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Questions Answered by Fred Bopp III

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maine on

Q: I'm buying a modular lot model. 2 months since mortgage finalized and home not delivered as promised. What can I do?

When we started the process we agreed to buy the display model because we were promised a fast turnaround before school starts. Now they are saying it won't be until next week after 2 months of struggling to even get a date scheduled. They had originally said the week of August 19th but never... Read more »

Fred Bopp III answered on Sep 10, 2019

Assuming you have a written contract with the seller of the modular home, typically the terms of that contract would govern your available rights and remedies under the circumstances.

1 Answer | Asked in Consumer Law for Maine on

Q: Do I have to sign a home warranty form declining coverage in order to close on a house in Maine?

The seller's real estate agent is insisting we sign a form declining coverage from American Home Shield, saying we can't close until we sign the document. It seems odd, if this is required, then wouldn't the lender request it? She's been a liar through this entire process so we don't trust her.

Fred Bopp III answered on Sep 5, 2019

That doesn't sound right to me. I would contact your lender and ask them if they are requiring you to sign that form as a condition of closing. If they are not, then I would ask the seller's real estate agent on what basis she is insisting you sign that form.

1 Answer | Asked in Real Estate Law for Maine on

Q: My family inherited a piece of property that we do not want. Can we simply stop paying taxes and abandon the property?

The right of way is contested.

The property has no utilities.

The neighbors are horse's behinds.

Property is in Acton, Maine

Fred Bopp III answered on Sep 4, 2019

The short answer is, if you stop paying the taxes, ultimately the Town of Action will record a tax lien and then foreclose on that lien, taking ownership of the property. Why wouldn't you at least consult with a real estate broker and see if the property is worth trying to sell?

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on

Q: My boyfriend told me that he bought a house through a bank with installments I don’t know if the bank owns the house

Or the bank just gave him a loan and then he told me that the bank sold it to a brokerage company and he will continue paying to the company and then the company asked for higher price for the house and I don’t think it’s a true story

Fred Bopp III answered on Sep 1, 2019

I am sorry, but your question does not contain enough factual information to allow me to answer it.

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

Q: If i bought a house through the bank with installments can the bank sell it to brokerage company ?

And is it legal for the brokerage company to ask for higher price than i bought it from bank

Fred Bopp III answered on Aug 29, 2019

I am sorry, but your question does not contain enough factual information to allow me to answer it. Can you explain in more detail what you mean by "bought a house through the bank with installments"? Also, how did "the bank sell it to brokerage company"?

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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 »

Fred Bopp III answered on Aug 22, 2019

Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

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1 Answer | Asked in Real Estate Law for Maine on

Q: modular home on full foundation is in my name and I pay taxes but on in laws property. What are my rights if she sells?

We have been living here since 1993 but our home is on my in laws property. We have been paying a portion of their land taxes and our property taxes and maintaining the property since then. Family is feuding and land possibly being sold or foreclosed on, we don’t know what to do and need to know... Read more »

Fred Bopp III answered on Aug 21, 2019

I am sorry, but you are asking a very broad question and there aren’t enough facts provided to answer it. This is potentially a very complex situation. I would suggest you consult with a qualified real estate attorney to obtain some advice specific to your situation.

1 Answer | Asked in Real Estate Law, Lemon Law and Small Claims for Maine on

Q: I purchased a mobile home. In Maine to be moved to nh. During the process of getting a mover.

During the process of getting a mover. They moved I to another part of there property. I since had two moving companies tell me it's not movable. I told the people I bought the trailer from that I can't move it so I need my money back and they are telling me no. Well just bought the trailer... Read more »

Fred Bopp III answered on Aug 18, 2019

If you have a written agreement with the seller for the purchase of the mobile home, that should be consulted first. If there is no written agreement or if there is one, but the written agreement fails to address this situation, did you explain to the seller before you purchased the mobile home... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: Do I have to pay capital gains on property sold if I use the funds to purchase a different home?

I am joint owner of my deceased parents home.

