requirements

• Written agreement for land: A signed writing for the sale or transfer of an interest in land (Statute of Frauds) supports contract enforcement and specific performance.
• Buyer breach: Show the buyer agreed to pay and failed to do so within the agreed time.
• Remedy fit: Seek money damages or specific performance; for rescission, show fraud or a material failure of consideration tied to the transfer; for unjust enrichment/constructive trust, show the buyer kept a measurable benefit without paying.
• Action affecting title: File a lawsuit and a lis pendens in the county where the property is located to protect your claim while the case is pending.
• Injunction standards: For a preliminary injunction, show likely success, irreparable harm, and that the balance of equities favors relief; be prepared to post a bond.
• Filing window: Most contract and unjust enrichment claims have a three‑year limitations period; fraud runs three years from discovery; some sealed contracts carry longer limits.

What the Statutes Say

• North Carolina Gen. Stat. § 22-2 (Statute of Frauds for land contracts) – Land sale agreements must be in writing and signed.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – File notice in actions affecting real property to put third parties on notice.
• North Carolina Gen. Stat. § 1-52 (Statutes of limitations) – Three years for most contract, unjust enrichment, and fraud (from discovery).
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Standards and bond for temporary restraining orders and preliminary injunctions.

Analysis

Apply the Rule to the Facts: You delivered a deed transferring your interest, and the buyer agreed to pay but hasn’t for months. That supports a breach of contract claim for the price and, depending on your contract, specific performance. If payment was a condition for delivery or the deed was procured by misrepresentation, you can seek rescission to unwind the deed and restore title, along with a constructive trust or equitable lien securing what’s owed. Filing lis pendens will help prevent a clean transfer to a third party during the case.

Process & Timing

1. Who files: Seller. Where: Superior Court in the North Carolina county where the property is located. What: Verified civil complaint (breach of contract; specific performance or rescission; unjust enrichment/constructive trust; declaratory relief as needed) plus a Notice of Lis Pendens. Consider a motion for temporary restraining order/preliminary injunction under Rule 65. When: File promptly; most contract claims must be filed within three years.
2. Serve the buyer. The buyer typically has 30 days to respond after service. Courts may set a schedule for discovery, mediation, and motions. If you seek an injunction, the court may hold an early hearing and may require a bond.
3. Final step: The court may award money damages, order the buyer to pay and close (specific performance), or rescind and cancel the deed. Record a certified copy of the judgment or order in the Register of Deeds to update the land records.

Exceptions & Pitfalls

• Oral agreements for land transfers are generally unenforceable; have a signed writing to pursue contract remedies.
• If the buyer conveys to a bona fide purchaser before you file and index lis pendens, your title-based remedies may be limited to money damages.
• Injunctions require proof and a bond; delay can undermine your request and invite laches arguments.
• File the lis pendens in every county where the property lies and ensure it’s properly indexed so it gives effective notice.

Talk to a Real Estate Attorney

If you’re dealing with a deed transfer where the buyer hasn’t paid and now claims full ownership, 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.