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?
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.
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).
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
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.
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,...
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.
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...
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.
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...
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 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...
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