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Questions Answered by Fred Bopp III
1 Answer | Asked in Real Estate Law for Maine on
Q: I co-own a camp with two family members, all three of our names are on the deed. I can I have them buy me out?

Or sell the camp and split three way?

Fred Bopp III
Fred Bopp III
answered on Jun 8, 2022

Generally speaking, the short answer to your questions is yes, but that answer could be impacted by the terms of the deed conveying the property to the 3 of you, any related documents concerning your joint ownership of the property and its potential sale, and how the three of you hold title to the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the seller supposed to disclose issues with the property when selling it?

I learned from the tenant in the apartment that when it rains bad water runs down his wall from ceiling to floor inside the apartment

Fred Bopp III
Fred Bopp III
answered on May 9, 2022

The short answer is yes, the seller is supposed to complete a Property Disclosure form, which the seller provides to prospective buyers, and that form should contain information about this water issue (assuming it is accurate).

1 Answer | Asked in Real Estate Law for Maine on
Q: In a new development, is the builder required to provide grading and drainage plans to the buyer before signing the PS?

After signing P&S and before grading and drainage plans were shared, swales we’re installed on two sides of the property. 7 months after closing a swale on the 3rd side is now also being installed.

Fred Bopp III
Fred Bopp III
answered on Feb 24, 2022

You should consult with an attorney who has experience in this practice area and can review all the relevant documents. This question cannot be answered effectively in this forum based on the information you have provided.

1 Answer | Asked in Consumer Law, Products Liability and Construction Law for Maine on
Q: East coast carports built 30x70 metal building in maine in Oct 2019. Defective roof supports and it collapsed today

East coast car ports are located in mt airy, NC. our property is in Harrison maine. Defective roof support and they came last year to replace supports and used same exact supports to replace twisted broken supports. We do not know what to do and need advise and direction

Please help

Fred Bopp III
Fred Bopp III
answered on Feb 7, 2022

Hello, I received your voicemail. It looks like I obtained my earlier information from the incorrect website. I suggest you try to contact them at either of these numbers: 336-415-5855 OR 336-755-3409 or by using this email address: eastcoastcarportsnc@gmail.com

This appears to be the...
Read more »

1 Answer | Asked in Banking and Contracts for Maine on
Q: I have a title to a truck with no lein holder on it, bought trk from dealer bank financed, do I own it

Trk is bank financed I've made one payment

Fred Bopp III
Fred Bopp III
answered on Jan 9, 2022

I cannot answer your question without more information. For starters, what do you mean by "with no lien holder on it"?

2 Answers | Asked in Contracts, Consumer Law and Criminal Law for Maine on
Q: If I buy something is it legal for previous owner to sell it to someone else after I have paid them?
Fred Bopp III
Fred Bopp III
answered on Nov 26, 2021

Your question does not contain sufficient facts to provide a complete answer. That said, it sounds like the seller may have breached his or her contract with you and you would be entitled, at least, to a refund of what you paid to the seller. In a conventional breach of contract situation, the most... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Can I refuse to sell my property to certain named individuals (my neighbors) even if they produce a full price offer?

I am planning on selling my house in the near future. I have a poor relationship with my neighbors but they would like to get their hands on my property. I want to ensure they cannot buy my property in any way.

Fred Bopp III
Fred Bopp III
answered on Nov 23, 2021

As a general rule, a seller is not obligated to accept an offer (even a full-price, no contingencies offer) from a potential buyer and, as long as you do not refuse an offer based on racial or other forms of illegal discrimination, you should be able to decline to sign a purchase and sale... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can I withhold rent payment if landlord illegal entry/ without proper notice on commercial lease.

Landlord wants to put up brokers marketing sign in our lease space before our lease term expires. Lease does not have the provision that landlord can enter and put up the sign. Can tenant withhold rent payment or charge landlord for usage of leased property (window) for advertising?

Fred Bopp III
Fred Bopp III
answered on Nov 10, 2021

The answer to whether your landlord can put up a broker’s marketing sign in your lease space before your lease term expires will likely depend on the language of your lease. It is generally standard for a commercial lease to contain a provision allowing a landlord to do this under certain... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My current landlord and I resigned the lease but never changed the dates on my copy, is my lease still active?

My copy still has the old dates of 11/1/20 to 11/1/2021. They just had me resign but didn’t change any of the dates and it’s 15 days early.. is my lease good or does it technically not start yet?

Fred Bopp III
Fred Bopp III
answered on Oct 21, 2021

This question is difficult to answer properly without seeing the lease, but in general, the answer will depend on the intent of the parties in resigning the lease. If you both resigned the lease with the intent to extend the term for the same period, i.e. another year, then your current lease will... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My landlord keeps texting me saying they need to get into the house and giving me a few hours notice at best.

On 2 occasions my landlord has text me saying they need to get the furnace cleaned and asked if I could be at home to do so with a 30 min notice. Is this legal?

Fred Bopp III
Fred Bopp III
answered on Oct 21, 2021

Applicable Maine law provides as follows: "A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I have an annoying landlord who enjoys harassing us about our own life decisions.

N/A

Fred Bopp III
Fred Bopp III
answered on Oct 19, 2021

I suggest you contact Pine Tree Legal Assistance: https://ptla.org/contact-us#Augusta

Call Us

(207) 622-4731

Mondays 12:00p.m. - 2:30p.m.

Tuesdays 9:00a.m. - 11:30a.m.

Thursdays 9:00a.m. - 11:30a.m.

Visit Us at Our Augusta Office

39 Green...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: After eviction for lease expiration, the tenant owes close to $10,000.00; how can landlord claim,track tenant&collect?

My understanding is that small claim court limit is much less than that in Maine. Do I need a lawyer? How much does it roughly cost?

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

You are correct about small claims court – the limit is $6,000. If the landlord is an entity, then the general rule is the entity needs to be represented in court by an attorney (it cannot represent itself). If the landlord is a natural person, he or she can represent themselves in court,... Read more »

2 Answers | Asked in Contracts for Maine on
Q: I signed a year lease with a LLC in April. Recently the people that ran the LLC and owned the property sold it.

Do the new owners have to honor my lease if I stay within the lease agreement?

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

As a general matter, unless your lease contains a provision stating that, upon a sale of the property, the lease can be terminated and you can be evicted, your lease would still be in effect after the sale and the new owners would step in as your new landlord. Yes, the new owners have to honor your... Read more »

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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 »

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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?

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