Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
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- §1385. ENFORCEMENT OF LIEN
- §1386. CESSATION OF ENFORCEMENT ACTIONS A facility owner shall cease enforcement actions immediately if: [1993, c. 263, §1 (NEW).] 1 . Payment by owner.
- Chapter 212-B: CONSUMER ARBITRATION AGREEMENTS §1391. DEFINITIONS
- §1392. REPORTING BY ARBITRATION SERVICE PROVIDERS (REPEALED)
- §1394. ARBITRATION SERVICE PROVIDERS 1 . Providers of consumer arbitrations.
- Client.
| §1384. NOTICE OF LIEN
A property owner must be notified of the lien created by this chapter before enforcement of the lien by a facility owner. Notification of the lien created by this chapter is satisfied by: [1993, c. 263, §1 (NEW).] 1. Written storage agreement. A written storage agreement signed by the property owner that includes a notice of the lien created by this chapter; or [ 1993, c. 263, §1 (NEW) .] 2. Written notice of lien. Written notification of the lien sent by the facility owner to the property owner. [ 1993, c. 263, §1 (NEW) .] A facility owner who does not have a written storage agreement that includes a notice of the lien created by this chapter may not initiate an enforcement action under section 1385 until 30 days after the written notice of a lien required by subsection 2 is delivered to the property owner. [1993, c. 263, §1 (NEW).] SECTION HISTORY 1993, c. 263, §1 (NEW).
A facility owner may enforce a lien created by this chapter only if the property owner has been notified of the lien as required by section 1384. [1993, c. 263, §1 (NEW).] 1. Sale; use of proceeds. If a property owner is in default for a period of more than 90 days, a facility owner may enforce a lien by selling the stored property at a commercially reasonable public sale for cash. As used in this section, "commercially reasonable" has the same meaning as in the Uniform Commercial Code. The proceeds of the sale must be applied in the following order: A. To the reasonable expenses of the sale incurred by the facility owner including, to the extent not prohibited by law, reasonable attorney's fees and legal expenses; [1993, c. 263, §1 (NEW).] B. To the satisfaction of the lien created by this chapter; [1993, c. 263, §1 (NEW).] C. To the satisfaction of all other liens on the property held by all lienholders of record to be paid in the order of priority; and [1993, c. 263, §1 (NEW).] D. To the extent that the proceeds of sale exceed the sum of the foregoing, the surplus must be paid by the facility owner to the property owner. [1993, c. 263, §1 (NEW).] If proceeds of the sale are not sufficient to satisfy the property owner's outstanding obligations to the facility owner or any lienholder of record, the property owner remains liable to the facility owner or lienholder for the deficiency. [ 1993, c. 263, §1 (NEW) .]
A. Send a notice of default to the property owner. The facility owner shall provide a copy of the notice to each lienholder of record. The notice must include: (1) A statement that the property is subject to a lien held by the facility owner; (2) A statement of the facility owner's claim indicating the charges due on the date of the notice, the amount of any additional charges that will become due before the date of sale and the date those additional charges will become due; (3) A demand for payment of the charges due within a specified time not less than 30 days after the date the notice is delivered to the property owner and all lienholders of record; (4) A statement that unless the claim is paid within the time stated the property will be sold, specifying the time and place of the sale; and (5) The name, street address and telephone number of the facility owner, or the facility owner's designated agent, whom the property owner may contact to respond to the notice; and [1993, c. 263, §1 (NEW).] B. After the expiration of the 30-day period set forth in paragraph A, publish an advertisement of the sale once a week for 2 consecutive weeks in a newspaper of general circulation in the area where the sale is to be held. The advertisement must include a general description of the property, the name of the property owner and the time and place of the sale. The date of the sale must be more than 15 days after the date the first advertisement of the sale is published. [1993, c. 263, §1 (NEW).] [ 1993, c. 263, §1 (NEW) .]
