Legal Question in Real Estate Law in Maine
property purchase
I bought a piece of property with an old barn. The previous owner left personal items in the barn. He agreed to have the barn empty by the closing date. He did not empty barn. This was in Sept. 2006. I have asked hiom many times to cear out barn of his items and to date has not. Who do these items belong to now. I would like to have a yard sale to empty bar.
1 Answer from Attorneys
Re: property purchase
As a starter, it is important to review the contract, as it may have language that required the removal of the property and the Seller's failure to have done so is a breach. If so, a written notice that the property will be sold to pay for the damages in 30 days if the property is not removed is appropriate. The contract may have also detailed that all personal property is included except a few specific items, so the property in the barn is actually yours pursuant to the contract, despite the verbal discussions you had that the seller can take it. Finally, Maine law allows you to give him a certified-letter notice that you will sell it in 14 days since he has abandoned it if the value is less than $750. If the value is more, then there is a more complicated procedure in title 33 chaper 41 of the Maine statute to follow.
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