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Maryland Business Law Questions & Answers
0 Answers | 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?

0 Answers | Asked in Business Law for Maryland on
Q: Can a nail salon lock you inside for a pricing dispute?

I recently went to a nail salon, the owner attempted to dictate to me what service I would receive. I held firm to the service I asked for upon entering. 2 of his employees began to berate me one after the other. After changing the pricing repeatedly & walking away saying I’d have to wait... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: Clarifcation requested -Rhode Island Law of Agency. A Dual/Joint Agency relationship Contract IS a Power of Attorney?!
Mark Oakley
Mark Oakley
answered on Nov 21, 2022

First, you are asking about Rhode Island law, and this is a Maryland legal forum you have selected. You need to repost your question and select Rhode Island as the geographic legal area in order to obtain legal advice from lawyers licensed and knowledgeable about Rhode Island law specifically.... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: Is it legal for a state to require a business to follow a set of regulations but then make the company pay for the regs

Recently the Maryland COMAR went behind a paywall. My company is required to follow the regulations in the COMAR but there is no public access to the information. The "free search" function provided only the section numbers and does not show the regulations. Is this even legal?

Mark Oakley
Mark Oakley
answered on Nov 11, 2022

It remains free:

www.dsd.state.md.us

(1) Click "Search COMAR Now" on the left-hand side of the page

(2) On the next page, scroll down the left-hand list of titles and click on the appropriate title for your area of industry. For example, if you are a home...
Read more »

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... Read 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.... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: Do i need to have lawyer for the $20,000 corporation lawsuit in Maryland
Mark Oakley
Mark Oakley
answered on Nov 7, 2022

If you own the corporation and the corporation is being sued or wants to file suit for more than $5,000, then the corporation can only appear in court to defend or pursue a lawsuit through a lawyer. For claims under $5,000 an owner, officer or authorized agent of the corporation can appear in court... Read more »

0 Answers | Asked in Business Law for Maryland on
Q: Hi there in regards to the regulations for access to public restrooms, can you define "convenient"

I'm assuming this means that it can't be locked and only accessible when an an employee has time or gives a code to a patron to let them in.

1 Answer | Asked in Consumer Law and Business Law for Maryland on
Q: Can a bar in Maryland legally display declined tabs on the wall for customers to see?
Mark Oakley
Mark Oakley
answered on Nov 2, 2022

If by "declined tabs" you mean, unpaid tabs or declined credit cards that left the tab unpaid, then yes. Truth is a complete defense to a defamation (libel) claim, if the named party on the tab is feeling humiliated by being called out in this manner. A "Wall of Shame" has... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: is there a MD law that says consultants can not use the hiring companies resources (such as laptop and/or office space?

I provide sales/Business development services

Mark Oakley
Mark Oakley
answered on Oct 3, 2022

No. That would be a private contract matter between the consultant and the hiring company.

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Can I insinuate or "threaten" to break a solar contract that's already been installed?

I recently had solar panels installed in MD. It was verbally stated and explained how it would be installed: inverter inside in the basement, shutdown switch outside in the front, and conduit running on the side of my home hugging the downspout. The installers didn't do this and performed the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

You have a breach of contract action that is unlikely to be material enough to allow you to rescind the contract, give back all the solar panel equipment, and get a full refund. You will be stuck with your contract. Your damages will be measured by the cost to correct and repair any faulty... Read more »

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... Read more »

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1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Does a president of a condo association have the right to hire and fire employees without board approval?
Matthew Morris
Matthew Morris
answered on Jun 4, 2022

Like almost any good legal question, the answer is "it depends." Generally, an individual person can be given the ability to hire and fire employees without calling for a board vote. But a more specific answer is that you should look at your association's bylaws. Under Maryland law,... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: I am separating from a business partnership and want to know if I am liable for business debt.
Mark Oakley
Mark Oakley
answered on May 5, 2022

If it is a general partnership, and not a limited liability company or corporation, then all partners are equally and personally liable for the debts of the partnership, subject to any partnership agreement or withdrawal agreement between the partners as to indemnification or contribution toward... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: In MD can I use my llc to run an apparel store and for a self nail salon? Do I need 2 trade names under the llc?

I use my llc to run my apparel store but I want to start a self run nail business and I don't want to start a new llc. Can I use the llc to parent the 2 companies ? Do I need to purchase a trade name for each or can I just do one for the nail business and continue operating the llc apparel... Read more »

Mark Oakley
Mark Oakley
answered on Apr 15, 2022

Most LLC articles of organization contain a purpose clause that authorizes the LLC to engage in any lawful business or activity, but unless the articles strictly limit the business activity of the LLC, then the LLC can run any type of business it is otherwise lawful for anyone to engage in. The... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for Maryland on
Q: What are my rights as a llc when a contract is being broken? I have refused to sign a addendum.

I have a contract with a organization. I was handed addendum to the contract which declined to sign. They threatened to They threatened to suspend contract. Three is 25 hour week retainer fee. The contract can be cancelled by either party by giving 60 day notice in writing which I have not... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

You need to take your contract to a lawyer to review what it actually says, and evaluate whether it has been breached or not, and what your remedies are in the event it is breached. Your post does not really say anything other than they are trying to change the terms of the agreement you both... Read more »

1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: Does a prior burglary 2nd degree not of homes disqualify you from getting home improvement license cases are 17 years ag

A maryland home improvment license

Scott Scherr
Scott Scherr
answered on Mar 23, 2022

I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: If another business in another state has the same name as mine, what ramifications could be involved?

I am in the process of starting my business with the paperwork having been filed to the state of Maryland. Since filing, I found out that another business exists with the same name out of California. Both businesses have the potential for national and global reach (theirs is a fiction magazine,... Read more »

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

Assuming neither business is currently doing business in each others current territories, and assuming neither business has registered the name as a federal trade name with the USTPO, there would be no appaent conflict. An agument might be made that the two businesses are sufficiently dissimilar in... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Maryland on
Q: Can a Maryland business deny you service based on LGBT status? My child (exploring gender) was told they aren't welcome
Mark Oakley
Mark Oakley
answered on Feb 2, 2022

Not in Maryland they can't. The Fairness for All Marylanders Act of 2014 prohibits it. If the business is an establishment where the public has access to goods and services (bars, restaurants, hotels, gas stations, retail stores, etc.), it is not allowed to treat a person who identifies... Read more »

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: My boss has a camera in my office I did not know about. Is this legal?

We have many 24 hour security cameras at my workplace in most of the rooms and offices. Some are only visual and others also record audio. All are placed in various corners of ceilings so we are aware our boss can monitor us. My office is one of the few that does not have a camera in the room.... Read more »

Mark Oakley
Mark Oakley
answered on Jan 23, 2022

Sounds like it is time to start looking for employment elsewhere rather than continuing to work in this creepy, untrustworthy surveillance atmosphere. The employer either shows zero faith or trust in his employees' honesty or is some kind of pathetic voyeur. Surveillance makes sense for... Read more »

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