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Maine Questions & Answers
1 Answer | Asked in Criminal Law for Maine on
Q: Can I get in trouble for using marijuana if I have a medical card. I'm on a deferred disposition

My conditions are no use or possession of marijuana, alcohol, or illegal drugs. But if I have a medical card wouldn't that potentially make me able to smoke marijuana almost like a perscription

Hunter J Tzovarras
Hunter J Tzovarras
answered on Apr 14, 2022

If the deferred disposition says no marijuana, you would be in violation of the agreement if you had marijuana. You can ask the court to amend the conditions to remove this because you have a medical card.

1 Answer | Asked in Real Estate Law for Maine on
Q: In a new development, is the builder required to provide grading and drainage plans to the buyer before signing the PS?

After signing P&S and before grading and drainage plans were shared, swales we’re installed on two sides of the property. 7 months after closing a swale on the 3rd side is now also being installed.

Fred Bopp III
Fred Bopp III
answered on Feb 24, 2022

You should consult with an attorney who has experience in this practice area and can review all the relevant documents. This question cannot be answered effectively in this forum based on the information you have provided.

1 Answer | Asked in Consumer Law, Products Liability and Construction Law for Maine on
Q: East coast carports built 30x70 metal building in maine in Oct 2019. Defective roof supports and it collapsed today

East coast car ports are located in mt airy, NC. our property is in Harrison maine. Defective roof support and they came last year to replace supports and used same exact supports to replace twisted broken supports. We do not know what to do and need advise and direction

Please help

Fred Bopp III
Fred Bopp III
answered on Feb 7, 2022

Hello, I received your voicemail. It looks like I obtained my earlier information from the incorrect website. I suggest you try to contact them at either of these numbers: 336-415-5855 OR 336-755-3409 or by using this email address: eastcoastcarportsnc@gmail.com

This appears to be the...
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1 Answer | Asked in Copyright for Maine on
Q: So this question is about copy right if I want to use the monopoly man and board game for an NFT project can I?

Can I without being accused of copyright or do I need to get permission. And if I do need permission can I change the name and just have it be that like from monopoly to monopol-E

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Don't do it. Consult with an attorney.

2 Answers | Asked in Criminal Law for Maine on
Q: Is there anyway to resolve an out of state bench warrant without going to that state?

I live in Maine and have a nine year old bench warrant in Florida for a misdemeanor and failure to appear, the last thing I want to do is go to Florida. Are there any options I can try from Maine?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jan 20, 2022

You can try resolving it from Maine but will need a Florida lawyer because it's a Florida case. I lawyer in Florida may be able to get the warrant vacated and resolve it without you having to return to Florida.

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1 Answer | Asked in Banking and Contracts for Maine on
Q: I have a title to a truck with no lein holder on it, bought trk from dealer bank financed, do I own it

Trk is bank financed I've made one payment

Fred Bopp III
Fred Bopp III
answered on Jan 9, 2022

I cannot answer your question without more information. For starters, what do you mean by "with no lien holder on it"?

1 Answer | Asked in Uncategorized for Maine on
Q: Required to use a medical device, but the requirement is based on false information, and harms health. What can I do?
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2021

A Maine attorney could advise best, but your question remains open for two weeks. This looks like something where the more immediate guidance needed might be that of a medical professional more so than that of an attorney. Only a medical professional is qualified to evaluate the harm to health from... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: What means do I have for removing someone from a property deed? I'm the only one on the mortgage. Not married.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 22, 2021

You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.

1 Answer | Asked in Intellectual Property for Maine on
Q: Would signing a “Name and Likeness agreement” give all rights of all of my music over to a company?

I am an up and coming musician. A company reached out giving me the opportunity to work on a song for them. Would signing the “Name and Likeness agreement” give them the rights to all of my music and branding or just for this one song?

Here is the excerpt I am concerned about: “... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2021

You need to hire an attorney to review it and propose changes.

That would be a typical clause but needs to be limited to only the work you are doing.

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for Maine on
Q: I’ve been staying at my mother’s apartment, temporarily. She and her neighbor, across the hall, both in their 80’s, were

cordial, but not close. It was revealed, without a doubt, this neighbor placed a false complaint to the state’s elderly abuse hotline naming me as the culprit. Last week, we woke early to welcome a caseworker and police investigator into the apartment. They both explained,“we get many calls out... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2021

A Maine attorney could advise best, but your question remains open for two weeks. In a general textbook sense, it's possible the situation could be characterized as one involving defamation, where false statements result in someone suffering damages to their dignitary interests. But from a... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Will prosecution still send evidence if they plan to drop the case?

