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Questions Answered by Thomas C. Valkenet
1 Answer | Asked in Real Estate Law for Maryland on
Q: Does a MD HOA have to disclose to the home buyer HOA violations that were given to buyer prior to sale of the home?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 20, 2024

Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Can an easement on our property to our neighbors house be closed if they have an alternative driveway on their land?

Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 17, 2024

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 13, 2024

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

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2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

A property manager holding a MREC license is actually subject to MORE scrutiny than a property manager that is not a licensee. I will share from personal experience that property managers get sued, a lot. The issue is not so much whether you must be licensed, at all (a license is easy to obtain),... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More

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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 10, 2024

The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.... View More

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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

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1 Answer | Asked in Business Formation and Business Law for Connecticut on
Q: Can a thirdparty own part of an asset under an LLC without owning part of the LLC ?

I'm building 2 software products with 1 partner. We want to house both products under one LLC. For one of the products we reached an agreement for distribution with a third party, but the third party wants part ownership to that software since they'll be playing a key role in how we... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

There are a variety of options for sharing intellectual property rights. The existence of an LLC is not necessary. You don't even have to share ownership of the existing LLC. It is easy enough to allocate profits and losses from the sale and distribution of a product in a written agreement, or... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Maryland on
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it

Hello.

So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Maryland on
Q: If a prenup disposes of real property must it be recorded

Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 3, 2023

Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: real estate question

a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 17, 2023

The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can you help me fight and win charges that are being incurred to me for repairs at my Condo that Insurance should pay?

The former Management Company (Community Association Management, LLC.) at my Condo in Mcdonogh Township/The Lodge section mismanaged the Property and now the buildings are unsafe. A Unit owner who is leader of the HOA (Home Owners Association) took it upon himself to fire the Community... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 6, 2023

Most of your question involves "governance" of the HOA. I'm sure you are familiar with the by-laws, rules and statutes that dictate how management is conducted, and how leadership can be changed. Are you a Board member? Perhaps you should be.

The courts give the Board great...
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1 Answer | Asked in Elder Law and Real Estate Law for Maryland on
Q: Query regarding seller protections, sale of home to "investors" like MarketPro, Open Door, Express Home Buyers, et al.

Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2023

Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is a seller required to inform a buyer about mice infestation if they did have an actual knowledge?

The day after settlement I hired a pest exterminator to take care of coach roaches on the property and he found two mice and evidence of foam sealant for mice however the seller never disclosed.

I don't know if there is infestation yet, but I would like to know what Maryland law says about this?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 29, 2023

As you describe the situation, the evidence seems minimal. You don't say where the property is located. For example, in the City, mice will move from neighbor to neighbor, as one exterminates. Also, there are alternate reasons to use foam to fill voids-- energy conservation. It is one of the... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: If I were to bury a cremated family member on personal property, does the property need to continue paying property tax?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 28, 2023

The two concepts are not at all related. First, in Maryland there is no restriction on where human ash may be scattered. You only need permission if on private property. They really are no different than the ashes from your BBQ grill, and there is no tax break for scattering the ashes from your... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?

How does the land go from being taxed as farm land to residential taxes?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 15, 2023

In what State and County? Your question deals with issues of local subdivision rules, State taxation rules, and local zoning laws. The act of surveying land is performed in service to issues raised by any one or all of these bodies of law. All good questions, but ones best asked while sitting... View More

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