Get free answers to your legal questions from lawyers in your area.
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
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
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
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... View More
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
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
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?
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
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
How does the land go from being taxed as farm land to residential taxes?
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
need in order to make sure I do everything correctly and not against the law and to make sure I do not get into any legal trouble. Like what the process would be and what I would need between a Seller and a Buyer.
answered on Jul 18, 2023
Much to general a question to answer in this space. The answer depends on where you are contracting, the type of property, and what you are hoping to accomplish. Your business form is also a factor as well as your licensure (or not) as a broker or agent of someone else's brokerage.
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)... View 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... View 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... View 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... View 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.
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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.