Maine Questions & Answers by Practice Area
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- Gov & Administrative Law
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- Identity Theft
- Insurance Bad Faith
- Insurance Defense
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- International Law
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- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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Maine Questions & Answers
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...
Q: I am currently going through court for child support. Just looking for advice about parental rights.
Robert Guillory Esq's answer
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
Q: I have received emails from a company calling itself Revenue Discovery Systems.
Fred Bopp III's answer
It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.
It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.
Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Maine
on
Answered on Nov 26, 2018
Answered on Nov 26, 2018
Robert Guillory Esq's answer
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
Q: Days away from closing a house when the power of attorney was questioned. can’t be sold. Sue for appraisal/inspection $?
Fred Bopp III's answer
From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the purchase and sale agreement (“P&S”). This would typically be a breach of the P&S, the question now is what are your rights and remedies. Under any P&S I have seen, you will be entitled to get your...
From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the purchase and sale agreement (“P&S”). This would typically be a breach of the P&S, the question now is what are your rights and remedies. Under any P&S I have seen, you will be entitled to get your...
Q: Landlord shut water off morning after paying rent; won't answer his door or phone and have left notes on his door.
Fred Bopp III's answer
Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your landlord describing the issue in a specified manner (the notes you have left on his door may or may not qualify as written notice under your lease) and then he will have a certain period of time...
Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your landlord describing the issue in a specified manner (the notes you have left on his door may or may not qualify as written notice under your lease) and then he will have a certain period of time...
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