Areas of Practice

Real Estate

 

Whether it’s guiding a first-time home buyer, a business owner selling an outgrown factory, or a developer purchasing multiple acres of unimproved land, we offer wide-ranging and deep experience in the purchase, sale, financing, development, and leasing of real property.

Our comprehensive services include:

  • Representation of buyers and sellers in real estate purchase and sale transactions 

  • Preparation and review of purchase and sale agreements for buyers and sellers 

  • Examination of title and advice to clients on the effect of title exceptions, such as easements, restrictions, and declarations

  • Preparation of all documents associated with real estate purchase transactions

  • Preparation of seller financing documentation

  • Preparation of commercial and residential leases 

  • Review of loan documents for borrowers

Business Law

 

From an entrepreneur bringing her dream to reality to a CEO planning his retirement, every business owner needs the guidance of an experienced, creative, and dynamic attorney. Our firm has represented hundreds of clients through critical legal decisions.

Our services include:

  • Advice on choice of business structure – partnership, limited liability company (LLC), and corporate

  • Preparation of formation documents including partnership agreements, articles of incorporation, articles of organization, and operating agreements

  • Preparation of purchase and sale agreements 

  • Preparation of noncompetition agreements 

  • Preparation of leases

  • Collection of overdue accounts

Estate Planning
and Probate

 

The privilege of honoring a client’s wishes for their estate makes estate planning the most sensitive legal service we provide. We guide our clients and their families to the desired outcome with compassion and respect, from initial planning through the administration of the estate. 

These services include:

  • Preparation of wills and trusts

  • Preparation of financial powers of attorney and living wills

  • Providing advice to reduce liability, minimize expenses for beneficiaries, and anticipate incapacity

  • Assisting in opening, administering, and closing the estate

Dispute Resolution
and Litigation

 

Litigation, taking legal action against another party or parties in a court of law, is seldom the first step in resolving a dispute. But, if all other attempts, conciliatory discussions, negotiations, mediations, and arbitrations do not achieve your goals, we will zealously advocate for you in court. Clayton has successfully represented businesses and individuals through all stages of litigation, including appeals to the North Carolina Court of Appeals. He has appeared in all Federal District Courts in North Carolina and in the Superior Courts of many North Carolina counties. 

Below are some of the types of matters he has handled:

  • Prosecution and defense of will and trust disputes 

  • Prosecution and defense of breach of fiduciary duty claims 

  • Fiduciary removal actions (removal of an administrator of an estate or of a trustee of a trust) 

  • Caveats (legal actions challenging the validity of a last will and testament)

  • Incompetency and guardianship proceedings

  • Unfair and deceptive trade practice claims 

  • Fraud 

  • Breach of contract

  • Collections

  • Condemnation or eminent domain (situations where a government proposes compensation to the landowner for the purpose of acquiring the land for public use)