Questions Answered by Fred Bopp III

Q: I had a fraudulent charge ( somebody took money out online as cash advance), I got message from Bank Of America.

2 Answers | Asked in Banking for Maine on
Answered on May 4, 2019
Fred Bopp III's answer
I am sorry, but I do not have sufficient information to answer your question. At a minimum, I would need to review a copy of your account agreement and copies of the two letters you received. Also, how much money have you lost at this point?

Q: We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on May 2, 2019
Fred Bopp III's answer
To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?

That said, and subject to the terms of your lease, I would say driving by our house at a crawl, while annoying, is probably ok unless it gets to the point of harassment. Walking around your yard without your permission sounds to me like it would typically...

Q: Can I counter a low ball offer on my home and land with several options for the buyer? I am in Maine.

1 Answer | Asked in Real Estate Law for Maine on
Answered on Apr 27, 2019
Fred Bopp III's answer
The answer is yes, but you should also understand that any counter you make will be deemed a rejection of the offer you received.

Q: real estate q. / 2011 divorce & family land?

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Answered on Apr 24, 2019
Fred Bopp III's answer
My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

Q: Do I have to give a customer back money on an overpaid check. (Private sale)

2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Answered on Apr 14, 2019
Fred Bopp III's answer
I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the extra money. Why don’t you reach out to him, point out the fact that you think he overpaid, and see what he says in response?

Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!

1 Answer | Asked in Appeals / Appellate Law for Maine on
Answered on Mar 30, 2019
Fred Bopp III's answer
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.

Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information

1 Answer | Asked in Civil Litigation for Maine on
Answered on Mar 14, 2019
Fred Bopp III's answer
Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.

Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?

1 Answer | Asked in Real Estate Law for Maine on
Answered on Feb 25, 2019
Fred Bopp III's answer
I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?

Q: Got evicted on a lease rent do they have to go threw the court if we dont leave

1 Answer | Asked in Civil Litigation for Maine on
Answered on Feb 22, 2019
Fred Bopp III's answer
The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.

Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix

1 Answer | Asked in Real Estate Law for Maine on
Answered on Feb 12, 2019
Fred Bopp III's answer
I would suggest that you collect all your important documents and other information on this and schedule an appointment to sit down with an attorney who practices in this area to determine if she or he can help you. My partner, Cecilia Guecia, practices in this area, if you are interested in reaching out to her ((207) 846-6111).

Q: Blasting within 1.5 miles of home- in disclosure?

1 Answer | Asked in Real Estate Law for Maine on
Answered on Feb 10, 2019
Fred Bopp III's answer
A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ." The question is would this cover the dust and/or emission of mercury. I think most real estate agents would answer both questions with a "no," but reasonable minds could differ.

Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on Feb 4, 2019
Fred Bopp III's answer
I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law. If you are current in paying your rent (and cause does not exist for a 7-day notice of termination of your tenancy), then your tenancy at will must be terminated by a minimum of 30 days’ notice,...

Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on Jan 29, 2019
Fred Bopp III's answer
Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.

Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on Jan 26, 2019
Fred Bopp III's answer
I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?

Q: Maine real estate contract and seller disclosure requirements.

1 Answer | Asked in Real Estate Law for Maine on
Answered on Jan 20, 2019
Fred Bopp III's answer
For a transaction of this magnitude, you really should consult with a lawyer so that you can get a more complete answer. I can tell you that, under Maine law, a seller agent has a duty to a buyer to “disclose in a timely manner to a prospective buyer all material defects pertaining to the physical condition of the property of which the seller agent knew or, acting in a reasonable manner, should have known.” 32 M.R.S. § 13273(2)(A). Are any of the issues you mention “material defects...

Q: Bought a property with a person. Both names on title then the other person moved out and are pushing to buy them out.

1 Answer | Asked in Real Estate Law for Maine on
Answered on Jan 20, 2019
Fred Bopp III's answer
This is a complicated situation and I would need more facts to give you a more complete answer. If you can sell the home, and that would solve the issue, then that may well be your simplest solution.

Q: I need to remove squatters from my cabin located on leased land in the unorganized territories of Maine.

2 Answers | Asked in Contracts and Criminal Law for Maine on
Answered on Jan 14, 2019
Fred Bopp III's answer
I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us

Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Answered on Jan 13, 2019
Fred Bopp III's answer
I am sorry, but I do not understand your question. Could you try filling in more details?

Q: A payee was appointed to manage my finances because I was scammed. How do I get control of my finances again?

1 Answer | Asked in Banking for Maine on
Answered on Jan 1, 2019
Fred Bopp III's answer
Hello,

I am not sure this is a banking question but, in any event, it would be helpful to have some additional information. Who is the payee that is handling all of your finances currently? How was that person appointed? Have you spoken to him or her about whether you can again control your own finances? If so, what did he or she say?

Fred Bopp

Q: If my dad died without a will, can the probate court designate me as the executor?

2 Answers | Asked in Probate for Maine on
Answered on Dec 6, 2018
Fred Bopp III's answer
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.

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