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Maine Questions & Answers

2 Answers | Asked in Contracts and Real Estate Law for Maine on

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Fred Bopp III answered on Aug 22, 2019

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.

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1 Answer | Asked in Criminal Law for Maine on

Q: I am 24 and on 2 occasions I have received bjs from a 17year old is that legal

Hunter J Tzovarras answered on Aug 22, 2019

It is illegal under federal law. It would not be illegal under Maine law if it was consensual.

1 Answer | Asked in Criminal Law for Maine on

Q: If I get convicted of gross sexual assault what are the possible outcomes

Hunter J Tzovarras answered on Aug 22, 2019

It would depend on the category of gross sexual assault that is charged and convicted on. In general, this is a very serious charge that often carries a long prison term, with some forms of gross sexual assault carrying prison terms of 20 years or more. A gross sexual assault conviction will also... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: modular home on full foundation is in my name and I pay taxes but on in laws property. What are my rights if she sells?

We have been living here since 1993 but our home is on my in laws property. We have been paying a portion of their land taxes and our property taxes and maintaining the property since then. Family is feuding and land possibly being sold or foreclosed on, we don’t know what to do and need to know... Read more »

Fred Bopp III answered on Aug 21, 2019

I am sorry, but you are asking a very broad question and there aren’t enough facts provided to answer it. This is potentially a very complex situation. I would suggest you consult with a qualified real estate attorney to obtain some advice specific to your situation.

1 Answer | Asked in Real Estate Law, Lemon Law and Small Claims for Maine on

Q: I purchased a mobile home. In Maine to be moved to nh. During the process of getting a mover.

During the process of getting a mover. They moved I to another part of there property. I since had two moving companies tell me it's not movable. I told the people I bought the trailer from that I can't move it so I need my money back and they are telling me no. Well just bought the trailer... Read more »

Fred Bopp III answered on Aug 18, 2019

If you have a written agreement with the seller for the purchase of the mobile home, that should be consulted first. If there is no written agreement or if there is one, but the written agreement fails to address this situation, did you explain to the seller before you purchased the mobile home... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: Do I have to pay capital gains on property sold if I use the funds to purchase a different home?

I am joint owner of my deceased parents home.

Fred Bopp III answered on Aug 14, 2019

This question seeks tax advice, which means you would want to consult with a qualified tax attorney or an accountant. Also, the answer to this question will be fact-specific. There may be options available to you to avoid having to pay capital gains tax in your situation, but that will depend on... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Maine on

Q: Can a landlord charge you both a $25 monthly pet fee as well as $250 pet deposit?

Tenants in the state of Maine with no current lease agreement.

Fred Bopp III answered on Aug 8, 2019

Generally speaking, if you are a tenant without a written lease in Maine, you are what is called a “tenant at will,” which typically means your rights are defined and specified by Maine statutes and applicable case law. I am not aware of any Maine statutory prohibition against a landlord... Read more »

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1 Answer | Asked in Criminal Law for Maine on

Q: in maine, what would happen to a newly turned 18 year old found dealing class a drugs if its a first offense?

Hunter J Tzovarras answered on Aug 8, 2019

Most Class A drug charges in Maine carry a mandatory minimum 4 year prison sentence. The maximum is 30 years for this charge. If found guilty of the Class A crime and the mandatory 4 years applies then that would be the lowest sentence that can be imposed. Please let me know if there are any... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on

Q: Evict a tenant at will after complaints from the two other tenants living in the house.

Three tenants at will living in the same house. They have a co-tenant agreement between them. I have received multiple complaints from two of the tenants about the other individual for missing items and not helping with any chores around the house. I'm not sure weather I should evict the one tenant... Read more »

Fred Bopp III answered on Jul 27, 2019

Under Maine law, to evict a tenant at will for causing a nuisance within the premises, you will first need to provide a 7-day Notice to Quit (which must conform to the statutory guidelines) terminating the tenancy at will. As landlord, you will need to show, by affirmative proof, that the tenant... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on

Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal? How... Read more »

Daniel J. Eccher answered on Jul 18, 2019

I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: www.ptla.org). Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... Read more »

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1 Answer | Asked in Family Law and Child Custody for Maine on

Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?

Denise Rini Esq answered on Jul 18, 2019

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.

1 Answer | Asked in Contracts for Maine on

Q: I have a verbal agreement to pay a car for 1 year on time then I won’t need to finish out the pay. But now he wants meto

One year ago I made a verbal agreement I would pay one year on a car he purchased with a secured loan. I made the payments on time for one year, but now he’s bullying and harassing me saying I need to finish paying out the adorations two years. The car was $3500, and I held my end of the verbal... Read more »

Fred Bopp III answered on Jul 18, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Maine on

Q: How much time do you serve on a 60 day sentence? Charge is probation violation.Original charge dv assault

Hunter J Tzovarras answered on Jul 14, 2019

On a DV assault charge, you can earn up to 5 days of good time credit per month, so you may end up doing 50 out of the 60. It is possible if you obtained a trustee job you could get more time off as well. Thanks

1 Answer | Asked in Criminal Law for Maine on

Q: charged with saleuse of paraphernalia and furnishing the place/liquor. this charge was when i was 17, but my court-

-date is the day after my 18th birthday. how will i be charged? this is my first time getting a summons. i am so nervous

Hunter J Tzovarras answered on Jul 11, 2019

If it occurred before you turned 18 and is a criminal charge, you'd be charged as a minor, not adult. If it is not a criminal charge, but a civil violation, it is not a criminal charge and the age does not matter. I hope this helps. Thanks

1 Answer | Asked in Real Estate Law for Maine on

Q: What rights do I have if a restaurant is encroaching on my property?

It was not disclosed when I bought my home that the Chinese restaurant was encroaching on my property, however, I figured it out quickly and if fact it states on my deed that they are encroaching on my property. I have been trying to deal with this for 23 years with no luck. There is now a new... Read more »

Fred Bopp III answered on Jul 7, 2019

You’re going to need to get a survey done to determine the proper boundaries of your property, so your first step will be to figure out how you can afford to pay for one. Have you shopped around to compare prices?

1 Answer | Asked in Real Estate Law for Maine on

Q: Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?

The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The... Read more »

Fred Bopp III answered on Jun 25, 2019

The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on

Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.

I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer place because we... Read more »

Fred Bopp III answered on Jun 23, 2019

I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: my sisiter owns a home in Fla. she would like to put me on the deed, I live in Maine . Do I need to physically be there

Fred Bopp III answered on May 30, 2019

I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.

1 Answer | Asked in Landlord - Tenant for Maine on

Q: Can my landlord increase my rent in the middle of a lease?

Can I withhold rent if there are issues with my apartment that arent being fixed?

Fred Bopp III answered on May 27, 2019

You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Maine on

Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.

I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if... Read more »

Tim Akpinar answered on May 24, 2019

It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... Read more »

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