I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.
As advised I’ve created an LLC (Carla Clemente Realty)... Read more »
answered on May 26, 2023
Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.
You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut... Read more »
I paid a person having Construction Firm license to build a restaurant but he escaped with money & never delivered. I paid him a lot of money already, but he delivered minimal work and all went wrong. I live in Maryland, so does he. Kindly please advice what I can do. Thank you.
answered on Apr 4, 2023
If you think he has assets sufficient to satisfy your debt, consider a lawsuit in the courts. Depending on the amount to be claimed, you can sue in either the district or circuit courts. There are many causes of action for breach of a contract to provide construction services. You can also... Read more »
We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?
How does it work if he wants to take over the loan? He... Read more »
answered on Nov 1, 2022
If you wish to remove your name from the underlying note, he must refinance. Period. "Taking over" often means he promises to make your payments, without changing the terms of the note and deed of trust. That must means you remain exposed when he misses a payment.
Hi. I am a buyer and under a contract to buy home in Montgomery County, MD. Our closing is end of August. I just learnt that the home has unpermitted work. Seller built a bathroom in the basement. Seller signed the Maryland Residential Property Disclaimer Statement. My agent is agreeing but... Read more »
answered on Aug 9, 2022
You can't get a full and complete answer on this free platform because any lawyer will have to review the documents. I assume you are referring to the standard MAR and perhaps GCAAR forms. In our litigation practice, I have considered the failure to disclose unpermitted work to be both a... Read more »
answered on Aug 2, 2022
Two co-owners may negotiate a buy-out. This pre-supposes that one is willing to sell. Does your divorce decree or settlement agreement describe the timing or mechanism for disposition of this asset? If not, you are left to file a lawsuit for partition if ex does not agree. The law doesn't... Read more »
Neighbor 1 has claimed possession of a community beach access pathway to the Chesapeake Bay .A 1923 deed conveyed right of access to the community. This right of access was confirmed in a 1935 court case ruling and also stated in a 1955 deed for the property in question. All subsequent deeds... Read more »
answered on Jul 24, 2022
You do not disclose whether you are 1, 2, 3 or perhaps an undisclosed 4. An academic response would require any lawyer to review the past title chain, the case law you reference, and perhaps inspect the conditions on the ground. You also mention at least one live lawsuit arising from the facts.... Read more »
A realtor that helped us find a home to buy gave us buyer-broker agreement the day after we signed a contract to buy a house. We now close on home in a week and she is making us sign the buyer-broker agreement. She never told us we would have to sign any agreement with her brokerage prior to making... Read more »
answered on Jul 23, 2022
You misunderstand the document, and who pays the buyer's agent. Our lawyers are also licensed brokers, so we understand your question. It is the SELLER that pays the entire 6% commission, which is then SPLIT in some way with YOUR buyer's agent. The 2.5% you refer to DOES NOT come out of... Read more »
My condo has Noticed all 300 units in our hi-rise that they WILL be coming to "inspect" every unit for leaks and to ensure that we have the required (new rule) water alarms from 11/18-29/22. They are not presuming damage exists in all these units, nor that if damage does exist that it may... Read more »
answered on Jul 15, 2022
Your questions references the Maryland Statute. You don't reference the condo by-laws and rules that specifically govern your unit/development. This is where you will find your answer, I am certain. There may also be a dispute resolution process in the by-laws or rules. You should also review... Read more »
We were under contract to purchase our first home. The lender asked for a second extension on the closing date. The Seller was not happy but agreed under the terms that we would forfeit our earnest money deposit if closing did not happen. Our lender assured all parties involved that he only... Read more »
answered on Jul 11, 2022
Not likely. In Maryland there is a reported case called "Jacques," (my spelling may be off) which describes the standard of care owed by a lender to its prospective borrower. Whomever you consult should pull this line of cases for discussion.