[ 1993, c. 263, §1 (NEW) .] 4. Purchasers. A purchaser of property sold at a commercially reasonable sale pursuant to this chapter takes the property free and clear of any rights of persons against whom the lien was valid and all other lienholders of record. [ 1993, c. 263, §1 (NEW) .] 5. Facility owner liability. If the facility owner complies with the provisions of this chapter, the facility owner's liability is as follows. A. To a lienholder of record, the facility owner's liability is limited to payment from the net proceeds received from the sale of the property. [1993, c. 263, §1 (NEW).] B. To the property owner, the facility owner's liability is limited to the net proceeds received from the sale of the property after payment in full of all lienholders of record. [1993, c. 263, §1 (NEW).] [ 1993, c. 263, §1 (NEW) .] 6. Denying access to storage facility. A facility owner may deny a property owner who has been notified under subsection 2 access to the storage facility, except that the property owner is entitled to access to the facility during normal business hours for the purpose of satisfying the lien or viewing and verifying the condition of the property. [ 1993, c. 263, §1 (NEW) .] 7. Notices. Except as otherwise provided, all notices required by this chapter must be sent by registered or certified mail, return receipt requested. Notices sent to a facility owner must be sent to the owner's business address or to the address of the owner's designated representative. Notices to a property owner must be sent to the property owner at the property owner's last known address. Notices to a lienholder of record must be sent to the address of the lienholder as provided in the public filings that serve to perfect the lienholder's interest in the property. Notices are considered delivered on the date the recipient of the notice signs the return receipt or, if the notice is undeliverable, the date the post office last attempts to deliver the notice. [ 1993, c. 263, §1 (NEW) .] SECTION HISTORY 1993, c. 263, §1 (NEW). §1386. CESSATION OF ENFORCEMENT ACTIONS A facility owner shall cease enforcement actions immediately if: [1993, c. 263, §1 (NEW).] 1. Payment by owner. The property owner pays the facility owner the full amount necessary to satisfy the lien. At any time before the conclusion of a sale conducted under this chapter, the property owner may redeem the property by paying the full amount necessary to satisfy the lien; or [ 1993, c. 263, §1 (NEW) .] 2. Payment by other lienholders. A person other than the facility owner who has a lien on the property pays the facility owner the full amount necessary to satisfy the lien held by the facility owner. Upon payment by a lienholder of record, the facility owner shall hold the property for the benefit of and at the direction of that lienholder and may not deliver possession of the property to the property owner. Unless the facility owner and the lienholder enter into a new storage agreement, the lienholder shall arrange removal of the property from the facility. [ 1993, c. 263, §1 (NEW) .] SECTION HISTORY 1993, c. 263, §1 (NEW). Chapter 212-B: CONSUMER ARBITRATION AGREEMENTS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2007, c. 250, §1 (NEW).] 1. Administrator. [ 2009, c. 572, §1 (RP) .] 2. Consumer. "Consumer" means an individual who uses, purchases, acquires, attempts to purchase or acquire or is offered or furnished goods or services, other than insurance, for personal, family or household purposes. [ 2009, c. 572, §2 (AMD) .] 3. Consumer arbitration. "Consumer arbitration" means binding arbitration under a consumer arbitration agreement in which a party to the arbitration is a consumer. [ 2007, c. 250, §1 (NEW) .] 4. Consumer arbitration agreement. "Consumer arbitration agreement" means a standard contract with a consumer concerning the use of, purchase of, acquisition of, attempt to purchase or acquire, offer of or furnishing of goods or services, other than insurance, for personal, family or household purposes. [ 2009, c. 572, §3 (AMD) .] 4-A. Financial interest. "Financial interest" means holding a position in a business as an officer, director, trustee, member or partner or any position in management or ownership of more than 5% interest in the business. [ 2009, c. 572, §4 (NEW) .] 5. Provider. "Provider" means a person that provides consumer arbitration or services related to consumer arbitration. [ 2007, c. 250, §1 (NEW) .] SECTION HISTORY 2007, c. 250, §1 (NEW). 2007, c. 273, Pt. B, §6 (REV). 2009, c. 572, §§1-4 (AMD). §1392. REPORTING BY ARBITRATION SERVICE PROVIDERS (REPEALED) SECTION HISTORY 2007, c. 250, §1 (NEW). 2009, c. 572, §5 (RP).
[ 2009, c. 572, §6 (NEW) .] 2. Costs and fees. In a provider’s initial notice or communication to a consumer, the provider must clearly and conspicuously disclose the estimated expenses of any arbitration, including: A. The filing fee; [2009, c. 572, §6 (NEW).] B. The average daily cost for an arbitrator and hearing room; [2009, c. 572, §6 (NEW).] C. Any other charge that an arbitrator or provider may assess; and [2009, c. 572, §6 (NEW).] D. The proportion of expenses listed under this subsection borne by each party if the consumer prevails and if the consumer does not prevail. [2009, c. 572, §6 (NEW).] An expense required to be disclosed under this subsection does not include attorney's fees. A person required to disclose an expense under this subsection does not violate this subsection when an actual expense exceeds an estimate if the estimate was reasonable and made in good faith. [ 2009, c. 572, §6 (NEW) .]
