Legal Question in Consumer Law in North Carolina

3 years ago, my brother asked my mother could his friend sit her storage building in the back of her house and she would pay her each month for keeping the building. She only paid her the first two months and nothing there after. My mother recently moved and the building went with her. My brother's friend went and sold the building to another person without discussing it with my mother. What is the outcome of this situation? Should my mother seek an attorney?


Asked on 8/07/10, 5:32 am

1 Answer from Attorneys
Rachel Hunter

I cannot discuss your mother's legal problems with you for ethical reasons. Your mother did not acquire ownership of the property, unless she told your brother to pay rent or move his building. Did she do that? If not, she might be only entitled to the back rent. However, North Carolina has a statute of limitations, which may affect the amount on any rent. In addition, was there any rental/storage agreement?

Yes, your mother needs to see a general civil litigation attorney to at least consult with him or her. If the amount owed is less than $5000, then she can sue your brother in small claims and handle it herself. You cannot act as her lawyer, even if you have a power of attorney. She either does it herself or hires a lawyer.

If the building was sold, how did the new buyer get the building? The seller and/or buyer necessarily had to come onto your mother's property. If they did and your mother was not aware, they have also committed a trespass which would be actionable.

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Answered on 8/13/10, 8:52 pm


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