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Maryland Contracts Questions & Answers
3 Answers | Asked in Employment Law and Contracts for Maryland on
Q: Are non-compete clauses enforceable for 1099 physicians in Maryland?

I am a physician who signed a non-compete agreement as a 1099 employee in Maryland. The non-compete clause restricts me from working with competitors for 2 years. Are these types of non-compete clauses enforceable in Maryland?

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2025

Yes, it may be binding, but it will depend on the reasonableness of the restrictions, according to MD law, and the pay and position of the contractor.

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1 Answer | Asked in Contracts, Intellectual Property and Trademark for Maryland on
Q: Can I use "Pocketful of History" as my project's title despite a similar book title existing?

I started a writing project called "Pocketful of History" with a friend, which publishes educational and entertaining history content on Instagram and LinkedIn. We've discovered a book titled "A Pocketful of History: Four Hundred Years of America--One State Quarter at a... View More

James L. Arrasmith
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answered on May 28, 2025

You’re in the clear on copyright grounds, since single titles or short phrases can’t be copyrighted. Your project’s name doesn’t borrow text or artwork from that book, so there’s no copyright overlap.

Trademark rules operate differently: if nobody’s registered Pocketful of...
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1 Answer | Asked in Immigration Law and Contracts for Maryland on
Q: Who can be a Third Party Agent for AOS fee payment?

I am dealing with a situation regarding the payment of the Affidavit of Support (AOS) fee through the ceac.state.gov portal for the F3 immigration visa category. The portal specifies that the fee can be paid by the petitioner, applicant, attorney, or a "Third Party Agent" via a US bank... View More

James L. Arrasmith
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answered on May 14, 2025

You’re right to seek clarity before stepping into this role, especially when money, immigration, and official records are involved. A “Third Party Agent” in the context of the Affidavit of Support (AOS) fee is simply someone—other than the petitioner, applicant, or attorney—who agrees to... View More

2 Answers | Asked in Probate, Contracts and Real Estate Law for Maryland on
Q: Do I need a legal document to let a neighbor sell inherited furnishings?

I inherited a property as the sole heir and the estate has been closed. I need to clear the house of any remaining furnishings and personal property to prepare for sale. A neighbor offered to clean out the house and dispose of unwanted furniture. In return, they would keep any revenue from selling... View More

Mark Oakley
Mark Oakley
answered on May 12, 2025

From what you say, all property has already passed to you under the estate, and the estate is closed. The property is no longer "estate" assets, but your personal property. Do with it as you please. It may be prudent to have some form of written statement (even an email will do)... View More

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2 Answers | Asked in Animal / Dog Law and Contracts for Maryland on
Q: Do I have legal grounds to keep a dog I've cared for over 2 years under an initial temporary arrangement?

I've been in possession of a dog for over two years, initially under a temporary arrangement with the original owner, who was supposed to retrieve him after fixing her yard. Since then, I've solely cared for and financed the dog's needs without any interest from her, apart from a... View More

Mark Oakley
Mark Oakley
answered on Apr 20, 2025

In Maryland, and perhaps also in Pennsylvania (I am not a lawyer in PA) pets are considered property. You can only obtain as good legal title to property as the person you got it from had. I. Your scenario, if the person who entrusted their dog’s care to you had full legal title, meaning no other... View More

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3 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Personal Injury for Maryland on
Q: How can I toll the statute of limitations for filing a claim related to a failed retaining wall due to faulty engineering plans?

I am approaching the statute of limitations deadline of May 7, 2025, for filing a claim related to a failed retaining wall due to faulty engineering plans. The Professional Engineer Commission recently found the engineer's plans faulty, and he settled with them directly. I received this report... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

You toll the statute of limitations by filing the lawsuit providing adequate notice of the claim. This late, the defendants' best move is to pretend they have no problem with your delay in making the claim. Once you miss the deadline, they will move -- successfully -- to dismiss your case.... View More

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1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: Can a company increase the price of a paid product due to tariffs?

I bought a product from a U.S. company with delivery from China, paid for it 3 months ago, and received a written confirmation indicating the final price. The product hasn't been delivered yet, and now the company wants to raise the price due to tariffs. Is it legally permissible for them to... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is understandably frustrating, especially when you already paid and received written confirmation of the final price. In Maryland, once a sale is confirmed and payment is accepted, a company typically cannot raise the price later unless the original agreement included language that... View More

3 Answers | Asked in Business Law, Contracts, Bankruptcy and Real Estate Law for Maryland on
Q: What lawyer needed for family business dispute over asset paid by business?

I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I... View More

Mark Oakley
Mark Oakley
answered on Apr 1, 2025

If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More

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1 Answer | Asked in Contracts for Maryland on
Q: Is refusal of a nurse practitioner's note a breach of contract under "official documentation" clause?

