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Questions Answered by Fred Bopp III
1 Answer | Asked in Contracts for Maine on
Q: A buyer signed a contract to pay for equipment but he stopped paying can I put a lien on his property if he doesn't pay?

The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... Read more »

Fred Bopp III
Fred Bopp III
answered on Mar 21, 2023

You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord ask for more security deposit without proof that repairs have cost more than you deposit after signing

Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$

Fred Bopp III
Fred Bopp III
answered on Feb 26, 2023

The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can another tenant put up a camera in a shared back yard? Nothing in lease. What forms do I need to sue?
Fred Bopp III
Fred Bopp III
answered on Feb 19, 2023

I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: How long does it take the Maine Supreme court to confirm an appeals opinion once oral arguments and briefs are submitted

Estate probate appeal by a party with a document already declared invalid by a lower court.

Fred Bopp III
Fred Bopp III
answered on Feb 18, 2023

It varies widely. It can take perhaps as little as a month or up to a year or more. I would not expect a ruling for several months at least.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Maine on
Q: Can a tenant put up a camera that is shared by two separate tenants. Is it a privacy issue?

I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?

Fred Bopp III
Fred Bopp III
answered on Feb 17, 2023

Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?

As a general matter, the first place to look for...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord options if they miss required window to notify tenant of increase in rent

As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... Read more »

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2023

It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2022

I agree with Attorney Denison's answer. The only thing I would add is you could always contact the lender, explain the situation, and see if they will remove you from the loan under any set of circumstances.

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1 Answer | Asked in Contracts for Maine on
Q: What if the realtor forgot to put in the contract a contingency addendum that the seller needs to find a home first.

The seller told the realtor for the buyer that there was a mistake made. The buyers realtor stated that they were sorry for the mix up but they were going to force a closing date.

Fred Bopp III
Fred Bopp III
answered on Nov 15, 2022

Then it is not part of the contract.

1 Answer | Asked in Real Estate Law and Military Law for Maine on
Q: What can I go for as far as damages when a seller fully breaches a contract for a home sale?

Sellers home loan fell through on their home purchase, however, our contract to buy had no contingency about the seller purchasing a home. We were unaware they were waiting to purchase one. Seller did not show up to closing, and informed us just an hour before our final walk through they were... Read more »

Fred Bopp III
Fred Bopp III
answered on Jul 19, 2022

Depending on the terms of your Purchase and Sale Agreement, and assuming the sellers have breached that Agreement, you have two general options to consider pursuing, which are mutually exclusive. First, you can seek the return of your earnest money deposit. Additionally, you can seek money damages... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: How do I get beneficiary of estate to vacate the property?

I am legal representative and other beneficiary. It was stated in the will that the property would be sold upon death. I am starting the sale of the property and need her out in 30-45 days. How do I get her out.

Fred Bopp III
Fred Bopp III
answered on Jul 7, 2022

To properly answer your question, I would need to review the terms of the will. You may need to pursue an eviction action, which can be complicated. You should consult with an experienced attorney.

1 Answer | Asked in Divorce and Civil Litigation for Maine on
Q: Do I have to split my money from selling the house with my ex husband?

My ex husband and I got a divorce several years ago. In the divorce degree, it said that I had to pay him $8000 for real estate, $4100 for a vehicle, and $2500 for lawyer fees. $8000 was paid so far and there is documentation for that. I am just now selling my house and was going to pay him the... Read more »

Fred Bopp III
Fred Bopp III
answered on Jul 5, 2022

The answer will likely depend on the terms of your divorce decree. You would be well advised to have a qualified attorney review it and advise you.

1 Answer | Asked in Real Estate Law for Maine on
Q: I co-own a camp with two family members, all three of our names are on the deed. I can I have them buy me out?

Or sell the camp and split three way?

Fred Bopp III
Fred Bopp III
answered on Jun 8, 2022

Generally speaking, the short answer to your questions is yes, but that answer could be impacted by the terms of the deed conveying the property to the 3 of you, any related documents concerning your joint ownership of the property and its potential sale, and how the three of you hold title to the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the seller supposed to disclose issues with the property when selling it?

I learned from the tenant in the apartment that when it rains bad water runs down his wall from ceiling to floor inside the apartment

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

The short answer is yes, the seller is supposed to complete a Property Disclosure form, which the seller provides to prospective buyers, and that form should contain information about this water issue (assuming it is accurate).

1 Answer | Asked in Real Estate Law for Maine on
Q: In a new development, is the builder required to provide grading and drainage plans to the buyer before signing the PS?

After signing P&S and before grading and drainage plans were shared, swales we’re installed on two sides of the property. 7 months after closing a swale on the 3rd side is now also being installed.

Fred Bopp III
Fred Bopp III
answered on Feb 24, 2022

You should consult with an attorney who has experience in this practice area and can review all the relevant documents. This question cannot be answered effectively in this forum based on the information you have provided.

1 Answer | Asked in Consumer Law, Products Liability and Construction Law for Maine on
Q: East coast carports built 30x70 metal building in maine in Oct 2019. Defective roof supports and it collapsed today

East coast car ports are located in mt airy, NC. our property is in Harrison maine. Defective roof support and they came last year to replace supports and used same exact supports to replace twisted broken supports. We do not know what to do and need advise and direction

Please help

Fred Bopp III
Fred Bopp III
answered on Feb 7, 2022

Hello, I received your voicemail. It looks like I obtained my earlier information from the incorrect website. I suggest you try to contact them at either of these numbers: 336-415-5855 OR 336-755-3409 or by using this email address: eastcoastcarportsnc@gmail.com

This appears to be the...
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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 »

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