The realtor has informed me that I cannot back out of the contract or I will lose my security deposit. The original appraisal was disputed. The seller is pushing to pay for another appraisal to be done. The realtor has asked the lender to get approval for another appraisal, but at this point I just... Read more »
answered on Jul 8, 2022
If you have the standard MAR contract, the financing and appraisal addenda will describe a specific process to deal with this common situation. I say this as both a lawyer and Maryland licensed broker. Some agents will push for you to act outside the written process in order to preserve their right... Read more »
The original owner died and the home was vacant. Can I use the nuisance property ordinance to remove them?
answered on Jun 15, 2022
Actually a common issue in the City. In past cases, we have sued the owner (in your case, the estate or heirs of the property) for nuisance and injunctive relief. You can also press the City Solicitor's office and Dept. of Housing to press regulatory claims against the owner, or to initiate a... Read more »
There are multiple initials and signatures missing from the contract, including hers is missing on the page noted above (AS-IS). Post-inspection and appraisal (for a USDA loan), she states that that disclaimer is not part of the contract, and means nothing.
In an addendum, different... Read more »
answered on May 3, 2022
Did you treat the contract as "ratified," even with the missing items? Contracts grow and change, from the initial submission to the final document. Missing addenda and signatures may mean items were not agreed upon, or that simple mistakes were made. Your question doesn't allow for... Read more »
Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... Read more »
answered on Apr 4, 2023
Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.
answered on Mar 29, 2023
This is something a lawyer at a title company can do very easily. It is such a routine thing that you will pay less with them than if you hire a law firm.
house and left the sculpture for the new owner. Do I have the right to reclaim my sculpture? I live in Montgomery County MD and that is where the sculpture is too.
answered on Apr 6, 2022
Your question is two layered: First, was this a loan? Or, did you gift the item to your friend? And what were the terms of such loan? Second, did the home sale include chattel items in the list of personal property to convey with the sale?
The direct approach often works- ask for return... Read more »
I'm taking a Real Estate course at college and have been tasked with writing a deed. However, our instructor did not clarify the spacing of the text.
answered on Apr 1, 2022
It need only be legible. If you research old deeds, they are hand-written, single spaced, in cursive. Recording is charged a flat fee, up to a page limit. Thus, longer documents can be in very small, single-spaced text, to minimize the cost of recording.
Go to the land records, on-line, and... Read more »
6 weeks ago we learned that the MD taxes haven't been turned in yet nor has the deed been filed. We have contacted our realtor & the Title co. and for 6 weeks no one is providing answers. Who should we contact next ? We are unable to file our taxes until we resolve this matter.
answered on Mar 28, 2022
If you received a title insurance commitment or policy, make claim. This will trigger the insurance company to contact the title company (the title agent that issued your policy) for an explanation. This is your immediate pressure point. Your agent will be of little use on this issue, and the title... Read more »
answered on Mar 28, 2022
I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... Read more »
I am the buyer and the Settlement company we hired incorrectly recorded the mailing address for Grantee/Buyer on the Government Intake form.
Due to the address error, important mail and tax bills were undeliverable to the Buyer and returned to sender. I confirmed this with our County... Read more »
answered on Mar 22, 2022
For a dispute over $3,000, your remedies become as expensive or more expensive than the loss. Absent a negotiated agreement, you must sue: Either for coverage under the policy, or the title company for negligence. You might also pursue a claim against the insurer in the Maryland Ins. Admin. The... Read more »
I have pictures and a video showings when the surveyor was doing the work he put a stake in her yard she has now removed the stake twice and will not remove here fence I am mailing her a letter giving her a copy of the survey and asking here to remove here fence within 30 days from the date on... Read more »
answered on Mar 17, 2022
Good for you, to be proactive! If she doesn't respond you can remove the fence. If you want to avoid a possible confrontation, or escalation of neighbor dispute, you might consider an action for trespass/ejectment in the Circuit Court.
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