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Questions Answered by Elliott R. Teel Esq

2 Answers | Asked in Contracts and Real Estate Law for Maine on

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Elliott R. Teel Esq answered on Aug 23, 2019

I agree with Fred, but further, if the agreement was prepared in accordance with Maine's land installment contracts law, they can't simply evict you. I would suggest having an attorney review the agreement to clarify your rights.

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1 Answer | Asked in Land Use & Zoning for Maine on

Q: What are the rules about people walking on a beach that's owned by a private landowner?

Elliott R. Teel Esq answered on May 13, 2018

If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maine on

Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?

The buyer has a 30-day contract to buy the house..the title work was begun a month before his contract was signed. There is a 'gap in ownership' that the title company says is not an easy fix. They claim it could drag on for awhile. The owner is doing nothing to repair the title and obviously never... Read more »

Elliott R. Teel Esq answered on Feb 22, 2018

More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.

Depending on the problem with the title, it may not be worth exercising your option right now.

1 Answer | Asked in Land Use & Zoning for Maine on

Q: Are some properties zoned for both commercial and residential use or do you usually need to apply for one or the other?

Elliott R. Teel Esq answered on Aug 16, 2017

Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.

1 Answer | Asked in Contracts and Collections for Maine on

Q: Maine-I filed small claims action 4 breach of contract re: dog breeding, I won, Defendant did not pay judgement $6000 by

deadline, had been given means 2 do so by courts in ruling by selling pups in her possession awarded 2 plaintiff 2 be placed from defendants residence due 2 health concerns. I then filed a contempt case & won. Defendant ordered 2 pay $1000 what they claimed they had left after spending rest... Read more »

Elliott R. Teel Esq answered on Jun 16, 2017

Sounds like you have done a good job so far. I would say do a disclosure hearing and request all their financials - bank statements, tax returns, debts, and business P&L statements. Then the court can set a payment plan or a deadline for full payment, again enforceable by a contempt action.

1 Answer | Asked in Contracts and Construction Law for Maine on

Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?

Elliott R. Teel Esq answered on May 16, 2017

The answer may depend on if the contract says anything about how disputes are handled (there may be a mediation or arbitration clause). If it does not say anything, then depending on the amount that is in dispute, you can to either go to small claims court or to the district court to pursue them.... Read more »

1 Answer | Asked in Banking for Maine on

Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ

from state to state?

Elliott R. Teel Esq answered on May 1, 2017

Most consumer banking laws are federal. There will be variations from state to state, but not significant for most people, with some differences if it is a commercial account or loan. A major exception is foreclosure procedure, which is more a property law than financial, and will vary... Read more »

1 Answer | Asked in Land Use & Zoning for Maine on

Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?

Elliott R. Teel Esq answered on Apr 28, 2017

Generally the environmental laws that apply to the property won't change, but if your use changes then there would likely be ones that are no longer applicable, while there may be others you would need to comply with. The laws will apply based on your actual use. The town's zoning laws will also... Read more »

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