[ 2009, c. 572, §6 (NEW) .] SECTION HISTORY 2009, c. 572, §6 (NEW). §1394. ARBITRATION SERVICE PROVIDERS 1. Providers of consumer arbitrations. Beginning January 1, 2011, a provider shall collect, publish at least quarterly and make available to the public in a computer-searchable format, which must be available on the publicly accessible website of the provider, if any, and on paper upon request, all of the following information for each consumer arbitration with which the provider was involved: A. The name of the nonconsumer party, if the nonconsumer party is a corporation or other business entity; [2009, c. 572, §7 (NEW).] B. The type of dispute involved, such as goods, banking, wireless communications, health care, debt collection and employment; [2009, c. 572, §7 (NEW).] C. If the dispute involved employment, the amount of the employee's annual wage divided into the following ranges: (1) Less than $100,000; (2) From $100,000 to $250,000; or (3) More than $250,000; [2009, c. 572, §7 (NEW).] D. Whether the consumer was the prevailing party; [2009, c. 572, §7 (NEW).] E. The number of times a business that is a party to the consumer arbitration had previously been a party to a mediation or arbitration in which the provider was involved; [2009, c. 572, §7 (NEW).] F. Whether the consumer was represented by an attorney; [2009, c. 572, §7 (NEW).] G. The dates the provider received the demand for arbitration, the arbitrator was appointed and the disposition of the arbitration was rendered; [2009, c. 572, §7 (NEW).] H. The type of disposition of the arbitration, including withdrawal, abandonment, settlement, award after hearing, award without hearing, default and dismissal without hearing; [2009, c. 572, §7 (NEW).] I. The amount of the claim and the amount of any award or relief granted; [2009, c. 572, §7 (NEW).] J. The name of the arbitrator, the amount of the arbitrator's fee for the arbitration and the percentage of the arbitrator's fee allocated to each party; and [2009, c. 572, §7 (NEW).] K. Whether the provider has or within the preceding year had a financial interest in a party or the legal representation of a party in the arbitration or a party or legal representative of a party in the arbitration has or within the preceding year had a financial interest in the provider. [2009, c. 572, §7 (NEW).] Once the information is published and made available, it must remain available for at least 5 years. If the information required by this subsection is available in a computer-searchable format and downloadable for free on the provider's publicly accessible website, the provider may charge a requestor for the cost of copying the information on paper. If the information required by this subsection is not available for free on the provider's publicly accessible website, the provider may not charge a requestor for the information in paper form. [ 2009, c. 572, §7 (NEW) .]
[ 2009, c. 572, §7 (NEW) .] 3. Liability in providing information. A provider has no liability for collecting, publishing or distributing the information required under subsection 1. [ 2009, c. 572, §7 (NEW) .] SECTION HISTORY 2009, c. 572, §7 (NEW). Chapter 212-C: REGULATION OF EXCHANGE FACILITATORS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2009, c. 61, §1 (NEW).] 1. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. [ 2009, c. 61, §1 (NEW) .] 2. Affiliated. "Affiliated" means a person, directly or indirectly through one or more intermediaries, who controls, is controlled by or is under common control of, another person. [ 2009, c. 61, §1 (NEW) .] 3. Client. "Client" means the taxpayer with whom the exchange facilitator enters into an agreement described in subsection 4, paragraph A. [ 2009, c. 61, §1 (NEW) .] 4. Exchange facilitator. "Exchange facilitator" means a person that does any of the following: A. Facilitates, for a fee, an exchange of like-kind property by entering into an agreement with a taxpayer by which the exchange facilitator acquires from the taxpayer the contractual rights to sell the taxpayer's relinquished property located in this State and transfers a replacement property to the taxpayer as a qualified intermediary as that term is defined under United States Treasury Regulation Section 1.1031(k)-1(g)(4) or enters into an agreement with the taxpayer to take title to a property in this State as an exchange accommodation titleholder as that term is defined in United States Internal Revenue Service Revenue Procedure 2000-37 or enters into an agreement with a taxpayer to act as a qualified trustee or qualified escrow holder as those terms are defined under United States Treasury Regulation Section 1.1031(k)-1(g)(3), except as provided in section 1396; [2009, c. 61, §1 (NEW).] B. Maintains an office in this State for the purpose of soliciting business as an exchange facilitator; or [2009, c. 61, §1 (NEW).] C. Purports to be an exchange facilitator by advertising any of the services listed in paragraph A or soliciting clients in printed publications, direct mail, television or radio advertisements, telephone calls, facsimile transmissions or other electronic communications directed to the general public in this State for purposes of providing any of those services. [2009, c. 61, §1 (NEW).] [ 2009, c. 61, §1 (NEW) .]
