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
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

4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

View More Answers

2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I get free legal assistance in selling my fathers inherited house.
Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

Possibly! It truly depends on your situation. There are plenty of free and low-cost legal resources around the Maryland area. I first suggest that you consider reaching out to Maryland Legal Aid. Additionally, the Maryland Court system has catalogued several free and low-cost legal services on... View More

View More Answers

1 Answer | Asked in Real Estate Law for Maryland on
Q: I am one day away from closing on a home, but no longer wish to move forward with the purchase.

What type of penalties might I face or right to back out at this point in the process?

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

The obvious one is forfeiture of your earnest money deposit (EMD). It is possible you would be sued to specifically enforce the contract and force you to buy it, but that is a long expensive suit that will tie up the sale until it’s over and the seller would prefer to just sell their home—so... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 13, 2024

Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More

View More Answers

1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
View More

1 Answer | Asked in Real Estate Law, Environmental and Landlord - Tenant for Maryland on
Q: I was just cited From Prince George DPIE for infractions and have 2 fine for a total of $600 but was never sent a notice

I would like to know if they had to have sent a correction notice. How can I get proof of what they saw or they think was the infractions and if what they listed as infractions are infractions or are ok.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

If you have received citations from Prince George's DPIE (Department of Permitting, Inspections, and Enforcement) for infractions related to your property, it is crucial to review the local regulations and follow the proper procedures. Typically, jurisdictions have specific protocols for... View More

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.

View More Answers

1 Answer | Asked in Real Estate Law for Maryland on
Q: PMI removal is being denied because I paid my mortgage down below 78% ahead of the amortization schedule?

Can PMI removal be denied for paying your mortgage down faster than the standard schedule? I'm at 76% LTV of my original loan amount, but 3 years before the standard schedule says I should be. Is there anyway around that without paying for a BPO?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

The Consumer Financial Protection Bureau (a federal agency) has a wealth of information relative to this exact topic of removing PMI which can be accessed at the following site:

https://www.consumerfinance.gov/ask-cfpb/when-can-i-remove-private-mortgage-insurance-pmi-from-my-loan-en-202/...
View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can an association raise more than 10% of fees. My association went from in the past 2 years from $20,$25 & now $95 rais

I need answers on how an HOA can raise more than 10% a year? The association os grossly ripping us off. When asked to see their books as a Home Owner intitled to what I asked. I was turned down and that is not legal. Can you help?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

You’re not going to want to pay a lawyer’s hourly rates if you don’t want to pay $50 more per month or whatever the increase is. Maybe if you gathered a group of homeowners to share the legal fees, all being represented by the lawyer, that would be a way to make it affordable.

But...
View More

2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

View More Answers

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

View More Answers

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

View More Answers

1 Answer | Asked in Real Estate Law for Maryland on
Q: I live in Maryland and I have a home with my ex boyfriend which we are both on the deed & mortgage. I want to get out

I want to get out and he tried an assumption and did not get it. Is my only option a lieu in partition? What does that inquire?

Scott Scherr
Scott Scherr
answered on Dec 1, 2023

Your other options are for your ex boyfriend to refinance the house in his name alone and to buy you out, for you to refinance the house in your name alone (with his consent) and you buy him out, or you both agree to sell the house.

1 Answer | Asked in Real Estate Law for Maryland on
Q: If a condo is owned by an LLP can the resident of the unit be on the board (the resident is a member of the LLP

There is no other name besides the LLP on the deed, the resident is a member of the LLP, the person was elected to the board by the council of unit owners but it was not known at the time that the unit was not individually owned. The bylaws of the association state that only unit owners can be... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

An LLP is a unit owner which acts through it's managing partner or designated officer. Therefore, the member of the LLP is properly on the Board as the authorized representative of the unit owner. The Maryland Condominium Act, under the Real Property Code, states any unit owner may be... View More

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.