An Act To Ensure Protection from Harassment for Purchasers of Real Property through Auction
Maine Legislature, Session 124, LD 0103
Committee: JUdiciary
Sponsors: CROCKETT, BRYANT, BLANCHARD, BRIGGS, CONNOR, FINCH, MAGNAN, PRATT, GERZOFSKY, PLOWMAN
Amends: 32 MRSA §287-B, 32 MRSA §299

FIRST P~GULAR SESSION=2009 
Legislative Document 
No. 103 
H.P.87 
House of Representatives, January 12,2009 
An Act To Ensure Protection from Harassment for Purchasers of 
Real Property through Auction 
Reference to the Committee on JUdiciary suggested and ordered printed. 
Presented by Representative CROCKETT of Augusta. 
Cosponsored by Senator BRYANT of Oxford and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHARD of Old Town, BRIGGS of Mexico, CONNOR of Kennebunk, 
FINCH of Fairfield, MAGNAN of Stockton Splings, PRATT of Eddington, Senators: 
GERZOFSKY of Cumberland, PLOWMAN of Penobscot. 
PrintcLl (\11 rL't.:~t.:h:d paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §287-B is enacted to read: 
§287-B. Personal property located on I'eal property 
1. Opportunity to claim personal property. Prior to an auction of real property, 
the owner of the real property and the auctioneer shall provide an 0pp0l1unity for any 
person who owns personal property located on the real property to claim the personal 
property. 
2. Claim. A person who owns personal propelty under subsection 1 may claim the 
property by removing it from the real property or by notifying both the owner and the 
auctioneer that the personal property is owned by that person and may not be included in 
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the auction. 
3. Claim period. A person who owns personal propelty under subsection I may 
notify the auctioneer and the owner of the real property pursuant to subsection 2 anytime 
within the 30 days before the auction and the date of the auction. 
4. Not included in auction. Personal property that is claimed under this section by 
the date of the auction may not be included in the auction of real propelty. 
5. 
Removal of personal property. 
If a person who claims personal propelty 
pursuant to this section has not removed it by the date of the auction, the person must 
remove it as soon as possible or within a period agreed to by the person and the new 
owner of the real property. 
Sec. 2. 32 MRSA §299, sub-§8, as enacted by PL 1999, c. 146, §5, is amended to 
read: 
8. Statement of buyer's premium. A statement of the buyer's premium and any 
other charges to the bidders or any other persons in attendance; alliI 
Sec. 3. 32 MRSA §299, sub-§9, as enacted by PL 1999, c. 146, §5, is amended to 
read: 
9. Title and address. The title and address of the board-;-; and 
Sec. 4. 32 MRSA §299, sub-§10 is enacted to read: 
10. Personal property. In an auction that includes real property, any personal 
property on the premises of the real property to be auctioned that is not subject to the 
auction, including but not limited to personal property claimed under section 287-B. 
SUMMARY 
This bill requires the owner of real property that is to be sold by auction, and the 
auctioneer who will conduct the auction, to provide an opportunity for any person who 
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owns personal property located on the real propeliy to claim that personal property before 
the auction. The personal propeliy may be claimed by notifying the owner of the real 
propel1y and the auctioneer before the auction or by removing the personal propeliy. 
Personal propel1y that is claimed in this manner is not included in the auction of the real 
propeliy, and the auctioneer must make that clear at the beginning of the auction. 
If the person who claims the personal property has not removed it by the date of the 
auction, the person is responsible for removing the personal propel1y as soon as possible 
or within a time period established by the agreement of the person and the new owner of 
the real propeliy.