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Maryland Contracts Questions & Answers
2 Answers | Asked in Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Mark Oakley
Mark Oakley
answered on Feb 23, 2023

Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements... View More

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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Allstate insurance has been overcharging my account for months. Sometimes 2-3/per month. What are my rights?

This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I break my lease due to anxiety and depression??

My bedroom ceiling began caving in one night while I was asleep in bed. The proper management company did come and replace the entire ceiling in my bedroom however I haven’t slept in my bed due to the constant fear of it caving in. This has caused me sleep deprivation, which is worsening my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the...
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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I ordered and put down a deposit on a 2022 Ford Maverick. The dealership just sold the vehicle out from under me.
Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Read your contract. The fine print. Did they promise you a specific vehicle by VIN#? Does the contract say they may get you an equivalent vehicle and may choose to sell the specified car to someone else? Does the contract say your sole remedy is return of your deposit or acceptance of a similar... View More

2 Answers | Asked in Contracts for Maryland on
Q: What’s the law about the earnest money deposit disbursements when the loan is denied in Maryland?

Thanks Mark! Is there a statute law in Maryland about the financial contingency? Is it possible to waive the financial contingency though the buyer need to get a mortgage to complete the contract?

Mark Oakley
Mark Oakley
answered on Feb 7, 2023

The financial contingency is a contract provision agreed to by the parties. It is normally not part of the main contract, but instead is a separate "addendum" signed and attached to the main contract, that specifically states that the main contract is subject to the terms of the... View More

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2 Answers | Asked in Contracts for Maryland on
Q: What’s the law about the earnest money deposit disbursements when the loan is denied in Maryland?

Thanks Mark! Is there a statute law in Maryland about the financial contingency? Is it possible to waive the financial contingency though the buyer need to get a mortgage to complete the contract?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

It depends on the contract, whether you signed a financing contingency, whether you as the borrower failed to follow through in good faith with the loan application process, etc. Ordinarily, with a financing contingency, if the buyer fails to qualify for a mortgage per the contract terms, then the... View More

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1 Answer | Asked in Business Formation, Business Law, Contracts and Gov & Administrative Law for Maryland on
Q: Can I be paid to fix a reverse osmosis filter without a plumbing license? Would fixing the filter be considered plumbing

The task/job was assigned to me through an app called task rabbit.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Maryland Business Occupations and Professions Code, Section 12-101, defines the term plumbing, and the need for a license, as follows:

(n) Provide plumbing services

(1) “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a...
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1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2023

No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... View More

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Would a plumbing contractor be required to itemize their receipt to show the cost of equipment and labor

In other words, can a plumber just give one flat fee to install a well pump and pressure tank and all associated valves and guages or does the law state they must disclose the cost of the equipment they purchased if the customer requests that they disclose it...the job is already completed.

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

No, if the contract was entered into on a flat fee basis. If the contract was on a time and materials basis, which would be stated, then yes. You are perhaps entitled to all manuafacturer warranties on the installed equipment.

1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What can we do about it! How can we handle him?

I have a roommate. Both our name are on the lease

He left two month ago to live somewhere else without telling me. I found his room empty . leaving the keys and refusing to sign off the lease. I found someone else to cover the rent and he knew and said he was cool with it. Now he wants to... View More

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

Put in writing (letter, email, text--and save it as evidence) that he cannot come back and if he does attempt entry he will be charged with trespassing and breaking and entering. Trespass can only be charged if he receives notice to stay off your property, and you need to prove you gave that... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I own a small electrical company and I am having issues collecting payment from a pretty large management company.

Contract agreement in net30 but payment is over 60 days past due. I threated to place a lien on the property and then the company had their attorney threaten me with lawsuit if I move forward with the lien. Am I able to put Lien on property? what are my options?

Mark Oakley
Mark Oakley
answered on Dec 7, 2022

Take your contract, your unpaid invoices, and correspondence regarding payment to a lawyer to review. Whether you pursue a mechanic's lien or file suit for breach of contract, or both, depends on the facts, what is owed, who you have a contract with, etc. Management companies do not typically... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I have hired someone to replace an old deck with a flagstone. he said he'd hire 4-5 worker and finish it in 2-4 weeks.

He did not hire anyone and tried to do it by himself and one assistant. Unfortunately, no contract was signed, and the original agreement was $11000. I have already paid him $8000 plus a $500 Home Depot gift card for extra materials that he needs (in case I am not available). He did not put on a... View More

Mark Oakley
Mark Oakley
answered on Nov 26, 2022

Let's start with the legal issues first:

(1) Did the contractor pull a building permit for this job, if one was needed? How high was this wall supposed to be (walls over a certain height require a permit)? It is the non-delegable duty of the contractor to obtain all permits and pass...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... View More

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... View More

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... View More

Mark Oakley
Mark Oakley
answered on Oct 26, 2022

It is almost impossible to imagine a buyer not knowing whether their contract offer was contingent on financing. The financing contingency is the single most important and most common contingency in real estate transactions. If, however, you used the GCAAR forms, then some sellers use a... View More

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2 Answers | Asked in Small Claims and Contracts for Maryland on
Q: Sold someone a graphics card on ebay. He contacted me a day later said its broken he now wants a refund.

He came to my house he tested it he said everything was fine he paid with cash. A day later he contacted me saying that after prolonged usage he can see artefacts on the screen something that has never happened to me. He asked for a refund but instead i just told him that I can send it for reper... View More

Mark Oakley
Mark Oakley
answered on Oct 23, 2022

You need to carefully read over the ebay terms of service and obligations between buyers and sellers, as that is a contractual matter as to what terms you bound yourself to in the sale of items over that platform. Under normal circumstances, unless you knowingly misled the buyer with a false... View More

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1 Answer | Asked in Contracts and Legal Malpractice for Maryland on
Q: Can Maryland lawyers charge without a contract or written agreement?

My mother requested a legal letter from a Baltimore law firm in 2020 but failed to make a personal copy. She called them again last month to request a reprinted digital copy with letterhead and also to inquire about legal advice for expungement. We got the pdf letter and another lawyer shared an... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2024

They should not charge in this situation unless the fee agreement from when they were previously hired could be considered to cover the recent consultation.

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