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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Maryland on
Q: Looking for a MD attorney specializing in 14-12B and my rights as an health club center against the buyer. Thank you.

I’m looking for a MD attorney who specializes in small business health club services and non/compliance to Maryland Code Commercial Law Title 14 - Miscellaneous Consumer Protection Provisions Subtitle 12B - Health Club Services.

Joseph D. Allen
Joseph D. Allen answered on Feb 18, 2020

You might be searching in vain for an attorney who specializes in that narrow of a field. However, it seems like the type of question that could be answered by any attorney capable of interpreting the statute sections and any applicable regulations and applying them to your situation.

1 Answer | Asked in Consumer Law and Criminal Law for Maryland on
Q: I bought a vehicle from someone who rolled back an odometer. Can I sue them for the full price + repairs for vehicle?

I bought a vehicle from someone in Laurel Maryland (private party) and i have proof from Pennsylvania State Police that the individual rolled back the odometer almost 70,000 miles. After fussing with them back and fourth, they said they will take the car back for ONLY the price I paid them for it,... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 18, 2020

That may or may not constitute a crime. You certainly could report it to the applicable state's attorney's office. Your best bet is likely to consult with the Attorney General or an attorney in private civil practice.

2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Consumer Law and Personal Injury for Maryland on
Q: Can I sue use waterproofing company for disrupting asbestos tile in my basement and not telling us it was asbestos?

The company drilled tile that is probably asbestos. 2 contractors that came to basement for other matters mentioned the flooring was asbestos. We had no idea and a whole year has almost passed since we the work was done.

Mark Oakley
Mark Oakley answered on Nov 29, 2019

So, first pay an asbestos remediation expert/contractor to provide a definitive confirmation whether you have asbestos tiles or not, and what, if any danger and cost of remediation will be. Get all that in writing. If the same expert/contractor is willing to state that the other contractor was... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: what recourse do I have getting monies returned that an attorney was holding after he suddenly passed away?

The attorney was the executor of my mom’s estate (small estate), I was the beneficiary on life insurance. He had the money to pay bills, etc. He had completed paying all monies, and 2 weeks after my last conversation with him, he passed away suddenly. I filed a claim against his estate after no... Read more »

Mark Oakley
Mark Oakley answered on Oct 22, 2019

You need to go to the Register of Wills and find out who took over as PR of the estate after he died. The PR has the ability to recover estate assets. If he was the estate lawyer, and not the PR, then any money should be held in an estate account and the PR would have access to it. If there is... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Do I have to pay this?

Got HVAC install. Tech give me work order showing zero owned and wouldn't take check. He stressed "You don't own anything" and also give me a copy of the work order showing a zero balance. They emailed me today from a donotreply email to pay 2 wks later.

Mark Oakley
Mark Oakley answered on Sep 24, 2019

(1) Did you receive something of value?

(2) Is the price one that you agreed to pay or reasonably within the dollar amount you expected to pay?

(3) If your answers to the above questions are both "yes", then you owe the money. The law will not allow you to keep a benefit bestowed...
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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: purchased a vehicle and the dealership only took $1,000 down payment but now they’re trying to make me give a $1,000.

Can they legally do that

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

A Maryland attorney would know this best, but your question remains open for three weeks. As a general matter, without regard to jurisdiction, making payments would be governed by the underlying sales contract (or financing agreement, depending on how the car was purchased). Check the contract and... Read more »

2 Answers | Asked in Consumer Law and Products Liability for Maryland on
Q: Can I hold Jiffy Lube responsible for my hood opening while I was driving?

