How do I handle a seller who directs all communication to their lawyer? – North Carolina

Short Answer

In North Carolina, once a seller says they are represented, route deal-related communications through the seller’s attorney. That approach respects legal boundaries and keeps negotiations organized. Get your own attorney involved to clarify the “garage” issue in writing and to secure all co-owners’ signatures before you treat the contract as binding. Until all sellers sign and acceptance is delivered, key contract clocks usually do not start.

Understanding the Problem

You are a North Carolina residential buyer asking whether you can still contact the seller directly after being told to communicate through the seller’s lawyer, and how to make sure the unsigned co-owner and the “garage situation” are resolved before closing. One co-owner has not yet signed. This is about knowing who to speak with, how to keep the timeline on track, and what to put in writing so you can close with confidence.

Apply the Law

Under North Carolina law and professional-conduct rules, when a party is represented by a lawyer in a matter, communications about that matter should go through that lawyer. In a residential sale, a contract to convey land must be in writing and signed by the party to be bound, and you typically need signatures from all record owners to convey full title at closing. The main “forum” is private negotiation via counsel; key timing often centers on the contract’s Effective Date and the due diligence deadline.

Key Requirements

• Communicate through counsel: Once the seller directs you to their lawyer, send deal communications to that lawyer; have your attorney speak for you.
• Get all owners’ signatures: Do not rely on the agreement as “final” until every record owner signs and acceptance is delivered.
• Put property issues in writing: Describe the garage concern, request documents (permits, surveys, approvals), and resolve it with a written addendum.
• Track the Effective Date and deadlines: Contract clocks usually start only after full execution and delivery; complete inspections and negotiations before the due diligence period expires.
• Make title and closing practical: Plan for a deed signed by all owners and recording with the Register of Deeds at closing.

What the Statutes Say

• North Carolina Gen. Stat. § 22-2 (Statute of Frauds for land) – Agreements to sell land must be in writing and signed by the party to be charged.
• North Carolina Gen. Stat. § 47E-4 (Residential property disclosure) – Requires a seller disclosure statement for most residential sales.
• NC Rule of Professional Conduct 4.2 (Communication with represented person) – Lawyers must not communicate about the subject of representation with a person known to be represented.

Analysis

Apply the Rule to the Facts: Because a seller directed you to their attorney, send questions and proposals through that lawyer, ideally through your own attorney. With one co-owner unsigned, you likely do not have a fully executed agreement, so do not assume deadlines have started or that you can compel a deed from that owner. Address the garage issue in writing now and resolve it by addendum before the due diligence period would expire. Push for full signatures and written terms before you spend money you cannot recover.

Process & Timing

1. Who files: Buyer or buyer’s attorney. Where: Send to the seller’s attorney. What: A written issues letter (garage concern), document requests (permits, surveys), and a proposed addendum resolving the issue and confirming all sellers will sign. When: Before the contract’s due diligence deadline; if not fully executed yet, set a short acceptance deadline for full signatures and delivery.
2. Obtain and review responses and documents; complete inspections, a survey, and permit/zoning checks within the due diligence window. Timelines can vary by county and vendor availability.
3. Finalize a signed addendum resolving the garage issue or, if unresolved, use your contractual rights (for example, termination within the due diligence period). At closing, the deed must be signed by all owners and recorded with the Register of Deeds.

Exceptions & Pitfalls

• Contacting a represented seller directly after you retain counsel can create ethical problems and confusion—keep communications lawyer-to-lawyer.
• Assuming you have a binding deal when one co-owner has not signed; without full execution and delivery, key contract rights and deadlines may not apply.
• Relying on verbal assurances about the garage; get permits, approvals, and any fix or credit in a signed writing to satisfy the Statute of Frauds.
• Letting the due diligence period lapse; your leverage and easy exit options typically narrow after it expires.

Talk to a Real Estate Attorney

If you’re dealing with a represented seller, missing co-owner signatures, or an unresolved garage issue, 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.