My husband and I were both charged with endangerment, but everyone agrees there is no case. Even the DA said it was weak and we were "never intentionally negligent" and the law is literally on our side - we didn't break any laws. We left our sons in the car with two cell phones and... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Dec 5, 2021

The prosecutor is required to turn over all evidence and information they have on your case, including any exculpatory evidence, up until the point the case is dismissed or finished. If they have not turned over something, you should bring it to the Judge's attention at the next court date,... Read more »

2 Answers | Asked in Contracts, Consumer Law and Criminal Law for Maine on
Q: If I buy something is it legal for previous owner to sell it to someone else after I have paid them?
Fred Bopp III
Fred Bopp III
answered on Nov 26, 2021

Your question does not contain sufficient facts to provide a complete answer. That said, it sounds like the seller may have breached his or her contract with you and you would be entitled, at least, to a refund of what you paid to the seller. In a conventional breach of contract situation, the most... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Can I refuse to sell my property to certain named individuals (my neighbors) even if they produce a full price offer?

I am planning on selling my house in the near future. I have a poor relationship with my neighbors but they would like to get their hands on my property. I want to ensure they cannot buy my property in any way.

Fred Bopp III
Fred Bopp III
answered on Nov 23, 2021

As a general rule, a seller is not obligated to accept an offer (even a full-price, no contingencies offer) from a potential buyer and, as long as you do not refuse an offer based on racial or other forms of illegal discrimination, you should be able to decline to sign a purchase and sale... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can I withhold rent payment if landlord illegal entry/ without proper notice on commercial lease.

Landlord wants to put up brokers marketing sign in our lease space before our lease term expires. Lease does not have the provision that landlord can enter and put up the sign. Can tenant withhold rent payment or charge landlord for usage of leased property (window) for advertising?

Fred Bopp III
Fred Bopp III
answered on Nov 10, 2021

The answer to whether your landlord can put up a broker’s marketing sign in your lease space before your lease term expires will likely depend on the language of your lease. It is generally standard for a commercial lease to contain a provision allowing a landlord to do this under certain... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My current landlord and I resigned the lease but never changed the dates on my copy, is my lease still active?

My copy still has the old dates of 11/1/20 to 11/1/2021. They just had me resign but didn’t change any of the dates and it’s 15 days early.. is my lease good or does it technically not start yet?

Fred Bopp III
Fred Bopp III
answered on Oct 21, 2021

This question is difficult to answer properly without seeing the lease, but in general, the answer will depend on the intent of the parties in resigning the lease. If you both resigned the lease with the intent to extend the term for the same period, i.e. another year, then your current lease will... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My landlord keeps texting me saying they need to get into the house and giving me a few hours notice at best.

On 2 occasions my landlord has text me saying they need to get the furnace cleaned and asked if I could be at home to do so with a 30 min notice. Is this legal?

Fred Bopp III
Fred Bopp III
answered on Oct 21, 2021

Applicable Maine law provides as follows: "A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I have an annoying landlord who enjoys harassing us about our own life decisions.

N/A

Fred Bopp III
Fred Bopp III
answered on Oct 19, 2021

I suggest you contact Pine Tree Legal Assistance: https://ptla.org/contact-us#Augusta

Call Us

(207) 622-4731

Mondays 12:00p.m. - 2:30p.m.

Tuesdays 9:00a.m. - 11:30a.m.

Thursdays 9:00a.m. - 11:30a.m.

Visit Us at Our Augusta Office

39 Green...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: After eviction for lease expiration, the tenant owes close to $10,000.00; how can landlord claim,track tenant&collect?

My understanding is that small claim court limit is much less than that in Maine. Do I need a lawyer? How much does it roughly cost?

Fred Bopp III
Fred Bopp III
answered on Oct 13, 2021

You are correct about small claims court – the limit is $6,000. If the landlord is an entity, then the general rule is the entity needs to be represented in court by an attorney (it cannot represent itself). If the landlord is a natural person, he or she can represent themselves in court,... Read more »

2 Answers | Asked in Contracts for Maine on
Q: I signed a year lease with a LLC in April. Recently the people that ran the LLC and owned the property sold it.

Do the new owners have to honor my lease if I stay within the lease agreement?

Fred Bopp III
Fred Bopp III
answered on Oct 12, 2021

As a general matter, unless your lease contains a provision stating that, upon a sale of the property, the lease can be terminated and you can be evicted, your lease would still be in effect after the sale and the new owners would step in as your new landlord. Yes, the new owners have to honor your... Read more »

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to pay my share of rental if I move before the lease ends and landlord does a walk through?

Signed a year lease on a 2 bedroom and my relationship with my roommate became untenable to where I did not feel comfortable staying there. I told the landlord that I

was going to move but would pay out the lease (two more months). I found another place and the landlord has done a... Read more »

Fred Bopp III
Fred Bopp III
answered on Sep 25, 2021

You say, “the manager made it clear I was not required to . . . pay out the lease (two more months).” If that constituted a binding agreement, then you have no legal obligation to pay any more rent.

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