[ 2009, c. 61, §1 (NEW) .] 6. Financial institution. "Financial institution" means a bank, credit union, savings and loan association, savings bank or trust company or other similar depository or nondepository financial institution including an institution whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or other similar or successor programs as well as an affiliate or subsidiary of such institution. [ 2009, c. 61, §1 (NEW) .] 7. Person. "Person" means an individual, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust or any other form of legal entity, including agents and employees of a person. [ 2009, c. 61, §1 (NEW) .] 8. Prudent investor standard. "Prudent investor standard" means the prudent investor standard referenced in Title 18-B, Part 1, section 901, subsection 1. [ 2009, c. 61, §1 (NEW) .] SECTION HISTORY 2009, c. 61, §1 (NEW). §1396. LICENSE; REQUIREMENTS 1. License. A person may not directly or indirectly engage in or carry on, or purport to engage in or carry on, the business of, or act in the capacity of, an exchange facilitator in this State without first obtaining a license from the administrator in accordance with this chapter. [ 2009, c. 61, §1 (NEW) .] 2. Issuance of license. An application for a license as an exchange facilitator must be in writing and filed with the administrator in the manner and form prescribed by the administrator. The administrator shall set an application fee for a primary office not to exceed $350 and for any branch offices not to exceed $200. All funds received by the administrator under this chapter are appropriated for the use of the administrator. [ 2009, c. 61, §1 (NEW) .] 3. Renewal. On or before April 30th of each year, an exchange facilitator licensed under this chapter shall pay an annual license renewal fee of $150 and shall file with the administrator a renewal form containing such information as the administrator may require. [ 2009, c. 61, §1 (NEW) .] 4. Place of business; name. An exchange facilitator licensed under this chapter shall maintain a home office as its principal location for the transaction of exchange facilitator business. The administrator may issue additional branch licenses to the same exchange facilitator licensee upon compliance with all the provisions of this chapter governing the issuance of a single exchange facilitator license. An exchange facilitator may not engage in the exchange facilitator business at any place of business for which it does not hold a license or engage in business under any other name than that on the license. [ 2009, c. 61, §1 (NEW) .] 5. Exemptions. The following persons described in this subsection are exempt from the requirements of this chapter: A. A taxpayer or a disqualified person, as that term is defined under United States Treasury Regulation Section 1.1031(k)-1(k), seeking to qualify for the nonrecognition provisions of Section 1031 of the United States Internal Revenue Code of 1986, as amended; [2009, c. 61, §1 (NEW).] B. A financial institution; [2009, c. 61, §1 (NEW).] C. A title insurance company, underwritten title company or escrow company that is acting solely as a qualified escrow holder or qualified trustee, as those terms are defined under United States Treasury Regulation Section 1.1031(k)-1(g)(3), and that is not facilitating exchanges; [2009, c. 61, §1 (NEW).] D. A person that advertises for and teaches seminars or classes or otherwise makes a presentation to attorneys, accountants, real estate professionals, tax professionals or other professionals, when the primary purpose is to teach the professionals about tax-deferred exchanges or to train them to act as exchange facilitators; [2009, c. 61, §1 (NEW).] E. A qualified intermediary, as that term is defined under United States Treasury Regulation Section 1.1031(k)-1(g)(4), who holds exchange funds from the disposition of relinquished property located outside this State; [2009, c. 61, §1 (NEW).] F. An entity in which an exchange accommodation titleholder has a 100% interest and that is used by the exchange accommodation titleholder as defined in United States Internal Revenue Service Revenue Procedure 2003-37 to take title to property in this State; [2009, c. 61, §1 (NEW).] G. A person licensed to practice law in this State while engaged in the performance of the person's professional duties, except an attorney or law firm actively engaging in a separate business as an exchange facilitator; [2009, c. 61, §1 (NEW).] H. A real estate company, broker or salesperson licensed by and subject to the jurisdiction of this State while performing acts in the course of or incidental to sales or purchases of real or personal property handled or negotiated by the real estate company, broker or salesperson; [2009, c. 61, §1 (NEW).] I. A receiver, trustee in bankruptcy, executor, administrator, guardian or other person acting under the supervision or order of a court of this State or of a federal court; [2009, c. 61, §1 (NEW).] J. A person licensed in this State as a certified public accountant while engaged in the performance of the person's professional duties who is not actively engaged in a separate business as an exchange facilitator; [2009, c. 61, §1 (NEW).] K. A regulated lender subject to the licensing requirements of Title 9-A to the extent the lender is not engaged in a separate business as an exchange facilitator; [2009, c. 61, §1 (NEW).] L. Any federal or state agency and its political subdivisions; and [2009, c. 61, §1 (NEW).] M. A loan broker subject to the licensing requirements of Title 9-A, Article 10 to the extent the loan broker is not engaged in a separate business as an exchange facilitator. [2009, c. 61, §1 (NEW).] [ 2009, c. 61, §1 (NEW) .] SECTION HISTORY 2009, c. 61, §1 (NEW).
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