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Maine Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000 inhabitants may not be... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... Read more »

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

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I signed a contract for deed in feb 2017. The "owner" refinanced my house twice since . Wont allow me to pay it off.

Been paying faithfully for almost 3 yrs... including taxes

She did not record our contract, nor does she have the deed. Do I have recourse?

Fred Bopp III
Fred Bopp III answered on Nov 7, 2019

I am sorry, but there aren’t enough facts in your question to allow me to answer it. Perhaps it would be more efficient and helpful for you to call our office at your convenience at 846-6111 and ask for my partner, Cecilia Guecia?

1 Answer | Asked in Real Estate Law for Maine on
Q: Are brokers in Maine obligated to provide a disclosure for known hazardous materials in a bank owned property?

We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.

Fred Bopp III
Fred Bopp III answered on Oct 22, 2019

33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maine on
Q: I'm buying a modular lot model. 2 months since mortgage finalized and home not delivered as promised. What can I do?

When we started the process we agreed to buy the display model because we were promised a fast turnaround before school starts. Now they are saying it won't be until next week after 2 months of struggling to even get a date scheduled. They had originally said the week of August 19th but never... Read more »

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

Assuming you have a written contract with the seller of the modular home, typically the terms of that contract would govern your available rights and remedies under the circumstances.

1 Answer | Asked in Real Estate Law for Maine on
Q: My family inherited a piece of property that we do not want. Can we simply stop paying taxes and abandon the property?

The right of way is contested.

The property has no utilities.

The neighbors are horse's behinds.

Property is in Acton, Maine

Fred Bopp III
Fred Bopp III answered on Sep 4, 2019

The short answer is, if you stop paying the taxes, ultimately the Town of Action will record a tax lien and then foreclose on that lien, taking ownership of the property. Why wouldn't you at least consult with a real estate broker and see if the property is worth trying to sell?

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: My boyfriend told me that he bought a house through a bank with installments I don’t know if the bank owns the house

Or the bank just gave him a loan and then he told me that the bank sold it to a brokerage company and he will continue paying to the company and then the company asked for higher price for the house and I don’t think it’s a true story

Fred Bopp III
Fred Bopp III answered on Sep 1, 2019

I am sorry, but your question does not contain enough factual information to allow me to answer it.

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Maine on
Q: If i bought a house through the bank with installments can the bank sell it to brokerage company ?

And is it legal for the brokerage company to ask for higher price than i bought it from bank

Timothy Denison
Timothy Denison answered on Aug 28, 2019

Not without foreclosing if the deed is in your name.

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2 Answers | Asked in Contracts and Real Estate Law for Maine on
Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Fred Bopp III
Fred Bopp III answered on Aug 22, 2019

Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

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1 Answer | Asked in Real Estate Law for Maine on
Q: modular home on full foundation is in my name and I pay taxes but on in laws property. What are my rights if she sells?

We have been living here since 1993 but our home is on my in laws property. We have been paying a portion of their land taxes and our property taxes and maintaining the property since then. Family is feuding and land possibly being sold or foreclosed on, we don’t know what to do and need to know... Read more »

Fred Bopp III
Fred Bopp III answered on Aug 21, 2019

I am sorry, but you are asking a very broad question and there aren’t enough facts provided to answer it. This is potentially a very complex situation. I would suggest you consult with a qualified real estate attorney to obtain some advice specific to your situation.

1 Answer | Asked in Real Estate Law, Lemon Law and Small Claims for Maine on
Q: I purchased a mobile home. In Maine to be moved to nh. During the process of getting a mover.

During the process of getting a mover. They moved I to another part of there property. I since had two moving companies tell me it's not movable. I told the people I bought the trailer from that I can't move it so I need my money back and they are telling me no. Well just bought the trailer... Read more »

Fred Bopp III
Fred Bopp III answered on Aug 18, 2019

If you have a written agreement with the seller for the purchase of the mobile home, that should be consulted first. If there is no written agreement or if there is one, but the written agreement fails to address this situation, did you explain to the seller before you purchased the mobile home... Read more »

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... Read 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? How... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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