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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

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

A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.

When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting... View More

Then it is not part of the contract.

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

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... View More

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... View More

The answer will depend on the terms of the purchase and sale agreement. Does it allow for the retraction of your offer? Also, there should be a section concerning termination of the agreement, which should list the allowable circumstances for termination. Assuming it does, then you would need to be... View More

Your available rights and remedies will depend, first and foremost, on the terms of the contract between the steel company and you. Assuming the contract provides for an agreed delivery date in May, you will need to review the contract terms to see if the terms allow the steel company to change the... View More

Did you receive an extra $374.50 in sale proceeds because the bank only deducted $100.00, not the total amount of $474.50, from the sale proceeds? If so, then you have to pay the $374.50. That puts all parties where they should have been. Plus, your closing documents probably contain language... View More

The answer will depend primarily, if not entirely, on the terms of your contract with the seller. What does it say about the consequences of the failure of the seller to deliver title on the closing date? That may give you the right to cancel the contract. If you have a broker, you should be... View More

You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift... View More

Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be... View More

If you have a landlord/tenant situation, you want to review this: https://www.mainelegislature.org/legis/statutes/14/title14sec6013.html

If not, I suggest you review this: https://www.maine.gov/treasurer/Maine%20UP%20Reporting%20Manual.pdf

If this was a rental-purchase situation,... View More

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?

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.

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

Not without foreclosing if the deed is in your name.

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.

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... View More