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Maine Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maine on
Q: Property left behind on a closing in Maine.

Okay so I'm closing on a home in less then a week, seller has not removed items from the property yet that are not under the contract of sale and I'm not sure if he's planning to. Now with that being said these items I would not mind keeping, it he doesn't remove them and we... View More

Fred Bopp III
Fred Bopp III
answered on Apr 9, 2020

Since you state that the items are not included under the contract of sale, you are not buying them as part of the sale. If he doesn’t remove them and you close, they are not yours; he can come back down the road and want/retrieve them after the sale. There are other laws that would possibly... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Someone owns the trailer but not the land I need help

We want chickens but the one who owns the trailer said no the one who owns the land says yes who do I listen to?

Fred Bopp III
Fred Bopp III
answered on Apr 3, 2020

Can you kindly explain what you mean by "we want chickens," what you would use the chickens for, where they would be located, and what is the relationship between and among you, "the one who owns the trailer," and "the one who owns the land"? Without this additional... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I have a second home in Maine and a neighbor wants to buy it; do we have to list it in the MLS if we agree?

We would like to sell our home privately to an interested neighbor for the price they offered. We know we need a closing attorney, but do we need to list in the MLS?

Fred Bopp III
Fred Bopp III
answered on Mar 31, 2020

No; you do not need to list on MLS. A private sale is perfectly fine. Listing on MLS will expose your home to a broad pool of potential buyers, which may or may not result in a higher selling price, but it is not mandatory. Good luck!

1 Answer | Asked in Real Estate Law for Maine on
Q: I closed on a house in Hartford Me. It required flood insurance This was set up and money given for escrow

They then asked for more money after closing can they do this? Kate

Fred Bopp III
Fred Bopp III
answered on Mar 11, 2020

Not to answer your question with a question (or two), but what needed to be paid such that they asked you for more money after closing and who is "they"?

3 Answers | Asked in Real Estate Law and Probate for Maine on
Q: what type of deed do i have ???

My wife and I built a house in the state of Maine . She died,no will. The deed has her name and mine on it. We did not put jt or tic on the deed. In Maine if your spouse dies, the deed would go to me as survivor. But the county told me I can not put it in my name because it does not say joint... View More

Fred Bopp III
Fred Bopp III
answered on Mar 8, 2020

From the facts as you state them, the deed created a tenancy in common between you and your wife, because that is the default rule in Maine unless the deed states otherwise. What this means is, when she died, her property share passed to her heirs rather than to you as the surviving tenant, so you... View More

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1 Answer | Asked in Real Estate Law for Maine on
Q: Without my consent or knowledge someone built a complete house on my property in Belfast, MA. Who owns it now ?

Purchased 10 acres of land 17 years ago for a future retirement home I plan to build in 4 years. I live in PA currently. I've been paying taxes on the land for 17 years. Someone built an entire home on my property just feet from the property line.

Once the builder and hopeful homeowner... View More

Fred Bopp III
Fred Bopp III
answered on Feb 29, 2020

The folks who built the home own the home, but they are trespassing on your property, so you would have the ability to bring a lawsuit seeking to compel them to move the home off your property and restore your property to the condition it was in prior to them building the home. Another possible... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Maine on
Q: Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?

My girlfriend and her mother both had their names on a mortgage for her trailer. It was paid on decently from 2015 to the end of 2018 when her mother passed away. Afterwards we spent a couple months trying to contact the company we paid mortgage to, which in turn caused us to talk to the owner. We... View More

Fred Bopp III
Fred Bopp III
answered on Feb 9, 2020

I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: If i can get a fax # I could send it for review. I live in California so its 3 hrs different.
Fred Bopp III
Fred Bopp III
answered on Jan 30, 2020

My fax # is (413) 702-3124. My email is fbopp@boppguecia.com. Please email me so I have your email address. We will need to run a conflict check, which I can explain further via email. Thank you.

1 Answer | Asked in Real Estate Law for Maine on
Q: We purchased a house in maine and want to close by April 30th 2020. Sellers are trying to stop us

We were to close in April 2020 but seller wants to wait till June and plus wants $3000.00 to prove we want it.

Fred Bopp III
Fred Bopp III
answered on Jan 29, 2020

If you have a purchase and sale agreement, reviewing that will be a good place to start in looking for an answer. I would be happy to review it and advise you.

1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... View More

Fred Bopp III
Fred Bopp III
answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... View More

Fred Bopp III
Fred Bopp III
answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III
answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... View More

Fred Bopp III
Fred Bopp III
answered on Nov 12, 2019

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I signed a contract for deed in feb 2017. The "owner" refinanced my house twice since . Wont allow me to pay it off.

Been paying faithfully for almost 3 yrs... including taxes

She did not record our contract, nor does she have the deed. Do I have recourse?

Fred Bopp III
Fred Bopp III
answered on Nov 7, 2019

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?

1 Answer | Asked in Real Estate Law for Maine on
Q: Are brokers in Maine obligated to provide a disclosure for known hazardous materials in a bank owned property?

We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.

Fred Bopp III
Fred Bopp III
answered on Oct 22, 2019

33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III
answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maine on
Q: I'm buying a modular lot model. 2 months since mortgage finalized and home not delivered as promised. What can I do?

When we started the process we agreed to buy the display model because we were promised a fast turnaround before school starts. Now they are saying it won't be until next week after 2 months of struggling to even get a date scheduled. They had originally said the week of August 19th but... View More

Fred Bopp III
Fred Bopp III
answered on Sep 10, 2019

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.

1 Answer | Asked in Real Estate Law for Maine on
Q: My family inherited a piece of property that we do not want. Can we simply stop paying taxes and abandon the property?

The right of way is contested.

The property has no utilities.

The neighbors are horse's behinds.

Property is in Acton, Maine

Fred Bopp III
Fred Bopp III
answered on Sep 4, 2019

The short answer is, if you stop paying the taxes, ultimately the Town of Action will record a tax lien and then foreclose on that lien, taking ownership of the property. Why wouldn't you at least consult with a real estate broker and see if the property is worth trying to sell?

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: My boyfriend told me that he bought a house through a bank with installments I don’t know if the bank owns the house

Or the bank just gave him a loan and then he told me that the bank sold it to a brokerage company and he will continue paying to the company and then the company asked for higher price for the house and I don’t think it’s a true story

Fred Bopp III
Fred Bopp III
answered on Sep 1, 2019

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

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Maine on
Q: If i bought a house through the bank with installments can the bank sell it to brokerage company ?

And is it legal for the brokerage company to ask for higher price than i bought it from bank

Timothy Denison
Timothy Denison
answered on Aug 28, 2019

Not without foreclosing if the deed is in your name.

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