Legal Question in Real Estate Law in North Carolina
My ex wife and I, owned a rental property, in an LLC, we r the only 2 members, so in effect we r 50/50 ownership, the is NO operating agreement, to outline authority, but she was able to sell 1 of the rental properties, without my signature. The attorney who handle the closing, was aware of ongoing ED, with my wife, he had even been supeona,to a deposition, last year, concerning our case. My question is, with his knowledge, of our case, and NO operating agreement, can he be held liable, for allowing only 1 member of LLC, to sign,for sell of property?
1 Answer from Attorneys
It depends...unfortunately it is usually understood that 1 member of an LLC can act on behalf of the LLC. If the LLC owned the property then the LLC was the owner and not you and your wife. In that scenario, unless he had knowledge that your ex-wife did not have authority, it will be difficult to make a claim.
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