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Maine Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I owe 875 dollars back rent and she is also suing me for a plane ticket she bought me. We had no lease

I did agree to pay 875 in text

Fred Bopp III
Fred Bopp III answered on Jun 27, 2020

You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: Who owns property left in house/garage after closing. Located in Maine.

We closed on our new home a few days back. It stated in our contract the property was to be empty at closing, during the final walk through the seller still had loads of stuff left behind. We verbally agreed to grant an additional 3 days for them to move out. It’s the 4th day their dragging their... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 21, 2020

Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Our home was listed on Zillow as a foreclosure and it is not for sale . It was listed for 105 days .

They have removed the listing as I e-mailed them but how are they allowed to do this?

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

I doubt you have any damages. But if you do, then contact a local personal injury attorney to file a Defamation Of Title Suit. You have already forced them to mitigate your damages, if any. No damages, no tort.

1 Answer | Asked in Real Estate Law for Maine on
Q: I have a question about real estate law.

We purchased a home in 2014. The original listing was posted as 2.5 acres by the realtor. We are now learning that we only purchased 1.3 acres. Do we have any recourse?? We feel we were duped with the pricing of the property.

Fred Bopp III
Fred Bopp III answered on Jun 14, 2020

Yes, you have potential recourse, including without limitation, possible claims for fraud, misrepresentation, and breach of statutory duties, but the clock is ticking. The general statute of limitations in Maine to commence a civil action (lawsuit) is "6 years after the cause of action... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?

do I have to refund the pro-rated rent or can I apply it towards the substantial damages?

Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?

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

First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Hello so I have a couple questions. My father and myself are on the deed to our house, my name being first then his, he

Is on Mainecare but say if he needed to go into longterm care could they still try to take the house from me? Even though my name is first?

Fred Bopp III
Fred Bopp III answered on May 4, 2020

Generally speaking, when applying for MaineCare long-term care benefits, the applicant’s primary residence will be an excluded asset if:

1. They are living in the home or intend to return home; and

2. The equity in the home is less than or equal to $750,000.

For planning...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I do have my deed & the fake seller clearly never owned it
Fred Bopp III
Fred Bopp III answered on Apr 30, 2020

Then you still own the property. You should show what you have to the buyer and explain to him or her that he or she doesn't own the property.

1 Answer | Asked in Real Estate Law for Maine on
Q: An out of state person sold my 12 acre lot in Maine to my neighbor 18 months ago. They used a warranty deed

What is my recourse? Town clerk says I should let them keep it because they paid prop tax on it last yr. I have paid taxes on it for over twenty years. Taxes are up to date

Fred Bopp III
Fred Bopp III answered on Apr 30, 2020

You should get a copy of the deed so you can confirm who is listed as the seller is on the deed. Then check to see if the seller had a valid ownership or other interest in your 12-acre lot, so you can determine whether the seller could validly transfer title to your neighbor. You may be able to... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: The town that I live in, in Maine, sold my property because my taxes were 18 months past due. The total was probably

no more than $1,500.00. When I called the town they said I had received notice. I had received something last July stating a lien was being put on the property. I did not know that they could/would sell it. I usually pay my taxes every couple of years and this land has been in my family for over... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 28, 2020

The answer will likely depend on whether the town followed the appropriate statutory procedure, including providing you with proper notice. That will depend on the specific facts of your situation. Did the notice you received last July indicate that you could lose the property to tax lien... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Should the name of a recently deceased person be removed from a deed even with proper wills on place?
Fred Bopp III
Fred Bopp III answered on Apr 22, 2020

The short answer is yes, but how you do it really depends on all the facts and circumstances. My partner, Cecilia Guecia, can likely help you with this if you are looking to consult with a lawyer. Her number is 846-6111.

1 Answer | Asked in Real Estate Law for Maine on
Q: How can a seller get out of a real estate contract? just signed yesterday
Fred Bopp III
Fred Bopp III answered on Apr 17, 2020

You should review the terms of the contract to see if it addresses this issue.

1 Answer | Asked in Real Estate Law and Small Claims for Maine on
Q: I have a question about the sale of a “park model trailer.

Negative

Fred Bopp III
Fred Bopp III answered on Apr 13, 2020

I think the answer here will likely boil down to the language of the sales agreement. How does it define the property that was sold? Does it say anything about whether the propane in the tank was included? If there is no applicable language, you would probably turn to the typical course of... Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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