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My rights on something that belongs to me that older brother pawned.

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Comments

  • Burlesque_Babe
    Burlesque_Babe Posts: 17,547 Forumite
    Part of the Furniture Photogenic Combo Breaker
    I can't comment on the ins and outs of the law here - but nothing has been mentioned about your parents getting involved and giving your brother a bloody good talking to and telling him to sort it?
    :D"Stay Wonky":D

    :j:jBecome Mrs Pepe 9 October 2012 :j:j
  • Tozer
    Tozer Posts: 3,518 Forumite
    edited 18 April 2009 at 6:06PM
    phlogeston wrote: »
    Excellent, then could you please explain how the limited exception of good faith purchaser for value could possibly apply in these circumstances.

    It is an exception that would only apply if the there was a voidable contract between the two brothers for the sale of the items.

    As there is no contract of sale between the brothers (voidable or otherwise), the law will protect the true owner of the property, not the innocent purchaser.

    I did not start the insults; you stated that those of us posting the correct legal advice on this page had only got our knowledge through google. I merely corrected your mistake.

    I don't think there is any mistake on my part. My view is that CC have good title. If OP wants to report the matter to the Police then that is up to him. However, as it seems he doesn't, my view is that his brother has conveyed title to CC.

    My comment about Google Law was actually not aimed at you - I have previously expressed my ringing endorsement about the points you make but disagree with you on this. I chuckled at the blatant google search and cut and paste - part of which was not actually one of the (8 I think) exceptions to nemo dat.

    Anyway, I really am bored with this stuff. From a practical perspective, this really is a non-issue.
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