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BROOKS v. WACHOVIA BANK & TRUST CO.

No. 8818SC1407.

384 S.E.2d 288 (1989)

Mary E. BROOKS, Plaintiff Appellant, v. WACHOVIA BANK & TRUST CO. and Gate City Motors, Inc., Defendants Appellees.

Court of Appeals of North Carolina.

October 17, 1989.

Attorney(s) appearing for the Case

Central Carolina Legal Services by Stanley B. Sprague and Sorien K. Schmidt, Greensboro, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by Jill R. Wilson, Greensboro, for defendants-appellees.

COZORT, Judge.

This case presents a question of first impression in North Carolina: whether a lender who repossesses a car and transfers it to a dealer under a repurchase agreement is liable for the dealer's failure to sell the car within ninety days of repossession as required by N.C.Gen.Stat. § 25-9-505(1). We hold that the lender is not liable.

On 19 November 1987 plaintiff Mary Brooks brought this action against defendants Wachovia and Gate City Motors...

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