Something crazy just happened with my car. The latch that secures my hood recently stopped functioning correctly. I secured it with a bungie cord. I got my oil changed yesterday. The hood was secure, but it appears that the cord was put back on too tight and it broke while I was driving. Luckily no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

If you had a properly working latch and they broke it, that would be one thing. But you are blaming them for improperly attaching a bungee cord, for which there isn't a designated proper place in the manual. Further, the bungee cord, being stretchable, shouldn't be used in the first place, and if... Read more »

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1 Answer | Asked in Banking and Consumer Law for Maryland on
Q: Is it legal for my friend and I to use our joint acct to charge 10% int on a 4 mth loan to friends that own business

My friend and I have friends with businesses that want to loan money from us at regular intervals. The minimum loan is $10,000 and maximum is $40,000. We are opening a joint bank account for the purpose of giving out loans to our friends and family. We want to charge 10% for a 4 month loan term... Read more »

Mark Oakley
Mark Oakley answered on Aug 23, 2019

If the loan agreement is in writing, interest in a loan my not exceed 24% per year, and must comply with numerous other legal requirements in order to avoid the risk of violating the users laws. Owing 10% interest at the end of 4 months is an effective annual interest rate of 30%. Not only is the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Maryland on
Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

1 Answer | Asked in Consumer Law, Divorce and Family Law for Maryland on
Q: Im A 33yr old married woman and my husband is incarcerated currently but he will be released some time next month

he claims that he has won a law suite against the baltimoe police dept and won how do I find out if this is true or not?

Dawn Renee Gould
Dawn Renee Gould answered on Jul 8, 2019

If you are planning to remain married to him, the only way to find out is to go online to Maryland Judiciary public case search and see if there was in fact a lawsuit. If you are planning on divorcing him, that information can be obtained though the discovery process.

1 Answer | Asked in Banking, Consumer Law, Contracts and Small Claims for Maryland on
Q: can a lender garnish a bank account with only $150.00 in it? on a $10,000 judgement. What can we do?

my wife and I left a leased property early and had a $10,000 judgement entered against us. Today we saw her account with $150.00 was garnished.

Mark Oakley
Mark Oakley answered on Jul 6, 2019

Yes. However, all persons in Maryland have statutory exemption rights. Basically, there are various dollar amounts that you can exempt from attachment by judgment creditors. Chief among those exemptions is the $6,000 “wild card” exemption that can be used on any asset you own, including cash in... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Do I have to return the wrong order I received?

I purchased shoes online and received some that had clearly been used and returned. I am being asked to send them back before anything can be done and that is upsetting me. Do I have to send it back for them to refund my money or help me at all?

Adam Savett
Adam Savett answered on Jun 26, 2019

It depends on the terms and conditions of the website that you bought the shoes from.

Generally, they can specify what their return policy is, and most websites force you to agree to the terms and conditions before being able to place an order.

Best of luck.

1 Answer | Asked in Banking, Consumer Law and Contracts for Maryland on
Q: Do I need a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 19, 2019

Your question involves at least two areas of commercial law in this state-- interest rates and lender licensing.

Maryland's laws on lending and usury (maximum interest) are a bit complicated. The legal rate of interest in this state is 6%. To charge more, you must fit within an...
Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for Maryland on
Q: Do I have a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2019

Say what? How can anyone know whether you "have a Maryland Consumer Loan license" or not? And why do you not know?

2 Answers | Asked in Car Accidents and Consumer Law for Maryland on
Q: Hi, Is a manufacturer dealership responsible to inform me of any recalls when I’ve taken my car there for repairs

I take my car to the manufacturers dealership for repairs and services

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

They should but it's really the manufacturer itself who should be sending you the information.

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2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on
Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... Read more »

Rolanzo Richard White
Rolanzo Richard White answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Maryland on
Q: My friend passed away and I have a car at his house. The car is titled in my name but his wife wont ler me have it?
Mark Oakley
Mark Oakley answered on May 26, 2019

Legal title means it’s yours. You own it. You cannot be charged with theft of your own property. You can be charged with trespassing, however, or assault if you go there and a fight ensues. If the vehicle is in the public street, go get it (use a spare key or have it towed). If not, or if you... Read more »

1 Answer | Asked in Consumer Law, Elder Law and Social Security for Maryland on
Q: My husband is in an assisted living facility and received a writ of summons for a credit card debt, what's next?

He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.

Contact your loal legal aid/legal services organization.

1 Answer | Asked in Banking, Consumer Law and Collections for Maryland on
Q: Can a company you have a bill with take money from your checking account without a judgment
Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.

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