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Questions Answered by Fred Bopp III
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.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I signed a contract for deed in feb 2017. The "owner" refinanced my house twice since . Wont allow me to pay it off.

Been paying faithfully for almost 3 yrs... including taxes

She did not record our contract, nor does she have the deed. Do I have recourse?

Fred Bopp III
Fred Bopp III answered on Nov 7, 2019

I am sorry, but there aren’t enough facts in your question to allow me to answer it. Perhaps it would be more efficient and helpful for you to call our office at your convenience at 846-6111 and ask for my partner, Cecilia Guecia?

1 Answer | Asked in Real Estate Law for Maine on
Q: Are brokers in Maine obligated to provide a disclosure for known hazardous materials in a bank owned property?

We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.

Fred Bopp III
Fred Bopp III answered on Oct 22, 2019

33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: my dad's estate which is his house has gone into probate. waiting the 4 months to make sure no creditors. If we sell

the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2019

I am sorry for your loss. If the creditor received proper notice under 18-C M.R.S. § 3-801(1), Notice to creditors, and failed to present its claim within 4 months after the date of the first publication of the notice, then this statute provides that creditor’s claim is forever barred. Your... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: If my boyfriend and I are named on a lease and he only signed it does that also make me responsible for payment?

We have moved out of the place and I never signed the lease but he did. Now they want back rent from both of us. Do I have to pay since I didn’t sign the lease?

Fred Bopp III
Fred Bopp III answered on Oct 5, 2019

Generally speaking, if you did not sign the lease, it means the landlord may not be able to pursue a breach of contract claim against you. That said, the landlord would likely have claims against you for unjust enrichment and/or what is called quantum meruit. To establish a claim for unjust... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

1 Answer | Asked in Collections for Maine on
Q: Should I get half the money

A friend and I went together and bought jewelry lots and now she’s sold all of it so I’m asking if I have a right to half the

Money she got since I paid half

Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

Did you have an agreement as to how the proceeds from the sale of the jewelry lots would be split? If so, that would control. If not, I think you would at least have a good argument that, since you provided half of the funds needed to acquire the jewelry lots, you should receive half of the... Read more »

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
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
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
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
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
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
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
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
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
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
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
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 »

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