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Maine Alliance for Road Associations

Filing a claim

  • 23 Jan 2023 12:19 PM
    Message # 13069136

    Can we file a claim after the property owner has listed but not sold his property?

  • 25 Jan 2023 12:19 AM
    Reply # 13071725 on 13069136
    Anonymous member (Administrator)

    I would say yes - but you will have to send the required notice to the member thirty days before filing the claim with the registry of deeds. It's possible that when the member gets the warning notice they will pay the dues to keep you from filing the Notice of Claim. I suppose it's also possible the warning notice could induce the seller to try to find a buyer quickly, before you can follow through.  You could try contacting the realtor and letting them know there are dues owed.  Most realtors want to make sure there is no cloud on the title.  I suppose there is the possibility that the realtor will say if the claim has not been filed then it is unenforceable, but I don't think there would be anything to prohibit you filing in small claims court, so I think the realtor will want to get it cleared up.  My non-attorney advice would be to send out the warning letter ASAP, and if the seller does not pay, follow up with filing the Notice of Claim thirty days later without delay.  

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