Charlotte, NC asked in Business Law and Contracts for North Carolina

Q: Can I sue my brother for my share in a business that I solely founded and later had oral agreement for him to run

I founded a technology business in 2001 and in 2002 made oral agreement with my brother to run with the business and I would be silent partner retaining 50%.

Throughout the years I was paid nothing as business exposed and finally in 2010 he started paying a nominal monthly amount of about $6000 per month. In 2011 I went to prison for mortgage fraud and during my incarceration of 18 months he cut payments to $3000 per month and they stopped all together in October 2012.

I now do not speak to him at all and he claims he is the founder and has totally cut me out while making over $5 Million per year plus...

I have proof that I solely built the application paying 100% of the costs while he was in totally different business.

Proof that I registered the website, named the company, incorporated companies that he later re incorporated under his name.

The list goes on that shows I transferred business in his name without any benefit except 50% agreement.

Can I sue him ?

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Possibly, but this is a complicated matter and you will need to sit down with an experienced lawyer and go through all of the detail. It is possible you may have a breach of contract claim. However, some time has passed and you may have lost claims by waiting to pursue this.

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