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Maryland Contracts Questions & Answers
0 Answers | Asked in Contracts, Products Liability and Civil Litigation for Maryland on
Q: Am I liable for ANY UHAUL damages if the contract owner never checked in the UHAUL and I was not made aware until later?

I was made an authorized driver for a family friend's UHAUL (20ft) to move their personal belongings from Michigan to Maryland. However, during the trip the contract owner was made aware their UHAUL contract was cancelled (which included SafeMove Plus insurance coverage). It turns out the... View More

0 Answers | Asked in Consumer Law and Contracts for Maryland on
Q: If a creator on OnlyFans agrees to give me content but I have to use the tipping feature, but they keep the money

So I use OnlyFans and on there you can ask for something custom, generally, people would use the tip feature for payments on custom videos. Some creators tell people that they'll make a custom video but they have to pay using the tip feature, but when the buyer sends the money the creator... 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

1 Answer | Asked in Contracts and Legal Malpractice for Maryland on
Q: Can Maryland lawyers charge without a contract or written agreement?

My mother requested a legal letter from a Baltimore law firm in 2020 but failed to make a personal copy. She called them again last month to request a reprinted digital copy with letterhead and also to inquire about legal advice for expungement. We got the pdf letter and another lawyer shared an... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2024

They should not charge in this situation unless the fee agreement from when they were previously hired could be considered to cover the recent consultation.

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
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2 Answers | Asked in Contracts for Maryland on
Q: At what point are cancellation fees in a contract unreasonable?

I am involved with a greek organization chapter currently facing a contractual dilemma and am seeking legal advice on how to navigate this situation. Three years ago, an officer, who has since left the chapter, signed a perpetual service agreement with a greek organization management platform. The... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

This is a great question that I think hinges on the contractual defense of unconscionability. This is not the easiest contractual defense to prove, but it appears to be in the ballpark of what you're asking about which is the reasonableness of the contractual terms.

Here's what...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Contracts and Entertainment / Sports for Maryland on
Q: What If I Compleated My Music Contract And The Old Company Saying I'm Still Under Them

Have multiple Witnesses That Got The Same Contract Out Of 30 Artist Under The Label I'm The Only One Dealing With This

Sheldon Starke
Sheldon Starke
answered on Jan 24, 2024

It is absolutely impossible to answer your question as much as i'd really like to. This happens time and time again and everything depends upon an entertainment lawyer reviewing the agreement. We have so much experience and there are so many moves to make that you really need professional... View More

1 Answer | Asked in Contracts for Maryland on
Q: Before I type all of the details of my question, I want to confirm that this is actually free

I hired an attorney to help me with a disability case. Disability closed my case and opened a new one. Am I required to use the original attorney knowing that I can handle it on my own since it is a new case?

George Steven Louis
George Steven Louis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

You always have the right to represent yourself

You can terminate your current attorney as well.

Good luck which ever way you go.

3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Richard Sternberg
Richard Sternberg
answered on Jan 10, 2024

It’s not a majority vote issue. If any owner wants to sell, they can petition for sake in lieu of partition. The attorney fees will be reimbursed from the sale. The only defenses are that the property can be partitioned or the tenant in residence gets the notice given to tenants. Get counsel.

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1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: My car transmission has been replaced twice still financing and paying rental car what can I do

Along with other problems like catalytic covertor axle broke and transmission being replaced twice which they had for 6 weeks and we paid 3000 dollars in rental car

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

It isn't clear what legal issue you are seeking help with. It is neither fun nor cheap to replace a transmission but generally that falls 100% on the car owner unless the car is covered under a Lemon Law.

Maryland "Lemon Law" only applies to new (or newer) cars driven...
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1 Answer | Asked in Contracts for Maryland on
Q: Can I get a payment refund if my lawyer was not able to file a lawsuit on my behalf, as noted in the retainer agreement?

I signed a retainer agreement for a law firm to file a lawsuit on my behalf by a certain date and to represent me if there is a settlement. But a month after the indicated date on the agreement, the firm was still not able to file the lawsuit. I asked them why and I was told they lacked the... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, if the law firm failed to fulfill the obligations outlined in the retainer agreement, such as not filing a lawsuit by the specified date and lacking the necessary expertise, you may have grounds to request a refund. The retainer agreement and the nature of the legal services... View More

1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

James L. Arrasmith
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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: I was having financial difficulties and got behind on my HOA payments. I used a state program to pay off the past due

amount but a few week later, I received notice that a lien was filed on my home. I contacted the lawyer's office several times and not got a call or email back. I continued to call the lawyer and my HOA because I was blocked from making HOA payments and have been ever since. The HOA tells me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Some questions go unanswered here, but you might have better chances of a response by including the "Real Estate" category. Given that time is of the essence here, and that... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Maryland on
Q: If a prenup disposes of real property must it be recorded

Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 3, 2023

Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More

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1 Answer | Asked in Consumer Law, Contracts, Family Law and Tax Law for Maryland on
Q: I terminated services with a daycare provider and the provider is refusing to provide a receipt. What should I do?

The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.

James L. Arrasmith
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answered on Sep 14, 2023

If the daycare provider is refusing to provide a receipt, you can take the following steps:

1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment...
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2 Answers | Asked in Contracts for Maryland on
Q: Is a seller required to inform a buyer about mice infestation if they did have an actual knowledge?

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?

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. You could repost and add Real Estate as a category. Some questions go unanswered, but attorneys who handle real estate closings would have insight into this. Good luck

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1 Answer | Asked in Contracts for Maryland on
Q: My boyfriend died of a drug overdose in my apartment. They are now kicking me out. Is this legal

He is not a resident of the apartment just was staying over

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

I am sorry for your loss. It depends on the language of your lease. You would need to review the terms of your lease.

2 Answers | Asked in Contracts, Personal Injury and Car Accidents for Maryland on
Q: Form requires indemnification for a car accidents

My sister is disabled and lives in Maryland. A new agency will to be providing services to her, namely getting her "out in the community" by driving her to, and helping her participate in, activities outside of the home. The staff member would be driving her in their own car and is... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

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