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Questions Answered by Fred Bopp III
1 Answer | Asked in Banking and Contracts for Maine on
Q: I have a title to a truck with no lein holder on it, bought trk from dealer bank financed, do I own it

Trk is bank financed I've made one payment

Fred Bopp III
Fred Bopp III answered on Jan 9, 2022

I cannot answer your question without more information. For starters, what do you mean by "with no lien holder on it"?

2 Answers | Asked in Contracts, Consumer Law and Criminal Law for Maine on
Q: If I buy something is it legal for previous owner to sell it to someone else after I have paid them?
Fred Bopp III
Fred Bopp III answered on Nov 26, 2021

Your question does not contain sufficient facts to provide a complete answer. That said, it sounds like the seller may have breached his or her contract with you and you would be entitled, at least, to a refund of what you paid to the seller. In a conventional breach of contract situation, the most... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Can I refuse to sell my property to certain named individuals (my neighbors) even if they produce a full price offer?

I am planning on selling my house in the near future. I have a poor relationship with my neighbors but they would like to get their hands on my property. I want to ensure they cannot buy my property in any way.

Fred Bopp III
Fred Bopp III answered on Nov 23, 2021

As a general rule, a seller is not obligated to accept an offer (even a full-price, no contingencies offer) from a potential buyer and, as long as you do not refuse an offer based on racial or other forms of illegal discrimination, you should be able to decline to sign a purchase and sale... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can I withhold rent payment if landlord illegal entry/ without proper notice on commercial lease.

Landlord wants to put up brokers marketing sign in our lease space before our lease term expires. Lease does not have the provision that landlord can enter and put up the sign. Can tenant withhold rent payment or charge landlord for usage of leased property (window) for advertising?

Fred Bopp III
Fred Bopp III answered on Nov 10, 2021

The answer to whether your landlord can put up a broker’s marketing sign in your lease space before your lease term expires will likely depend on the language of your lease. It is generally standard for a commercial lease to contain a provision allowing a landlord to do this under certain... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My current landlord and I resigned the lease but never changed the dates on my copy, is my lease still active?

My copy still has the old dates of 11/1/20 to 11/1/2021. They just had me resign but didn’t change any of the dates and it’s 15 days early.. is my lease good or does it technically not start yet?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2021

This question is difficult to answer properly without seeing the lease, but in general, the answer will depend on the intent of the parties in resigning the lease. If you both resigned the lease with the intent to extend the term for the same period, i.e. another year, then your current lease will... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My landlord keeps texting me saying they need to get into the house and giving me a few hours notice at best.

On 2 occasions my landlord has text me saying they need to get the furnace cleaned and asked if I could be at home to do so with a 30 min notice. Is this legal?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2021

Applicable Maine law provides as follows: "A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I have an annoying landlord who enjoys harassing us about our own life decisions.

N/A

Fred Bopp III
Fred Bopp III answered on Oct 19, 2021

I suggest you contact Pine Tree Legal Assistance: https://ptla.org/contact-us#Augusta

Call Us

(207) 622-4731

Mondays 12:00p.m. - 2:30p.m.

Tuesdays 9:00a.m. - 11:30a.m.

Thursdays 9:00a.m. - 11:30a.m.

Visit Us at Our Augusta Office

39 Green...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: After eviction for lease expiration, the tenant owes close to $10,000.00; how can landlord claim,track tenant&collect?

My understanding is that small claim court limit is much less than that in Maine. Do I need a lawyer? How much does it roughly cost?

Fred Bopp III
Fred Bopp III answered on Oct 13, 2021

You are correct about small claims court – the limit is $6,000. If the landlord is an entity, then the general rule is the entity needs to be represented in court by an attorney (it cannot represent itself). If the landlord is a natural person, he or she can represent themselves in court,... Read more »

2 Answers | Asked in Contracts for Maine on
Q: I signed a year lease with a LLC in April. Recently the people that ran the LLC and owned the property sold it.

