Answered on May 4, 2019
Fred Bopp III's answer 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?
Fred Bopp III's answer To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?
That said, and subject to the terms of your lease, I would say driving by our house at a crawl, while annoying, is probably ok unless it gets to the point of harassment. Walking around your yard without your permission sounds to me like it would typically...
Fred Bopp III's answer I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the extra money. Why don’t you reach out to him, point out the fact that you think he overpaid, and see what he says in response?
Fred Bopp III's answer Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.
Fred Bopp III's answer I would suggest that you collect all your important documents and other information on this and schedule an appointment to sit down with an attorney who practices in this area to determine if she or he can help you. My partner, Cecilia Guecia, practices in this area, if you are interested in reaching out to her ((207) 846-6111).
Fred Bopp III's answer A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ." The question is would this cover the dust and/or emission of mercury. I think most real estate agents would answer both questions with a "no," but reasonable minds could differ.
Fred Bopp III's answer I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law. If you are current in paying your rent (and cause does not exist for a 7-day notice of termination of your tenancy), then your tenancy at will must be terminated by a minimum of 30 days’ notice,...
Fred Bopp III's answer Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.
Fred Bopp III's answer For a transaction of this magnitude, you really should consult with a lawyer so that you can get a more complete answer. I can tell you that, under Maine law, a seller agent has a duty to a buyer to “disclose in a timely manner to a prospective buyer all material defects pertaining to the physical condition of the property of which the seller agent knew or, acting in a reasonable manner, should have known.” 32 M.R.S. § 13273(2)(A). Are any of the issues you mention “material defects...
Fred Bopp III's answer This is a complicated situation and I would need more facts to give you a more complete answer. If you can sell the home, and that would solve the issue, then that may well be your simplest solution.
I am not sure this is a banking question but, in any event, it would be helpful to have some additional information. Who is the payee that is handling all of your finances currently? How was that person appointed? Have you spoken to him or her about whether you can again control your own finances? If so, what did he or she say?
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.