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Maine Questions & Answers
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: “... View 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... View 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... View 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... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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.

1 Answer | Asked in Employment Law for Maine on
Q: My boss threatened to punch me what do I do
Carrie Dyer
Carrie Dyer
answered on Sep 15, 2021

Provide a written complaint to your company's HR department regarding the incident so they can investigate.

1 Answer | Asked in Personal Injury for Maine on
Q: My entire family contracted Lyme disease in the yard of our rental property. There were multiple ticks in the grass yard

(Maine) Tenants were expected to mow the yard with equipment provided by landlord. We mowed frequently and there were still many ticks right in the yard. I informed landlord and he didn’t take any measures to control the ticks. (Spraying or other preventative measures.) We even relocated because... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2021

A Maine attorney could advise best, but your post remains open for two weeks. This looks like it could be a difficult case. Although your family experienced a genuine ordeal, the problem could be in establishing the connection between the yard and the disease. Ticks are pervasive everywhere. I... View More

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: Will a judge change a custody agreement if it means the other parent will lose his job?

I have my child every weekend and 1 week a month, my ex wife decided out of the blue that she now wants it one week on one week off so she gets weekends too. I work out of state during the week and take one week off every month. If this change goes through I will have to leave my job of 15 years.... View More

Robert Guillory
Robert Guillory
answered on Sep 2, 2021

in my experience a judge would be unlikely to do this. if you say that you cannot take the child during the week the judge will not order you to lose your job. However the judge might very well order that mom gets some weekend time so you would have to decide if you want to ask for time during the... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I paid ( in full) a year long lease and my landlord died. Can the new owner evict before my paid lease is up?

They have already had a sheriff server everyone in nearby units, but we paid the whole year upfront.

Fred Bopp III
Fred Bopp III
answered on Aug 24, 2021

The answer will depend primarily if not exclusively on the terms of the lease, but the fact that you paid a year's worth of rent upfront may entitle you to remain in the leased property until the end of that period.

1 Answer | Asked in Real Estate Law for Maine on
Q: Boyfriend and my name on deed but mortgage in my name. If we sell house, does he get money?

He brought no cash to the table and it is all my money. Mortgage is in my name only

Fred Bopp III
Fred Bopp III
answered on Aug 17, 2021

I would need to know more facts, but the answer is probably yes because he is a co-owner of the property. An important question is how do the two of you hold title to the property - as tenants in common or joint tenants? You should consult with an experienced Maine real estate lawyer who can review... View More

2 Answers | Asked in Real Estate Law for Maine on
Q: We bought a camp from family. They insisted on having rights to use the property. It isn’t working snd we want to change

We bought the property above appraised value. It allowed his aunt snd uncle (the owners) her two kids and grandchild lifetime use. For up to two weeks. The cousin has basically moved in. If we sell the house to ourselves or a trust can we get them off the use agreement?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2021

Not exactly sure of your situation, but straw deeds are not going to extinguish life estates in the chain of title. Apparently you have the remainder after their life estates and/or you did not have a competent attorney to draft that deed. Hire one now to search the title and determine the... View More

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1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... View More

Fred Bopp III
Fred Bopp III
answered on Jul 20, 2021

The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Maine on
Q: How do you set up a trust for your house so the state doesn’t take it?

My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.

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

This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.

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