Real Estate Law in Portland, ME
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under Portland, Maine real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Portland real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Portland property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property.
Easements are not always granted by a property owner. Information regarding easements is often included in Portland, ME property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Portland real estate lawyer to straighten things out.
Under the Maine Secure and Fair Enforcement for Mortgage Licensing Act, it is a crime to defraud or mislead borrowers or lenders in Portland. In addition, it is illegal to obtain property by fraud or misrepresentation and to engage in any unfair or deceptive practices. It is also an offense to fail to comply with the duties of good faith and fair dealing dictated by Maine law.
Contract Breaches
No Portland, Maine real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state.
However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Portland without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when landlords and tenants in , cannot agree on issues such as repairs, unpaid rent, and other terms. Local tenant and landlord laws are complex, and failing to follow them can result in violations of each party’s rights. A valid rental agreement is essential, as is having access to reliable legal counsel to navigate potential disputes.
In Maine, landlords in Portland can impose a penalty for late rent payments, but rent is only considered late if unpaid 15 days after the due date. Additionally, a landlord may charge a late fee of up to 4% of the monthly rent, but this must be clearly stated in the rental agreement.
Boundary Lines
Disagreements about property boundaries often occur when neighboring property owners fail to respect each other’s boundaries. Sometimes, these issues arise from simple misunderstandings between neighbors. Property lines aren’t always clear, and records may not always provide accurate or easily understandable information. Disputes commonly involve things like fencing, trees, or other boundary concerns. Rather than taking matters into your own hands, it’s typically best to seek court intervention to resolve these issues.
When it comes to property ownership, disputes can arise when ownership is transferred verbally, without formal documentation. These issues often occur when someone attempts to bequeath property without the proper legal process or when other parties, such as lienholders, have an interest in the property. Determining who truly owns a property in is not always straightforward, and ownership conflicts can lead to complicated legal challenges.
Ownership
Given the potential for complex issues around property ownership, it’s important to handle transactions and ownership transfers carefully. Ensuring all necessary documentation is in place can prevent legal disputes down the road.
Whenever disagreements about property arise, seeking legal advice is crucial. Having a clear understanding of your rights and obligations is the best way to prevent costly and time-consuming disputes.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
Under Maine law, the court can grant a lien against the debtor’s property if they do not pay their court-ordered money judgment. The judgment lien can remain attached to the debtor’s property for 20 years. To attach the lien to a Portland property, the creditor must file the judgment with the Cumberland County Registry of Deeds.
What Should You Do If You Become Involved in a Real Estate Dispute In Portland, Maine?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Portland real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Portland real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Portland, Maine
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Portland lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Maine landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Maine state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
