Legal Question in Real Estate Law in Maine

I bought a car the previous owner left a ring in the car 1 week later he asked for the ring, ny son wore the ring and lost it, now the previous owner want my son to pay. he said the ring cost $3000,00 we saw no proof of the cost. are we obligated to pay him?


Asked on 5/22/10, 1:43 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

The ring was in the nature of potentially abandonned property, just as if you bought a house and found a ring on the floor- it was not part of the transaction. But it was not abandonned yet when you found it- Maine statute title 33 chapter 41 allows an owner to make demand for up to the years later to seek a return of property. You were not obligated to report it as found, but once you did find it you were responsible for reasonable safekeeping. You are not responsible to guarantee its safekeeping, but responsible to not negligently lose it, destroy it or to claim it as your own. Allowing a child to play with a ring that appears to be worthless is probably not negligent, but allowing a child to play with a diamond ring is negligent, so the case is really all about proof. The other party has the burden to come to Court and prove the ring was found by you, negligently lost by you, and then prove its value. Seems like a tough case to make.

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Answered on 5/25/10, 3:09 pm


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