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Maine Real Estate Law Questions & Answers
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.

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... View 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 Real Estate Law and Landlord - Tenant for Maine on
Q: What means do I have for removing someone from a property deed? I'm the only one on the mortgage. Not married.
Anthony M. Avery
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answered on Dec 22, 2021

You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.

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... View More

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... View 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?

Anthony M. Avery
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answered on Aug 13, 2021

Not exactly sure of your situation, but straw deeds are not going to extinguish life estates in the chain of title. Apparently you have the remainder after their life estates and/or you did not have a competent attorney to draft that deed. Hire one now to search the title and determine the... View More

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1 Answer | Asked in Real Estate Law for Maine on
Q: I own 257 acres in Maine as Joint Tenants with another couple. We both have our own homes. Can I sell my half
Fred Bopp III
Fred Bopp III
answered on Jul 9, 2021

Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: House Sale dilemma

My mom is trying to sell her house located in maine. There is a buyer and a 3rd party that is going to get a finders fee of $50000 because house is under contract for $140000. When she signed the contract she was told the 3rd party was going to buy house for $90000 if a buyer wasnt found, but their... View More

Fred Bopp III
Fred Bopp III
answered on Jun 28, 2021

Generally speaking, the terms of the agreement will govern, and it is impossible for me to answer your question without reviewing the agreement. That said, if your mother is age 60 or older, she is an elder and elders have certain protections under state and federal law. You should consult with an... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a camp on Little Sebago with my brother. He wants to sell, I don’t. We have offered him half of assessed value.

He Wants full current market value, which I can’t afford. What aren’t options.

Fred Bopp III
Fred Bopp III
answered on Jun 18, 2021

Ok, so you mean he wants you to buy out his interest at full current market value. Now I get it. You can make a counteroffer. You can point out if he has to file a partition action, those costs would be deducted from the sale proceeds. Also, if you both hired a real estate agent to sell the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: My brother wants to sell a lake property we own together. What are my rights?

I want to keep the property. He wants to get the highest sale price. I can't afford to go over a specific amount. He insists we sell to get highest market value. What are m rights?

Fred Bopp III
Fred Bopp III
answered on Jun 18, 2021

I am sorry, but I am confused by your question. What do you mean by "I can't afford to go over a specific amount"?

If the dispute boils down to he wants to sell the property, but you do not, as a co-owner, you can refuse to sign a listing agreement or a deed to a potential...
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1 Answer | Asked in Real Estate Law for Maine on
Q: This would be a question about Maine real estate contract law.

The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.

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

The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, does majority rule on selling a property if 1 owner doesn't agree? There is nothing in the deed saying "yes"

We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?

Fred Bopp III
Fred Bopp III
answered on Apr 26, 2021

The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: A false lien was filed on property of our charity corporation. I need someone just request dismissal by the court.

A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... View More

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

I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III
answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: My husband has a mortgage on our house and his mother had to be a co borrower. She has since abandoned the house

She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?

Fred Bopp III
Fred Bopp III
answered on Apr 7, 2021

As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.

As far as her...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III
answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re buying a Maine home with inlaw unit with our only child and his wife, no mortgage.

Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.

Fred Bopp III
Fred Bopp III
answered on Feb 3, 2021

The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... View More

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