Quote:
Originally posted by KillarneyRose
But I am pretty sure that when I was initiated I signed an agreement to the effect that the Badge belongs to the sorority and is on loan to me. But if I did sign an agreement like that, wouldn't that have legal ramifications?
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I like to lurk.
Well, if you find one, please show me. So far no one has been able to produce one of these “agreements”. I’ve done a lot of homework on this issue, but I have to point out… I’m not a lawyer. I just play one on GC.
Yes, I think if it were a formal lease agreement, it would be binding. Just like you can’t lease a Hyundai and then try to sell it on ebay. But think about the kind of paperwork you go through to lease a car. That’s an agreement. By contrast, simply signing a “Statement of DZ Policy” I think is legally worthless.
But… If you do have an actual lease agreement and the member dies, then I suppose it’s up to the leaseholder to put in their claim. After the death of the member, their estate goes through probate, at which point advertisement is made for any creditors against the estate. DZ at that point could show up with the lease agreement and possibly lay claim to the badge. I don’t think the probate court concerns itself with small personal possessions unless specifically mentioned in the will – they concentrate on real estate, cars, boats, etc. But maybe DZ would have a shot at it.
If DZ doesn’t show up with a claim, the estate gets doled out to the heirs and those heirs are now free and clear of the lease. Certainly the estate liquidator who buys from the heirs, the jewelry dealer who buys from the estate liquidator, and the collector who buys from the dealer are all free of it.
You can see that having formal lease agreements really doesn’t help you much because they would be almost impossible to administer.
Quote:
Originally posted by Diamond Delta
If I decide to upgrade my badge and contact Burr Patt directly and they sell the badge to me, it's mine. It is not my sorority's and it is not a life long lease and it does not become their property if I get kicked out, quit or die. I bought it from the jeweler. I have the reciept!
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That’s an interesting twist on the subject. The sorority may never actually own the badges to begin with. That is, unless they buy in quantity from the official jeweler and then distribute to the members.
wptw