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Questions Answered by Fred Bopp III
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 »

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 »

1 Answer | Asked in Real Estate Law for Maine on
Q: House Sale dilemma

My mom is trying to sell her house located in maine. There is a buyer and a 3rd party that is going to get a finders fee of $50000 because house is under contract for $140000. When she signed the contract she was told the 3rd party was going to buy house for $90000 if a buyer wasnt found, but their... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

Generally speaking, the terms of the agreement will govern, and it is impossible for me to answer your question without reviewing the agreement. That said, if your mother is age 60 or older, she is an elder and elders have certain protections under state and federal law. You should consult with an... Read more »

1 Answer | Asked in Contracts for Maine on
Q: Hi, I signed a purchase and sale agreement on June 24th - land only - State of Maine- and I have buyer's remorse and

want out of it. Do I have a "grace period" in which to retract the offer?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

The answer will depend on the terms of the purchase and sale agreement. Does it allow for the retraction of your offer? Also, there should be a section concerning termination of the agreement, which should list the allowable circumstances for termination. Assuming it does, then you would need to be... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My partner died after 34 years living together I wasn't on the will.

My partner has two properties one in Maine and one in Florida

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

If you and your partner were either married or registered domestic partners under Maine law, then you likely have certain rights under Maine law, despite the terms of the will. If not, then unfortunately you likely do not have any such rights. You should consult with an experienced estate planning... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: My Mother lives in Maine, in her will she is going to sell her house to a "friend" for a very reduced rate.

He is now saying every improvement he did on the house while she has been living there he wants taken off the sale price that is in the will is that legal?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

He cannot dictate the sale price for her house in the will; your mother provides the sale price. That said, he may be able to argue successfully that he is entitled to an offset or credit for the improvements he made to her house against the sale price, but if your mother knows how much of an... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a camp on Little Sebago with my brother. He wants to sell, I don’t. We have offered him half of assessed value.

He Wants full current market value, which I can’t afford. What aren’t options.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

Ok, so you mean he wants you to buy out his interest at full current market value. Now I get it. You can make a counteroffer. You can point out if he has to file a partition action, those costs would be deducted from the sale proceeds. Also, if you both hired a real estate agent to sell the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My brother wants to sell a lake property we own together. What are my rights?

I want to keep the property. He wants to get the highest sale price. I can't afford to go over a specific amount. He insists we sell to get highest market value. What are m rights?

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

I am sorry, but I am confused by your question. What do you mean by "I can't afford to go over a specific amount"?

If the dispute boils down to he wants to sell the property, but you do not, as a co-owner, you can refuse to sign a listing agreement or a deed to a potential...
Read more »

1 Answer | Asked in DUI / DWI for Maine on
Q: I was subpoenaed to testify over a year ago, court was cancelled due to covid. Now it's on docket for next week

And I havent been subpoenaed again, but lawyer called and said I had to go.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.

1 Answer | Asked in Real Estate Law for Maine on
Q: This would be a question about Maine real estate contract law.

The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.

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

The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Maine on
Q: i have a situation that above me another tenant is doing drugs and pot,and it has made me sick and my cat sick

i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?

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

I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »

1 Answer | Asked in Foreclosure for Maine on
Q: What does a non-profit road association who have liens on a property if they receive notice of a lawsuit from the bank

Federal Home Loan Mort. Corp.

Fred Bopp III
Fred Bopp III answered on Jun 3, 2021

You have not provided enough information for me to respond with a complete answer. For example, did the non-profit road association place liens on the property after the bank’s mortgage was already in place on the property? If so, then it sounds like the non-profit road association is a party in... Read more »

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Fred Bopp III
Fred Bopp III answered on May 18, 2021

This is not my area of expertise, but if you are interested in exploring these issues further with a Maine attorney, my partner, Cecilia Guecia, practices in both of these areas (estate planning and family law) and I am sure she would be happy to have an initial discussion with you about your... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, does majority rule on selling a property if 1 owner doesn't agree? There is nothing in the deed saying "yes"

We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?

Fred Bopp III
Fred Bopp III answered on Apr 26, 2021

The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: A false lien was filed on property of our charity corporation. I need someone just request dismissal by the court.

A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... Read more »

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

I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My husband has a mortgage on our house and his mother had to be a co borrower. She has since abandoned the house

She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?

Fred Bopp III
Fred Bopp III answered on Apr 7, 2021

As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.

As far as her...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: Maine stop and identify laws?

I am trying to determine whether Maine has any stop and id laws

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

Yes, Maine does. See 17-A M.R.S. § 15-A.

P.S. This is a criminal law question, not civil litigation.

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