Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Real Estate Law Questions & Answers
3 Answers | Asked in Real Estate Law for Maryland on
Q: In Maryland, under contract to sell, do not want to give title company my social security number. what to do?

I understand that the sale must be reported to the irs. However filing instructions for the 1099s state several options of responsible parties to file it, this includes myself. What regulation/law requires it to be the title company? Also on that note while I understand the buyer has the right... View More

Richard Sternberg
Richard Sternberg
answered on Nov 2, 2024

The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Hello I gave notice to my rental office that I would vacate my unit on October 31, 2024. I moved my things out on Sunday

Hello I gave a 60 day notice to my rental office that I would vacate my unit on October 31, 2024. I moved my things out on Sunday October 27th, 2024 and left the keys in the drop box because I am moving over an hour away and it would be a hassle to return them this week. Yesterday as I was... View More

Leonard A Englander
Leonard A Englander
answered on Nov 1, 2024

Not really. Once you turned back possession of the premises, they were legally entitled to come in and dispose of anything remaining. The Landlord would generally be protected in this type of situation.

3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 22, 2024

As a married couple, I assume you held the deed as "tenants by entireties." Upon his passing, you became sole owner (there was nothing for the mortgage company to "confirm," it just happened). You can sell it, any time. The mortgage remains a lien and must be paid off at... View More

View More Answers

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land.

How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land. I sold the land to my company and later sold my company and the vacant land was apart of that transaction. The person who filed the complaint never put any money and has never paid any... View More

Mark Oakley
Mark Oakley
answered on Oct 16, 2024

The only way a person can file a sale in lieu of partition suit is if they are on the deed to the property, or if they have a legal agreement assigning them an interest in the property signed by the person named on the deed; however, if the latter is the case, and the agreement was never recorded... View More

View More Answers

2 Answers | Asked in Real Estate Law and Small Claims for Maryland on
Q: What is the legal interest rate I can charge to collect money awarded to me in a civil case in Montgomery Co, MD?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.

"Title" and "Deed" are generally interchangeable terms...
View More

View More Answers

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Symantha Rhodes
Symantha Rhodes
answered on Aug 28, 2024

As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More

View More Answers

1 Answer | Asked in Real Estate Law for Maryland on
Q: Does a MD HOA have to disclose to the home buyer HOA violations that were given to buyer prior to sale of the home?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 20, 2024

Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Question related to potential liability following a sale of a real estate property

I own a property that was remodeled but the work was done without the proper work permits and an inspector came and posted a stop work notice on the property. Bringing the property up to code required a significant financial investment as the work that was done was extensive and it was almost... View More

Mark Oakley
Mark Oakley
answered on Aug 28, 2024

Anybody can sue anybody for anything, and the person being sued will have to defend. There are various means and legal theories to pierce the company veil and reach the owner, but they all depend on a set of facts that your post doesn’t detail. You want a whole dissertation on all the ways the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: My new apartment came with a backed up kitchen sink. What can I do?

I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Can an easement on our property to our neighbors house be closed if they have an alternative driveway on their land?

Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 17, 2024

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 13, 2024

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: A pipe burst in an upstairs unit and did damage to a ground floor unit. Is the CUO responsible for repairs (ref 11-114)
Scott Scherr
Scott Scherr
answered on Apr 29, 2024

You would need to review your Condominium Association documents to see who is responsible for maintaining the pipes. It is either the Association or the owner of the unit.

1 Answer | Asked in Real Estate Law for Maryland on
Q: In Maryland home purchase, can I (the buyer) negotiate over minor repairs, such as the aging roof or deteriorating deck?

The inspection turned up a variety of issues with the home. However, none of these issues are safety concerns. For example, even though the roof needs to be replaced in the next year or two, there are no immediate safety concerns. Under Maryland law, am I able to negotiate over minor issues or just... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

Do you have an agent? This is part of your contract, in the Property Inspection Addendum (I am also a broker). The addendum includes a tight schedule of notices and requests. Anything in the report is fair game.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

View More Answers

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Richard Sternberg
Richard Sternberg
answered on Mar 31, 2024

The answer with the least legal expense is to sell or gift your mother's half of the house to your wife. There will be transfer taxes, it may be a recognition event as to capital gains, and you will need to refinance. The alternative is to review the mortgage and find out if it has a due on... View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Mark Oakley
Mark Oakley
answered on Mar 20, 2024

Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More

View More Answers

2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2024

I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More

View More Answers

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.