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Questions Answered by Thomas C. Valkenet
1 Answer | Asked in Real Estate Law for Maryland on
Q: If I back out because the seller won't make some changes I requested on inspection addendum, can they keep my earnest $?

The seller hired a contractor to review my requested changes, and that contractor said some of the changes aren't necessay (although my inspector said they are). They aren't willing to make the changes their contractor deemed unnecessary, so we would need to spend about $25,000 making... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

It depends on how your contingency in the contract documents reads. It would be silly, for instance, to allow folks to dump a contract for minor things. But you won't get the answer you need unless someone actually reads your documents and compare them to the chain of communication and... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: My neighbor put a fence in my yard which was damaged who is responsible?

I have had an ongoing dispute with a neighbor. I live in Prince George's county Maryland. My house and my neighbor to the rear are new homes in an old subdivision. My neighbors home was built first mine second between the two plats was originally a 10 ft grass alley however the county deemed... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

This is a very common issue we see in our title insurance litigation practice involving adverse possession, trespass and injunctive relief. Seek a court order to protect you before exercising self-help to remove the fence. It is safest to have a judge declare your rights in an order that will be in... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: In MD, do I need to disclose a foundation repair that occurred in 2011. No foundations issues since repair.

Work was done by a well known legitimate company.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

If you use the standard MAR contract, you can choose to sell "as is," or you must fill out the full disclosure form.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can my HOA force me to remove solar panels from my roof? I live in the state of Maryland.

I had solar panels installed on my roof I submitted the details to my HOA at the same time the panels were installed and the HOA said I could not have on my roof and I need to take them down.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Maryland has protected a homeowner's right to install solar panels for years. Whether your situation fits within the statute depends on the details of your situation.

1 Answer | Asked in Real Estate Law for Maryland on
Q: i recently bought a house and the roof is leaky. the inspector missed it and he says he has a clause in contract can i

sue him or the seller

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Your rights flow from the contract. Nobody can give you advise like this without reading the contract documents.

1 Answer | Asked in Real Estate Law for Maryland on
Q: My sister has a house the she has a mortgage on. She wants my name to go on the deed.

My sister wants to put my name on the deed to a house that she still has a mortgage on. I want my name on the deed because it is our family home and she cannot afford to care for it on her own. I would love for my name to be on the deed but not on the mortgage is this possible. She has a life... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

You may do that, easily. But you must understand that the entire home remains encumbered by her mortgage even after you add your name. You won't be personally liable on the note, but the house is responsible for the lien.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can buyers sue us for inspection and survey costs after they backed out of contract?

Said we lied on disclosure. Problems with septic tank and piers under home. We are not septic experts or structural engineers.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

This is a common issue, and it largely depends on the language of your contract. Are you using a standard Board of Realtors document? You must have someone read this and review on your behalf. How about your agent?

1 Answer | Asked in Real Estate Law for Maryland on
Q: Neighbors new HVAC unit over the property line

I have a neighbor that wants to install his outdoor heating and A/C units over my property line. These units will be elevated and mounted on the house abouot 8 feet from the ground, The house is about two feet from the property line so he would be a foot over. Would this open me up to adverse... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Possibly, although "permission" destroys adverse use. If you allow this, have a written agreement to demonstrate this continuing permission to future owners of both properties. A nominal rent might be included. But your neighbor should be wary of zoning laws that require set backs for A/C... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: I have drug addict squatters paying rent to the disabled owner who took off to kentucky How can I get them out?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

People paying rent to the owner are not squatters. But if the drug use amounts to a nuisance, you may have a right to sue the owner and the tenants. You might also complain to the police.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Neighbor claiming some of our yard that is fenced in is his, Fence has been there for 20 + years we just purchased house

What should we do? We where never told by the sellers of the home or anyone else that some of the land belong to the neighbor.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

You may have a counterclaim for adverse possession. As the new owner, you get to add the prior owner's time of possession to yours. But this is not self enforcing. You must take the claim to court if it cannot be negotiated. Did you have a survey done? Have you made claim on your title insurance?

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I sell my property in Somerset County, MD without redeeming it?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

You have not identified what needs redemption, a tax lien? A mortgage that is in default?

1 Answer | Asked in Real Estate Law for Maryland on
Q: Homeowners right for For Sale sign

As the owner of a fee-simple townhouse what are my rights for "For Sale" (resale) signs according to this statement (from my CRR's)- note: HOA is still under the builder due to current construction: SIGNS: "No signs of any character shall be erected, posted, or displayed upon,... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

While you own the lot or dwelling you may have a for sale sign on the lot or dwelling until the settlement.

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: in Maryland P.G. County Circuit Court what does the "CAL" bfore the case number translate to in a contract case appeal.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

It is merely a court's administrative format for designating actions at law, as opposed to criminal and other causes of action.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Were we to make it to the 20 year point in Maryland, would we have a case for adverse possession?

We have been maintaining an abandoned foreclosed home for 2 years in MD. We mow, shovel, rake, weed, clean gutters, do minor exterior repairs. We did several dump runs to address mounds of trash left behind. We started some of this while the previous owners were there. We notified the bank and... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Based on your facts in this question, the answer is "no." And you are not entitled to compensation, either, as a volunteer. We have had cases like this where a neighbor's land fell into disrepair an damaged our client's property. That leads to a lawsuit for nuisance and money... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: How I may add mine name to the deed of the house under mine husband name.we buy a house inside are marriage.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

This is very easy. It simply requires a new deed signed by both of you.

1 Answer | Asked in Real Estate Law for Maryland on
Q: County expanding road into right of way in "our" yard

The county is expanding an existing road by 12' into our yard, technically the right of way. Does the right of way move closer to our house if the road expands? Don't they need to purchase our property?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

This is an interesting issue we have seen often in our title insurance practice. Only a review of the plats and your title documents will inform a lawyer of the County's rights and yours. If the roadway is being expanded to fill an existing right of way, then it is not a "taking."... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My parents were fired without a notice - is this illegal ?

my parents deliver the washington post newspaper everyday they have been working there for more than two years.Now the manager just fired my mother without a notice from one day to another...Is illegal to do ?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

If they do not have an employment contract or union rules about termination, then they are "at will" employees that can be fired without notice, and without reason.

1 Answer | Asked in Real Estate Law for Maryland on
Q: I just received paperwork for an entry of the order for judgement of possession. What can I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Call the moving truck because this is the very, very last step in a foreclosure. The next step is for the sheriff to come and evict you. It is best to contact the new owner and schedule a move out date.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is a contract of sale listing a deceased person as seller valid in MD, or should the contract list the seller as "the es

tate of" as the seller?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

If a person is dead, then the right to sell his property belongs to his estate. And only a Personal Representative may enter contracts on behalf of the Estate. More importantly, only the Personal Representative can sign a deed or contract passing title to the property to the buyer.

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