Legal Question in Real Estate Law in North Carolina

My step mother gave me a jeep to drive and said repeatedly to treat it like my own and my dad said wait to put in my name so he could add me to their insurance. Within the first week of having the jeep I was in a wreck and totaled it. The jeep was paid off and the title in my step mothers name. My parents are going through a divorce. The accident was in May, the vehicle accident was settled September, and the jeep sat in my yard till January. My step mother said in august that I could sell the jeep for scrap to get money for new appliances. I waited till the first week in January and did just that. Now that the divorce is going sour with my parents, she wants to press charges and sue me for the $400 I got for the jeep. Anything I can do?


Asked on 3/06/12, 5:37 pm

1 Answer from Attorneys
Rachel Hunter

I don't care what step-mother said., The fact remains that you were not on the title to the car. Did you have a power of attorney to be able to sell it for her? Did you at least get a bill of sale for the car when it was sold for scrap? If so, you are going to have to arrange to pay her.

There is no crime and I can't believe the police would waste their time with it but if she does press charges then you cannot pay her at all. Instead, you will have to get a criminal attorney and allow him to resolve this - chances are that if you agree to pay then the charges would be dropped.

However, why go there? Pay her the money but before you pay her a dime, get her to sign a release that she will not pursue any claims, civil or criminal against you if you pay her the $400.

Read more
Answered on 3/07/12, 4:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina