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Questions Answered by Fred Bopp III
1 Answer | Asked in Real Estate Law for Maine on
Q: Looking for case re: a piece of property must be defined in such a way that it can be located on the face of the earth.

I seem to remember having once seen such a case but now I can't find it. If a deed is so vague that the parcel of land can't be located, and abutters cannot know where their property line is, is the deed valid? For example, "a certain right of way in a general westerly direction... View More

Fred Bopp III
Fred Bopp III
answered on Feb 15, 2024

Here is one such Maine case, which cites three other decisions:

"The description must be such as to enable a person to identify the real estate and to apply the description to the face of the earth. The description of the real estate must be certain or refer to that by which it can be...
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1 Answer | Asked in Consumer Law for Maine on
Q: This may sound silly.. but last month I placed an order on Walmart.com and they weren't able to deliver it...

So I had to cancel it. We'll it's now been over 2 weeks and they still won't give me back my full refund. I contact them nearly every day, but they keep saying "rest assured, it will be back on in 24/48 hours" while in the meantime.. I have had to go without food because... View More

Fred Bopp III
Fred Bopp III
answered on Oct 3, 2023

You should contact the Consumer Protection Division of the Office of the Maine Attorney General at (207) 626-8849 or (800) 436-2131 – toll-free in Maine.

The consumer information and mediation service accepts calls Monday through Thursday, from 9:00 – 12:00.

Best of luck. I know...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: How do we stop our landlord from pressuring us to sign a settlement agreement?

Our landlord is afraid we are going to sue him for damages related to mold on the property that has made us sick. We have made it very clear to him and to his insurance company that we aren’t seeking legal action, but he is insisting that we sign a settlement agreement that we are not comfortable... View More

Fred Bopp III
Fred Bopp III
answered on Sep 12, 2023

You do not need to cite any specific Maine or federal regulation. The simple response is you cannot be compelled to enter into a settlement agreement in these circumstances, especially if you are not comfortable with it. A settlement is a voluntary agreement, so if you do not agree, then there is... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Seller in ME accepts a new offer before the expiration of the counter offer deadline that they gave to a different buyer

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 19, 2023

I previously responded as follows: The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Is this legal?? Desperate for answers

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 18, 2023

The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before it is accepted by the offeree, but... View More

1 Answer | Asked in Construction Law for Maine on
Q: Can I issue a mechanic lien?

I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back?

Fred Bopp III
Fred Bopp III
answered on Aug 18, 2023

Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or... View More

1 Answer | Asked in Contracts for Maine on
Q: A buyer signed a contract to pay for equipment but he stopped paying can I put a lien on his property if he doesn't pay?

The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... View More

Fred Bopp III
Fred Bopp III
answered on Mar 21, 2023

You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord ask for more security deposit without proof that repairs have cost more than you deposit after signing

Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$

Fred Bopp III
Fred Bopp III
answered on Feb 26, 2023

The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can another tenant put up a camera in a shared back yard? Nothing in lease. What forms do I need to sue?
Fred Bopp III
Fred Bopp III
answered on Feb 19, 2023

I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Maine on
Q: Can a tenant put up a camera that is shared by two separate tenants. Is it a privacy issue?

I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?

Fred Bopp III
Fred Bopp III
answered on Feb 17, 2023

Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?

As a general matter, the first place to look for...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord options if they miss required window to notify tenant of increase in rent

As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... View More

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2023

It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2022

I agree with Attorney Denison's answer. The only thing I would add is you could always contact the lender, explain the situation, and see if they will remove you from the loan under any set of circumstances.

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1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?

The property is in central Maine and has easement with Maine Farmland Trust.

Fred Bopp III
Fred Bopp III
answered on Dec 6, 2023

Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.

1 Answer | Asked in Real Estate Law for Maine on
Q: What are our options if we are sued to complete a contract to purchase?

We made an offer on a nice off grid camp that we liked, mostly because it had a bathroom & shower. During the inspection it was discovered that condos are going in behind, there is a crazy neighbor, & parties. Doubts surfaced, and also loan offered wasn't the loan outlined in the... View More

Fred Bopp III
Fred Bopp III
answered on May 15, 2023

Typically, the form parties sign to terminate a Purchase & Sale Agreement contains language providing for mutual releases of all claims. Assuming that is the case, you should have a complete defense if you are sued to complete the purchase under the Purchase & Sale Agreement.

1 Answer | Asked in Real Estate Law for Maine on
Q: Does a security deposit get returned upon end of lease, or end of vacating the building?

I am moving and my roommate isn't (lease ends 4/30/23). He is starting a new lease with new roommates. The management company claims I will not be receiving my part of the security deposit back,and that we still owe this last months rent that we had paid upon signing the lease, due to... View More

Fred Bopp III
Fred Bopp III
answered on Apr 7, 2023

You should review the terms of the lease, which should specify when, under what circumstances, and how the landlord will return the security deposit.

1 Answer | Asked in Construction Law and Small Claims for Maine on
Q: Insurance claim after small claims court

I took a contractor to small claims due to faulty work. He did submit a claim with his insurance but denied responsibility. Insurance said they can't do anything until judgement. I requested judgement for the money I paid him (I didn't know I was supposed to submit damages then). I did... View More

Fred Bopp III
Fred Bopp III
answered on Mar 29, 2023

I don't see why not. Does the judgment you received indicate how much the Defendant owes you? I am not sure what you mean by you "didn't get payment for the cost of them."

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: How long does it take the Maine Supreme court to confirm an appeals opinion once oral arguments and briefs are submitted

Estate probate appeal by a party with a document already declared invalid by a lower court.

Fred Bopp III
Fred Bopp III
answered on Feb 18, 2023

It varies widely. It can take perhaps as little as a month or up to a year or more. I would not expect a ruling for several months at least.

1 Answer | Asked in Contracts for Maine on
Q: What if the realtor forgot to put in the contract a contingency addendum that the seller needs to find a home first.

The seller told the realtor for the buyer that there was a mistake made. The buyers realtor stated that they were sorry for the mix up but they were going to force a closing date.

Fred Bopp III
Fred Bopp III
answered on Nov 15, 2022

Then it is not part of the contract.

1 Answer | Asked in Real Estate Law and Military Law for Maine on
Q: What can I go for as far as damages when a seller fully breaches a contract for a home sale?

Sellers home loan fell through on their home purchase, however, our contract to buy had no contingency about the seller purchasing a home. We were unaware they were waiting to purchase one. Seller did not show up to closing, and informed us just an hour before our final walk through they were... View More

Fred Bopp III
Fred Bopp III
answered on Jul 19, 2022

Depending on the terms of your Purchase and Sale Agreement, and assuming the sellers have breached that Agreement, you have two general options to consider pursuing, which are mutually exclusive. First, you can seek the return of your earnest money deposit. Additionally, you can seek money damages... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: How do I get beneficiary of estate to vacate the property?

I am legal representative and other beneficiary. It was stated in the will that the property would be sold upon death. I am starting the sale of the property and need her out in 30-45 days. How do I get her out.

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

To properly answer your question, I would need to review the terms of the will. You may need to pursue an eviction action, which can be complicated. You should consult with an experienced attorney.

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