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LegalKnowledge
LegalKnowledge, Attorney
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In Maine a real estate was sold with an agreement to allow

Customer Question

In Maine a real estate was sold with an agreement to allow for the storage of an automobile. One year and 112 days later when the owner went to claim the automobile (1939 Ford Woody) the new real estate owner claimed the property?

Legal????
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. On what grounds is the new owner claiming that the car belongs to him/her? Was there any time limit in the agreement for when the car would have to be moved out of storage? Is the new owner claiming the car was abandoned and has the new owner taken any steps to obtain ownership legally of the vehicle?
Customer: replied 1 year ago.

The now holder of the real estate claims that he had one year after the morgtage execution. Interesting that the morgtage is held by the person that did or may still own the 1939 Woody. Yes the new property owner claims abandonment.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. The terms and conditions in the purchase and sale agreement are going to control. If he had one year to obtain the vehicle and he did not, it does not mean that the car automatically belongs to the new owner and title changes hands, unless there was a clause or default provision that stated otherwise. It would be at this time that the new owner could 1) try and charge and obtain a storage fee from the old owner, since the car has yet to be obtained or 2) try and make a claim that the vehicle was abandoned and go through the legal process to transfer title and obtain ownership. However, if the owner is trying to get the car at this time, it should be allowed to, less and claim the new owner wants to make for storage or any other "damages" suffered, as a result of the contract being broken. Granted the car should have been removed and the owner should not have wait four months after the time but he is still the legal owner and should be able to obtain it. If not, then legal proceeds would need to take place, which appear to be unnecessary when this can be settled. Seeing how the car was legally allowed to be stored for a year, that would not be considered in the time for abandonment. Moreover, once the time pasted, the new owner should have tried to contact the owner of the car to see his intent on claiming it. If efforts were made to try and obtain the car and/or notice was given that the owner would still get it, there would likely be a valid defenses that it was not abandoned but the court would want to know why the car was not taken once the year expired.

http://www.maine.gov/sos/bmv/forms/abandoned.pdf
http://www.mainelegislature.org/legis/statutes/29-a/title29-Asec1854.html

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15819
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.


Will this be emailed to me so that I can discuss this with origional owner?


Thank you

Expert:  LegalKnowledge replied 1 year ago.
I do not believe so. You can copy and paste it into another word document, so you can discuss this as needed.

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