Get free answers to your Real Estate Law legal questions from lawyers in your area.
I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.
Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?
For example:
Gross value of estate... View More 
answered on Feb 26, 2023
Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More
The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More
answered on Feb 23, 2023
Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements... View More
Squirrels have been using the branches to drop onto and and leap from my deck. Extensive chewing of the deck rails requires repairs over $1,000 and is leading to instability of the deck. The base of the trees are on the 10' utility easement and within the 5' HOA easement. I want the... View More
answered on Feb 16, 2023
The way to know your responsibilities as well as your neighbors' and the HOA's is to review the deed, survey, and the HOA Declarations and other documents. Any shortcut of that is unreliable. Generally, however, your deed rises to the FAA overflight limitation and down to the core of the... View More
This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... View More
answered on Jan 31, 2023
If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... View More
have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More
answered on Dec 29, 2022
Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More
If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?
answered on Dec 26, 2022
You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.
answered on Dec 18, 2022
The records retention law applies to licensed real estate professionals in Maryland only, not to non-licensed professionals. A real estate licensee has to keep all records for a minimum of five years after closing for a property that has been sold; or, if the listing expires or the property is not... View More
Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.
answered on Dec 16, 2022
There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... View More
Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More
answered on Dec 14, 2022
Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More
When our client moved in, we had footing. Our footing was replaced and our agreement was that we would retain the new footing after they left. Now they've hired an attorney who is saying they're going to take the footing and leave nothing. Shouldn't our footing be a fixture that... View More
answered on Nov 30, 2022
Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... View More
He purchased the property in 2003 but years later a women was added what should I do
answered on Dec 2, 2022
Hire a lawyer to look into the title records, and provide a whole lot more details about who this woman was, her relationship to your father, whether she ever was romantically involved with him, or resided in the house, etc. If your father had a will, that should be reviewed. If there was an... View More
Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.
answered on Nov 21, 2022
It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... View More
In the fenced back yard are in a "do not disturb zone". What did that actually mean? The house has a highway on the back.
answered on Nov 19, 2022
Both the state and individual counties have zoning restrictions affecting development of land in certain protected spaces, including woodlands, wetlands, and along highways, among other locations. These are usually defined as restricting building and cutting of trees or clearing vegetation within... View More
answered on Dec 5, 2022
A Maryland attorney could advise best, but your question remains open for four weeks. In addition to your own searches, you could try the tab above, "Find a Lawyer." Additionally, many state bar associations have attorney referral services. Good luck
Or walking their dogs on the community street to get the dogs off the property for a walk on the public street.
answered on Nov 8, 2022
The answer starts with a review of the HOA bylaws. It continues to checking them against the covenants. It continues to reviewing the procedural integrity of the process that created the presumably new rule. And, then, at least as to rules involving public thoroughfares, the result gets checked... View More
answered on Nov 2, 2022
Consult counsel with details, but those details do not belong on an open, Internet site.
I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?
What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to
Him?
Baltimore county signed off on... View More
answered on Nov 2, 2022
A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.
A deed does not change who has responsibility on a mortgage, but... View More
We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?
How does it work if he wants to take over the loan? He... View More
answered on Nov 1, 2022
Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.
We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?
answered on Nov 1, 2022
Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... View More
He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan
answered on Nov 1, 2022
Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... View More
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