Legal Question in Civil Litigation in Alabama
A friend asked us to help her move, which we did. The friend gave us the key to the house owned by her Mother, who has moved to another state, who said the house was in forclosure. The friend told us to take whatever we wanted.The friend signed a statement that "Whatever was left at my house was mine to do with as I see fit" What are the legal ramifications if the friend and/or her Mother want things back? Can I sell some of the things? How long should I wait before selling anything? Thank you so much for your expertiese.
1 Answer from Attorneys
First, I would ask, why your friend would feel compelled to sign such a statement? Second, I would say that if you were given the items, you need to find out if your friend had the authority to give them to you.
There are provisions in the law that absolve a "purchaser in good faith" from prosecution; this requires a purchase. There are also provisions in the Code of Alabama that make it a felony to receive or be in possession of stolen property. This applies if you "should have reasonably known" the property was stolen.
Have your friend and her mother work it out before you do anything in order to avoid future civil or criminal litigation.