Do the new owners have to honor my lease if I stay within the lease agreement?

Fred Bopp III
Fred Bopp III answered on Oct 12, 2021

As a general matter, unless your lease contains a provision stating that, upon a sale of the property, the lease can be terminated and you can be evicted, your lease would still be in effect after the sale and the new owners would step in as your new landlord. Yes, the new owners have to honor your... Read more »

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to pay my share of rental if I move before the lease ends and landlord does a walk through?

Signed a year lease on a 2 bedroom and my relationship with my roommate became untenable to where I did not feel comfortable staying there. I told the landlord that I

was going to move but would pay out the lease (two more months). I found another place and the landlord has done a... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 25, 2021

You say, “the manager made it clear I was not required to . . . pay out the lease (two more months).” If that constituted a binding agreement, then you have no legal obligation to pay any more rent.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I paid ( in full) a year long lease and my landlord died. Can the new owner evict before my paid lease is up?

They have already had a sheriff server everyone in nearby units, but we paid the whole year upfront.

Fred Bopp III
Fred Bopp III answered on Aug 24, 2021

The answer will depend primarily if not exclusively on the terms of the lease, but the fact that you paid a year's worth of rent upfront may entitle you to remain in the leased property until the end of that period.

1 Answer | Asked in Real Estate Law for Maine on
Q: Boyfriend and my name on deed but mortgage in my name. If we sell house, does he get money?

He brought no cash to the table and it is all my money. Mortgage is in my name only

Fred Bopp III
Fred Bopp III answered on Aug 17, 2021

I would need to know more facts, but the answer is probably yes because he is a co-owner of the property. An important question is how do the two of you hold title to the property - as tenants in common or joint tenants? You should consult with an experienced Maine real estate lawyer who can review... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: We bought a camp from family. They insisted on having rights to use the property. It isn’t working snd we want to change

We bought the property above appraised value. It allowed his aunt snd uncle (the owners) her two kids and grandchild lifetime use. For up to two weeks. The cousin has basically moved in. If we sell the house to ourselves or a trust can we get them off the use agreement?

Fred Bopp III
Fred Bopp III answered on Aug 15, 2021

I would need to see the agreement before I could provide you with a concrete answer, but based on the facts you have provided, probably not. You would have more success if you could successfully assert that their conduct constitutes a breach of the use agreement, which allows you to terminate that... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 20, 2021

The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... Read more »

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Maine on
Q: How do you set up a trust for your house so the state doesn’t take it?

My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.

Fred Bopp III
Fred Bopp III answered on Jul 13, 2021

This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord evict me after I took back property he stole from me?

I got a pressure washer for free one fall day with the landlords boyfriend. Stored it under the porch to my apartment. boyfriend then took it, told me he threw it away because he thought it was his. He pulled it out of his garage 2wks later asked me to check it over and see what it needed to work.... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 12, 2021

You have not provided enough facts for me to answer your question. For example, do you have a written lease? Did the landlord provide you with a written notice to quit? If so, what did it say?

1 Answer | Asked in Civil Rights for Maine on
Q: I’ve used this shampoo for months how can I be apart of the class action
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Without knowing the shampoo you used, I cannot help you. Please provide the name of the shampoo and I may be able to help you.

1 Answer | Asked in Personal Injury for Maine on
Q: I was injured in a fall in 2018! I tripped going into the hotel! My sneaker caught the metal lip on the entrance!

I broke my shoulder and smashed my rotator cuff! Had a reverse shoulder replacement! I still do not have very good control of my arm! Can I file a claim against the hotel?

Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

You should contact an experienced personal injury lawyer to discuss your situation. Many offer free initial consultations.

1 Answer | Asked in Consumer Law for Maine on
Q: What do I do if I have any of the products in question? Thank you .
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Without knowing "the products in question," I cannot help you. Please specify what they are.

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 257 acres in Maine as Joint Tenants with another couple. We both have our own homes. Can I sell my half
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants... Read more »

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