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Maine Real Estate Law Questions & Answers
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
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... View 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?... View More

Daniel J. Eccher
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... View More

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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... View More

Fred Bopp III
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... View More

Fred Bopp III
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... View 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
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 Real Estate Law for Maine on
Q: As a PR, how do I go about conveying my mother's house to my sister?

She is named in the will but I don't know what is needed for her to actually own the house.

Fred Bopp III
Fred Bopp III
answered on May 24, 2019

The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Q: real estate q. / 2011 divorce & family land?

in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?

Fred Bopp III
Fred Bopp III
answered on Apr 24, 2019

My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

1 Answer | Asked in Real Estate Law for Maine on
Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
Fred Bopp III
Fred Bopp III
answered on Feb 25, 2019

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?

1 Answer | Asked in Real Estate Law for Maine on
Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix

I am seeking reparations for the legal fees incurred. Where do I start, who do I see?

Fred Bopp III
Fred Bopp III
answered on Feb 12, 2019

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... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Blasting within 1.5 miles of home- in disclosure?

If there is a cement plant that blasts over 100 times per year (effectively twice a week) exactly 1.5 miles from a home, should that be included in a real estate disclosure?

This is a noise concern but the blasting creates large amount so of dust (I'm not sure how far that spreads).... View More

Fred Bopp III
Fred Bopp III
answered on Feb 10, 2019

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 . . . ."... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Maine real estate contract and seller disclosure requirements.

After signing a contract with the seller, it was discovered there is a cement plant/quarry 1.5 miles from the property that conducts blasting over 100x a year. Between the noise, vibrations, effects on well water, and mercury emissions, should the seller (or R.E. agent) have disclosed the proximity... View More

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

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... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Bought a property with a person. Both names on title then the other person moved out and are pushing to buy them out.

Or sell the home I just started working again and don't have money to buy them out.

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

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.

2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

We have squatters in our camp on leased land in the unorganized territories of Maine. We have everything we need to show the camp is ours but we do not know the legal system. Can you have a warranty deed to a building that is on leased land?

Fred Bopp III
Fred Bopp III
answered on Jan 13, 2019

I am sorry, but I do not understand your question. Could you try filling in more details?

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1 Answer | Asked in Foreclosure and Real Estate Law for Maine on
Q: Buying a bank owned foreclosure with a Les Pendens

We are in the process of purchasing a bank foreclosed property at auction, the property has a Les Pendens on it from a local hospital here in Maine. We paid 37,000 at auction. The preforclosure started in September of 2017, the bank wanted 160,000 so they took a large loss. The Les Pendens was... View More

Fred Bopp III
Fred Bopp III
answered on Dec 1, 2018

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,... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Days away from closing a house when the power of attorney was questioned. can’t be sold. Sue for appraisal/inspection $?

they want us to sign a termination of the p and a to get out earnest money back. It says we won’t hold the broker or licensee liable. Should we sign or not? We just want the $1600 we paid on a house that couldn’t be sold in the first place

Fred Bopp III
Fred Bopp III
answered on Nov 23, 2018

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... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: My condo association violated the State of Maine Condo act by not preparing a budget and is now demanding a huge sum.

I asked condo association board why there is no budget for an assessment for an expensive project while they demanded immediate payment for a sewer project to replace an already working sewer main. They want thousands immediately and another $5k in 30 days after project completion. I am a senior on... View More

Fred Bopp III
Fred Bopp III
answered on Nov 7, 2018

I think the answer, in large part, is going to depend on the language and terms of your condo association documents. You should try to get a lawyer who specializes in condo association law to help you. I can refer you to someone if you like.

2 Answers | Asked in Real Estate Law for Maine on
Q: Can you seek an easement if you're a renter and there's no way to drive off the property you're renting?
Fred Bopp III
Fred Bopp III
answered on Nov 5, 2018

I'm not sure there is any definitive case law in Maine in this issue, but I do know, in at least some other jurisdictions, courts have held that only an owner, and not a renter, can seek an easement. That is because the renter's use generally inures to the benefit of the property owner.... View More

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1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, if a buyer defaults on a purchase and sales agreement and does not purchase the home - what can the seller do?

We made an offer to purchase a house waiving the inspection period. If we are no longer comfortable purchasing the house (and the seller is not interested in accepting a withdrawal), what is the most they can do?

Obviously they keep the deposit. Can they sue? For the purchase price? For... View More

Fred Bopp III
Fred Bopp III
answered on Nov 3, 2018

The answer will depend, first and foremost, on the terms of the purchase and sale agreement and, more specifically, the remedies provided to the seller under that document. Generally speaking, the seller typically can keep the deposit in lieu of filing a lawsuit, but the seller may also (in the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 4 deeded timeshare units if all taxes,dues,fees have been paid in 3 can I be blocked from use in any of those 3

When there is a dues balance in the 4th?

Michael Hales
Michael Hales
answered on Jun 29, 2018

I just answered this on your other post, but let me know if you still have questions.

1 Answer | Asked in Real Estate Law for Maine on
Q: I owe 4 deeded timeshare units,Can I be blocked from using 3 units if dues,taxes,and fees have been paid

Due to medical debt even after I advised the board and have been paying balance down monthly on the 4th unit--the board has blocked the 3 that have been paid in full

Michael Hales
Michael Hales
answered on Jun 29, 2018

This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.

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