Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Fred Bopp III
1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to pay my share of rental if I move before the lease ends and landlord does a walk through?

Signed a year lease on a 2 bedroom and my relationship with my roommate became untenable to where I did not feel comfortable staying there. I told the landlord that I

was going to move but would pay out the lease (two more months). I found another place and the landlord has done a... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 25, 2021

You say, “the manager made it clear I was not required to . . . pay out the lease (two more months).” If that constituted a binding agreement, then you have no legal obligation to pay any more rent.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I paid ( in full) a year long lease and my landlord died. Can the new owner evict before my paid lease is up?

They have already had a sheriff server everyone in nearby units, but we paid the whole year upfront.

Fred Bopp III
Fred Bopp III answered on Aug 24, 2021

The answer will depend primarily if not exclusively on the terms of the lease, but the fact that you paid a year's worth of rent upfront may entitle you to remain in the leased property until the end of that period.

1 Answer | Asked in Real Estate Law for Maine on
Q: Boyfriend and my name on deed but mortgage in my name. If we sell house, does he get money?

He brought no cash to the table and it is all my money. Mortgage is in my name only

Fred Bopp III
Fred Bopp III answered on Aug 17, 2021

I would need to know more facts, but the answer is probably yes because he is a co-owner of the property. An important question is how do the two of you hold title to the property - as tenants in common or joint tenants? You should consult with an experienced Maine real estate lawyer who can review... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: We bought a camp from family. They insisted on having rights to use the property. It isn’t working snd we want to change

We bought the property above appraised value. It allowed his aunt snd uncle (the owners) her two kids and grandchild lifetime use. For up to two weeks. The cousin has basically moved in. If we sell the house to ourselves or a trust can we get them off the use agreement?

Fred Bopp III
Fred Bopp III answered on Aug 15, 2021

I would need to see the agreement before I could provide you with a concrete answer, but based on the facts you have provided, probably not. You would have more success if you could successfully assert that their conduct constitutes a breach of the use agreement, which allows you to terminate that... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 20, 2021

The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... Read more »

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Maine on
Q: How do you set up a trust for your house so the state doesn’t take it?

My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.

Fred Bopp III
Fred Bopp III answered on Jul 13, 2021

This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord evict me after I took back property he stole from me?

I got a pressure washer for free one fall day with the landlords boyfriend. Stored it under the porch to my apartment. boyfriend then took it, told me he threw it away because he thought it was his. He pulled it out of his garage 2wks later asked me to check it over and see what it needed to work.... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 12, 2021

You have not provided enough facts for me to answer your question. For example, do you have a written lease? Did the landlord provide you with a written notice to quit? If so, what did it say?

1 Answer | Asked in Civil Rights for Maine on
Q: I’ve used this shampoo for months how can I be apart of the class action
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Without knowing the shampoo you used, I cannot help you. Please provide the name of the shampoo and I may be able to help you.

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.