Legal Question in Real Estate Law in Maine

We were approached by the owner of a house if we wanted to lease it with option until we were able to buy it, we have been working on the house for a year and a half it was vandalized and we had to replace everything and also put up a barn for my horses. We just found out by a neighbor that the owner was served foreclosure papers March 09 and we moved in a camper on the property April 09. He had federal tax leans for unpaid taxes of over $100,000. He lives in PA and we were able to speak to him he said it was a mistake the property was bought under Linke Farm Inc. and since he did not pay taxed on his construction business the gov. put leans on the place. Now it is winter and we cannot possibly find another place to move where I can keep my horses, not to say the money we put in this place that drained our savings, please help us on legal advice, we are worried.


Asked on 12/21/10, 4:54 pm

1 Answer from Attorneys
Stephan Parks ParksDoherty, PLLC

On these facts there are several causes of action in contract, breach of good faith and fair dealing, fraudulent inducement, unjust enrichment to name a few. The issue here is that even if you were successful in a civil or equitable action, it might be impossible to collect on judgment. You need to know if this individual has resources or if Linke Farm Inc. has resources...although it is unclear based on yours if the owner of the house was Linke Farm or the gentleman from PA and how these two are related if at all. Was this guy an owner of Linke Farm? Was he an agent with authority? Was he acting individually without any authority from Linke Farm...all of these issues are of concern because what you really need to know is who is responsible and is that person or entity in a position to pay judgment. These are tough economic times...often your success in obtaining judgment is followed by disappointment resulting from inability to collect or worse, the defendant filing for bankruptcy. Good luck.

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Answered on 1/03/11, 5:34 pm


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