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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: In the state of Maryland do I need to be informed if there was previously a meth lab on the property I just purchased?
Mark Oakley
Mark Oakley
answered on Sep 26, 2022

No, not specifically. If this is a normal purchase of a residential property (e.g., not a foreclosure sale), then the seller must "disclose any latent defects of which the [seller] has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Section 14-104(c) Does the Seller pay ALL transfer and recordation tax unless an addendum is signed

It has been my experience that Title companies automatically split it under the MAR Contract except to charge the seller the full amount of the State transfer tax Is this correct?

Daniel Staeven
Daniel Staeven
answered on Sep 20, 2022

The title company only operates from the contract and will split the transfer and recordation taxes if the contract so states. Your question missed the second part of Tax Property 14-104(c) which says "unless there is an express agreement between the parties to the agreement that the... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I bought a property in a tax sale, there is no mortgage do I have to pay a transfer tax
Daniel Staeven
Daniel Staeven
answered on Sep 14, 2022

It is likely that you will have to pay transfer tax on the money paid to obtain the tax sale. A tax sale deed is obtained from the Director of Finance or some similar official at the county where you purchased the tax sale. You will need a title company to record the deed and pay the appropriate... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: In the state of Maryland, if my neighbor is claims adverse possession on piece of my land. Who pays the taxes?
Richard Sternberg
Richard Sternberg
answered on Sep 13, 2022

You are completely confused about the concept of adverse possession, and your confusion is very likely to deprive you of your property. Get a lawyer!

Adverse possession is a defense. Think: Statute of Limitations. If you've let someone possess your property openly and adversely...
Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: How do I transfer my deceased grandparent's house into only my name?

My grandparent's left their house to my mother and aunt in their will. A copy of the Deed of Assignment with Reserved Life Estate is on file with the state as the most current deed. My grandparent's name is still on all paperwork coming from the city and state. My mother and aunt want to... Read more »

Mark Oakley
Mark Oakley
answered on Sep 12, 2022

You do not state who the remainderman is or who has the life estate. The deed will have to be reviewed by a lawyer. The life tenants under the life estate would need to transfer or relinquish their life tenancies and new deed can be issued to the remainderman in fee simple. If that is you, then... Read more »

0 Answers | Asked in Real Estate Law for Maryland on
Q: Real Estate Listing went offline without seller's authorization

My agent took my home listing offline without informing me then change company. new agreement signed but my listing still not online - it's been a week and a half

0 Answers | Asked in Real Estate Law for Maryland on
Q: Can anyones name be added to a deed?

We lived with my grandfather since 1998 after my grandmother passed away to take care of my grandfather. My grandfather passed away in 2019 and left his house to my father and my aunt. My father passed away in 2021 and now the house is my aunts(by deafult, bc no new paperwork was ever drawn up). my... Read more »

0 Answers | Asked in Real Estate Law for Maryland on
Q: Can I purchase a house with an FHA loan for the 2nd time?

I bought a house a few years ago with my brother. We used an FHA loan. I can't be sure but I think he was the primary. I have heard that people can use an FHA loan twice if it was once on a joint account ( for example if they did it with their spouse the 2nd time).

1 Answer | Asked in Real Estate Law for Maryland on
Q: Unpermitted work

Hi. I am a buyer and under a contract to buy home in Montgomery County, MD. Our closing is end of August. I just learnt that the home has unpermitted work. Seller built a bathroom in the basement. Seller signed the Maryland Residential Property Disclaimer Statement. My agent is agreeing but... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 9, 2022

You can't get a full and complete answer on this free platform because any lawyer will have to review the documents. I assume you are referring to the standard MAR and perhaps GCAAR forms. In our litigation practice, I have considered the failure to disclose unpermitted work to be both a... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I own a house with my ex and I’m still on the deed not the loan. I want to be bought out can I legal do that?
Daniel Staeven
Daniel Staeven
answered on Aug 2, 2022

Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.

Good luck in your future endeavors.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Can a neighbor claim possession of a community beach access pathway to the Chesapeake Bay?