Fred Bopp III answered on Aug 14, 2019

This question seeks tax advice, which means you would want to consult with a qualified tax attorney or an accountant. Also, the answer to this question will be fact-specific. There may be options available to you to avoid having to pay capital gains tax in your situation, but that will depend on... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Maine on

Q: Can a landlord charge you both a $25 monthly pet fee as well as $250 pet deposit?

Tenants in the state of Maine with no current lease agreement.

Fred Bopp III answered on Aug 8, 2019

Generally speaking, if you are a tenant without a written lease in Maine, you are what is called a “tenant at will,” which typically means your rights are defined and specified by Maine statutes and applicable case law. I am not aware of any Maine statutory prohibition against a landlord... Read more »

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1 Answer | Asked in Landlord - Tenant for Maine on

Q: Evict a tenant at will after complaints from the two other tenants living in the house.

Three tenants at will living in the same house. They have a co-tenant agreement between them. I have received multiple complaints from two of the tenants about the other individual for missing items and not helping with any chores around the house. I'm not sure weather I should evict the one tenant... Read more »

Fred Bopp III answered on Jul 27, 2019

Under Maine law, to evict a tenant at will for causing a nuisance within the premises, you will first need to provide a 7-day Notice to Quit (which must conform to the statutory guidelines) terminating the tenancy at will. As landlord, you will need to show, by affirmative proof, that the tenant... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on

Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal? How... Read more »

Fred Bopp III answered on Jul 18, 2019

I would need to know more facts in order to give you a complete answer, but I can tell you that, typically under Maine law, a landlord or owner of property cannot forcibly evict a person from that property against their will without obtaining a court order (which typically requires notice and a... Read more »

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1 Answer | Asked in Contracts for Maine on

Q: I have a verbal agreement to pay a car for 1 year on time then I won’t need to finish out the pay. But now he wants meto

One year ago I made a verbal agreement I would pay one year on a car he purchased with a secured loan. I made the payments on time for one year, but now he’s bullying and harassing me saying I need to finish paying out the adorations two years. The car was $3500, and I held my end of the verbal... Read more »

Fred Bopp III answered on Jul 18, 2019

Verbal agreements can be enforceable under many circumstances, and this may be one of those situations, but the problem you are facing is the primary issue with verbal agreements. If there is a dispute over the agreement, then you need to prove the terms of the agreement with testimony (because... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: What rights do I have if a restaurant is encroaching on my property?

It was not disclosed when I bought my home that the Chinese restaurant was encroaching on my property, however, I figured it out quickly and if fact it states on my deed that they are encroaching on my property. I have been trying to deal with this for 23 years with no luck. There is now a new... Read more »

Fred Bopp III answered on Jul 7, 2019

You’re going to need to get a survey done to determine the proper boundaries of your property, so your first step will be to figure out how you can afford to pay for one. Have you shopped around to compare prices?

1 Answer | Asked in Real Estate Law for Maine on

Q: Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?

The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The... Read more »

Fred Bopp III answered on Jun 25, 2019

The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on

Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.

I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer place because we... Read more »

Fred Bopp III answered on Jun 23, 2019

I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: my sisiter owns a home in Fla. she would like to put me on the deed, I live in Maine . Do I need to physically be there

Fred Bopp III answered on May 30, 2019

I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.

1 Answer | Asked in Landlord - Tenant for Maine on

Q: Can my landlord increase my rent in the middle of a lease?

Can I withhold rent if there are issues with my apartment that arent being fixed?

Fred Bopp III answered on May 27, 2019

You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: As a PR, how do I go about conveying my mother's house to my sister?

She is named in the will but I don't know what is needed for her to actually own the house.

Fred Bopp III answered on May 24, 2019

The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her... Read more »

2 Answers | Asked in Banking for Maine on

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

I went into the bank second day and reported, they investigated, first I got a letter said I am not responsible, then I got another letter said I am responsible for it, plus he open checking on my name and deposited $1000 into the account and Then transferred money out. It took the bank along time... Read more »

Fred Bopp III answered on May 4, 2019

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?

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