Legal Question in Real Estate Law in Illinois
My brother borrowed an oversized Land of Nod rocker retailing over $700 from me to use in his baby's nursery. After using it for a year, I asked if he no longer was using it, could I have it back to loan to another friend who just had a baby. He told me he had sold it on Craig's List because he thought it was a "gift". I have compromised and was willing to accept the amount he received from the sale due to the miscommunication. He refuses. What is my right legally in this situation? Thank you so much!
1 Answer from Attorneys
It is not practical to pursue this claim. Your brother has to prove your "donative intent", that it that when you transferred the property, you intended it to be a gift. If you have anything in writing from him admitting that the item was a loaner, that will help your case. Under the circumstances - and I don't know whether this is a younger brother who expects frequent gifts - it looks like a draw. Anyway, it's not worth straining the family relationship over a chair.
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