NC General Statutes

N.C. Gen. Stat. § 33A-17 (2026)

Liability to third persons

✓ current as of July 2026

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(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian may be held personally liable:

(1) On a contract properly entered into in the custodial capacity if the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship if the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. (1987, c. 563, s. 2.)

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998).

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Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998). · cites it 2× “N.C. Gen. Stat. § 33A-17(a) (1987) states that [a] claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be…”

— N.C. Gen. Stat. § 33A-17(a) — 1 case

Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998). “N.C. Gen. Stat. § 33A-17(a) (1987) states that [a] claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be…”

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