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Questions Answered by Fred Bopp III
1 Answer | Asked in Real Estate Law for Maine on
Q: I have a second home in Maine and a neighbor wants to buy it; do we have to list it in the MLS if we agree?

We would like to sell our home privately to an interested neighbor for the price they offered. We know we need a closing attorney, but do we need to list in the MLS?

Fred Bopp III
Fred Bopp III answered on Mar 31, 2020

No; you do not need to list on MLS. A private sale is perfectly fine. Listing on MLS will expose your home to a broad pool of potential buyers, which may or may not result in a higher selling price, but it is not mandatory. Good luck!

1 Answer | Asked in Real Estate Law for Maine on
Q: I closed on a house in Hartford Me. It required flood insurance This was set up and money given for escrow

They then asked for more money after closing can they do this? Kate

Fred Bopp III
Fred Bopp III answered on Mar 11, 2020

Not to answer your question with a question (or two), but what needed to be paid such that they asked you for more money after closing and who is "they"?

3 Answers | Asked in Real Estate Law and Probate for Maine on
Q: what type of deed do i have ???

My wife and I built a house in the state of Maine . She died,no will. The deed has her name and mine on it. We did not put jt or tic on the deed. In Maine if your spouse dies, the deed would go to me as survivor. But the county told me I can not put it in my name because it does not say joint... Read more »

Fred Bopp III
Fred Bopp III answered on Mar 8, 2020

From the facts as you state them, the deed created a tenancy in common between you and your wife, because that is the default rule in Maine unless the deed states otherwise. What this means is, when she died, her property share passed to her heirs rather than to you as the surviving tenant, so you... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Without my consent or knowledge someone built a complete house on my property in Belfast, MA. Who owns it now ?

Purchased 10 acres of land 17 years ago for a future retirement home I plan to build in 4 years. I live in PA currently. I've been paying taxes on the land for 17 years. Someone built an entire home on my property just feet from the property line.

Once the builder and hopeful homeowner... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 29, 2020

The folks who built the home own the home, but they are trespassing on your property, so you would have the ability to bring a lawsuit seeking to compel them to move the home off your property and restore your property to the condition it was in prior to them building the home. Another possible... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I invested money with my uncle now he will not give me my money what can I legally do?

My mother passed away and left her life insurance to my uncle to distribute to us kids. The money was distributed to each kid and he then asked if I would like to invest with him in an account since he can get a higher rate of return and I agreed to invest. He will now not give me the money because... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 29, 2020

The answer depends on what your agreement was with your uncle when you agreed to invest with him. If you have the right to request your money back at any time, then you can likely sue him in an effort to force him to give it back to you.

2 Answers | Asked in Estate Planning for Maine on
Q: What is the age requirement for a person to be counselled by an elder care lawyer?
Fred Bopp III
Fred Bopp III answered on Feb 10, 2020

There is no age requirement, so to speak. One can begin planning for elder law issues, depending on what those issues are, early on in life, if that makes sense. We do provide elder law services and would be happy to speak with you further. www.boppguecia.com

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Maine on
Q: Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?

My girlfriend and her mother both had their names on a mortgage for her trailer. It was paid on decently from 2015 to the end of 2018 when her mother passed away. Afterwards we spent a couple months trying to contact the company we paid mortgage to, which in turn caused us to talk to the owner. We... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 9, 2020

I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: If i can get a fax # I could send it for review. I live in California so its 3 hrs different.
Fred Bopp III
Fred Bopp III answered on Jan 30, 2020

My fax # is (413) 702-3124. My email is fbopp@boppguecia.com. Please email me so I have your email address. We will need to run a conflict check, which I can explain further via email. Thank you.

1 Answer | Asked in Real Estate Law for Maine on
Q: We purchased a house in maine and want to close by April 30th 2020. Sellers are trying to stop us

We were to close in April 2020 but seller wants to wait till June and plus wants $3000.00 to prove we want it.

Fred Bopp III
Fred Bopp III answered on Jan 29, 2020

If you have a purchase and sale agreement, reviewing that will be a good place to start in looking for an answer. I would be happy to review it and advise you.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord told me i was gonna be served by the sheriff and then told me no messing around.

My rent is due the 1st of the month. I sent my check out and it must of gotten lost in the mail. So the landlord emailed me and said " As of yesterday, December 11, I had not received rent for the month of December 2019 which was due on December 1. Pursuant to your lease, you are now also... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 9, 2020

No, this is not harassment, but there are several potential issues here. One you may want to explore is, assuming this is a residential lease, the maximum late fee for rent not paid within 15 days after it is due is 4% of one month's rent. So, if your rent is $950 per month, the late fee cannot... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maine on
Q: Hello my name is Ashley, I asked Aaron’s to get there stuff 6 months ago and they have not can I legally keep it?

Aaron’s closed its rockland maine shop and I asked them to get there stuff Because I was selling the house and they said they didn’t want to cause they are closing to and to ask another Aaron’s company to collect it so we did and basically got the run around anyways I have received many calls... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 25, 2019

If you have a landlord/tenant situation, you want to review this: https://www.mainelegislature.org/legis/statutes/14/title14sec6013.html

If not, I suggest you review this: https://www.maine.gov/treasurer/Maine%20UP%20Reporting%20Manual.pdf

If this was a rental-purchase situation,...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Did I rightfully deduct for damages from a tenant who took over ownership from her grandmother?
Fred Bopp III
Fred Bopp III answered on Dec 8, 2019

In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My boyfriend is going to be charged with a disorderly conduct

We live in state housing and he is on the lease can the landlord kick him out?

Fred Bopp III
Fred Bopp III answered on Nov 25, 2019

You need to look at the terms of your lease.

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I filed a summons with notice in NY.Defendant ignored Summons & filed complaint in Maine based on same dispute.allowed?

The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 20, 2019

The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000 inhabitants may not be... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: If someone owed 2 months back rent does the landlord have to give back the deposit?

I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to give someone renting a room in my house a key to my garage?

My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 12, 2019

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

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