Maine Questions & Answers by Practice Area
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Maine Questions & Answers
Q: Do I have to give a customer back money on an overpaid check. (Private sale)
1 Answer
| Asked
in
Business Formation, Civil Litigation and Consumer Law
for
Maine
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
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?
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?
Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!
Fred Bopp III's answer
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.
Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information
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.
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.
Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
Fred Bopp III's answer
I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?
I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?
Q: Got evicted on a lease rent do they have to go threw the court if we dont leave
Fred Bopp III's answer
The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.
The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.
Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix
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).
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).
Q: How do I subpoena a witness? How many days before trial does witness need?
Hunter J Tzovarras' answer
You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks
You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks
Q: Blasting within 1.5 miles of home- in disclosure?
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.
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.
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements
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,...
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,...
Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days
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.
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.
Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?
Fred Bopp III's answer
I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?
I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?
Q: Maine real estate contract and seller disclosure requirements.
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...
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...
Q: Bought a property with a person. Both names on title then the other person moved out and are pushing to buy them out.
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.
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.
Q: I need to remove squatters from my cabin located on leased land in the unorganized territories of Maine.
Fred Bopp III's answer
I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us
I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us
Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back
2 Answers
| Asked
in
Contracts, Real Estate Law and Criminal Law
for
Maine
on
Answered on Jan 13, 2019
Answered on Jan 13, 2019
Fred Bopp III's answer
I am sorry, but I do not understand your question. Could you try filling in more details?
I am sorry, but I do not understand your question. Could you try filling in more details?
Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?
Ben F Meek III's answer
It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and whatever insurance, if any, paid, against what Medicaid paid. If your aunt had an irrevocable trust to protect her assets from being reached by Medicaid, you will need an experienced elder law or estate planning...
It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and whatever insurance, if any, paid, against what Medicaid paid. If your aunt had an irrevocable trust to protect her assets from being reached by Medicaid, you will need an experienced elder law or estate planning...
Q: A payee was appointed to manage my finances because I was scammed. How do I get control of my finances again?
Fred Bopp III's answer
Hello,
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?
Fred Bopp
Hello,
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?
Fred Bopp
Q: If my dad died without a will, can the probate court designate me as the executor?
Fred Bopp III's answer
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.
Q: Are there any instances where the police wouldn't need a warrant to search a house?
Zachary J. Smith's answer
That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.
That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.
Q: Buying a bank owned foreclosure with a Les Pendens
Fred Bopp III's answer
I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...
I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...
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