Neighbor 1 has claimed possession of a community beach access pathway to the Chesapeake Bay .A 1923 deed conveyed right of access to the community. This right of access was confirmed in a 1935 court case ruling and also stated in a 1955 deed for the property in question. All subsequent deeds... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 24, 2022

You do not disclose whether you are 1, 2, 3 or perhaps an undisclosed 4. An academic response would require any lawyer to review the past title chain, the case law you reference, and perhaps inspect the conditions on the ground. You also mention at least one live lawsuit arising from the facts.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: We were given a buyer-broker agreement the day after we signed a contract to buy a house. Do we have to sign?

A realtor that helped us find a home to buy gave us buyer-broker agreement the day after we signed a contract to buy a house. We now close on home in a week and she is making us sign the buyer-broker agreement. She never told us we would have to sign any agreement with her brokerage prior to making... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 23, 2022

You misunderstand the document, and who pays the buyer's agent. Our lawyers are also licensed brokers, so we understand your question. It is the SELLER that pays the entire 6% commission, which is then SPLIT in some way with YOUR buyer's agent. The 2.5% you refer to DOES NOT come out of... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: MD Condo Act 11-125(e): This section's language is based on Investigating "damage" that already exists.

My condo has Noticed all 300 units in our hi-rise that they WILL be coming to "inspect" every unit for leaks and to ensure that we have the required (new rule) water alarms from 11/18-29/22. They are not presuming damage exists in all these units, nor that if damage does exist that it may... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 15, 2022

Your questions references the Maryland Statute. You don't reference the condo by-laws and rules that specifically govern your unit/development. This is where you will find your answer, I am certain. There may also be a dispute resolution process in the by-laws or rules. You should also review... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maryland on
Q: Can I hold our lender liable due to their negligence which caused us to lose earnest money deposit and other fees?

We were under contract to purchase our first home. The lender asked for a second extension on the closing date. The Seller was not happy but agreed under the terms that we would forfeit our earnest money deposit if closing did not happen. Our lender assured all parties involved that he only... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 11, 2022

Not likely. In Maryland there is a reported case called "Jacques," (my spelling may be off) which describes the standard of care owed by a lender to its prospective borrower. Whomever you consult should pull this line of cases for discussion.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Hello, I’m under contract for a home and want to back out due to it under appraising

The realtor has informed me that I cannot back out of the contract or I will lose my security deposit. The original appraisal was disputed. The seller is pushing to pay for another appraisal to be done. The realtor has asked the lender to get approval for another appraisal, but at this point I just... Read more »

Mark Oakley
Mark Oakley
answered on Jul 8, 2022

If you have a financing contingency, and your lender refuses to approve the loan based on the appraisal, then you may have a basis to cancel, but it depends on the language of the financing contingency and whether the lender will fund the mortgage for the purchase price under a different... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Good day, This question is for a real estate attorney experienced in chapter 7 post bankruptcy.

I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.

However, the statement says there is a deferred balance of 189k.

Over... Read more »

Daniel Staeven
Daniel Staeven
answered on Jun 30, 2022

It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: how do you sue a condominium association in maryland? The president lives out of state.

The condo documents filed in 1982 list a resident agent, but his wife indicates that he has had no contact with the association since 1982 and suffers from dementia.

Richard Sternberg
Richard Sternberg
answered on Jun 23, 2022

You can look up the resident agent at SDAT, since it was likely updated when the entity filed annual reports, or you can serve an officer, or you can serve SDAT if there is no resident agent, or you can move the court to grant substitute service. You start by reading the rules of civil procedure.... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex put me on his deed in N.C. In 2008. In 2011 did a gift deed my name is still on it unknown to me do I have legal ?

This was all done without my knowledge or even being notified I know as far as nc register of deed has me as a grantee the gift also has my name. I honestly don’t know what to do with this info Any advice

Richard Sternberg
Richard Sternberg
answered on Jun 21, 2022

Consult NC counsel. You probably have substantial rights.

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have squatters living next door for a year. Their waste water is entering my basement. How can I remove them?

The original owner died and the home was vacant. Can I use the nuisance property ordinance to remove them?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 15, 2022

Actually a common issue in the City. In past cases, we have sued the owner (in your case, the estate or heirs of the property) for nuisance and injunctive relief. You can also press the City Solicitor's office and Dept. of Housing to press regulatory claims against the owner, or to initiate a... Read more »

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