My gym's membership cancellation policy states that a membership may be canceled without fees with a "physician’s note or some other form of official documentation." I submitted a note from my nurse practitioner, a licensed APRN specializing in adult-gerontology acute care, who is... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s incredibly frustrating, especially when you followed the policy in good faith and provided valid documentation from a licensed healthcare professional. In Maryland, nurse practitioners like yours are legally recognized to diagnose, treat, and prescribe, and their documentation is often... View More

1 Answer | Asked in Civil Rights, Employment Law and Contracts for Maryland on
Q: Legal claims for breach of contract, discrimination, and professional harm after being removed from a conference in Maryland.

I was humiliatingly removed from my professional society’s conference in Maryland despite having paid registration. The reasons were inconsistent, baseless, and discriminatory. The society violated its ethics code and failed to perform the investigation as promised. They endangered me by trying... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation involves several potential legal claims stemming from your removal from a professional conference in Maryland. Based on the facts presented, you may have actionable claims for breach of contract since you paid for registration and were denied the services and benefits of attendance... View More

4 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 20, 2025

Hopefully an agreement will be very clear about the buyout (e.g., A will pay B $X or 1/2 of appraised value less mortgage or whatever it might be). Any questions about a specific agreement are best posed to the counsel who helped draft that agreement, and your specific wording may lead to a... View More

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1 Answer | Asked in Contracts for Maryland on
Q: Can you please tell me what to do in the situation below:

My wife owned a nail shop, which she sold to another party in November 2022. In the bill of sale, she agreed not to open a new salon within an 8-mile radius. Around that same time, I opened my own salon about 4 miles from the one my wife sold.

In January 2023, the new owner sent us a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

This simple Q&A forum is insufficient to provide advice to someone being sued like you are for breach of a non-compete clause in a contract. You are already in suit, and deadlines are running. The longer you wait to hire an attorney, the worse off you will be because your lawyer will lose... View More

1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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1 Answer | Asked in Contracts for Maryland on
Q: I am the only one on contract- if something happens to me does wife still have to pay upkeep bills?

wyndam says she does they have lied to me all the time

Mark Oakley
Mark Oakley
answered on Dec 27, 2024

Wyndam, as in the hotel? If her name is on the hotel registry as a guest in the room, then the hotel contract probably provides that she is personally liable for the room charges regardless of whether you are the only one who booked and paid for the room to begin with. That’s a matter of contract... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: In Maryland, is a contract with a contractor valid if both parties have not signed it?

The contract is for repairs to my home.

Mark Oakley
Mark Oakley
answered on Oct 24, 2024

If no work has been performed or materuials ordered, then you can cancel and disavow the contract without penalty. If you've paid the initial deposit, and the contractor has commenced work or ordered materials, then you have partial performance and either side can argue the contract has been... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Business Law for Maryland on
Q: Can I collect on an agreement via email to furnish proprietary information with promise of hire? or Compensation?

Employer lives in Elkton, MD. I live in Florida. We agreed during interview that I would be getting started. That was verbal. Then via email it was agreed that in furnishing proprietary information to demonstrate my skill and abilities, I would be getting an offer within the next week. After... View More

James L. Arrasmith
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answered on Sep 7, 2024

You may have a valid claim for compensation or breach of agreement if the employer benefited from the proprietary information you provided based on the promise of a job offer or compensation. Even though the agreement was informal and communicated via email, such agreements can sometimes be... View More

1 Answer | Asked in Bankruptcy, Contracts, Arbitration / Mediation Law and Banking for Maryland on
Q: Can my car lease be repossessed from defaulting on a unsecured credit card within the same bank?

I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More

James L. Arrasmith
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answered on Jul 24, 2024

When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More

2 Answers | Asked in Contracts for Maryland on
Q: Can a restaurant be held liable for hosting an event by an company that fraudulently scammed people out of money?
John Michael Frick
John Michael Frick
answered on May 16, 2024

It depends upon the particular facts and circumstances. Key information will be whether the restaurant sponsored and promoted the event, or whether the sponsors of the event simply reserved a room or tables at the restaurant as a place to hold the event.

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1 Answer | Asked in Contracts and Banking for Maryland on
Q: Does the dawer of a negotiable instrument such as a check have the right to get the amount even if it’s not in the acc?

A bill of exchange such as a check is payable on demand and if it isnt, the bank is obligated to pay it according to the Bill of Exchange correct?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

In your specific example, with a check, the answer is almost always no. I don't know of any bank that would issue payment to a check payee when there are insufficient funds in the account. When a customer sets up an account with the bank they usually sign an agreement that entitles them to be... View More

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