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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: My car transmission has been replaced twice still financing and paying rental car what can I do

Along with other problems like catalytic covertor axle broke and transmission being replaced twice which they had for 6 weeks and we paid 3000 dollars in rental car

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

It isn't clear what legal issue you are seeking help with. It is neither fun nor cheap to replace a transmission but generally that falls 100% on the car owner unless the car is covered under a Lemon Law.

Maryland "Lemon Law" only applies to new (or newer) cars driven...
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1 Answer | Asked in Animal / Dog Law and Consumer Law for Maryland on
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.

When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?

James L. Arrasmith
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answered on Dec 6, 2023

In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello, I have an unsecured loan note from my brother wich is notorized back in 1998 with payoff date 2005.

Last page indicated"Witness our hands and seals "above signature line. Note was signed in WVA. My brother lender lived in NH back in 1998. Now he lives in MA and I live in MD. After 23 years he wants the loan 50k plus interest total 120k due to family feud.

Note: During last 23... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

I am aware of no statute of limitations that would be as long as 23 years. In Maryland the SOL is three years. For a contract “under seal” like your promissory note, the SOL is extended to 12 years. However, Maryland law on this issue will not apply if the lender was in NH and the borrower... View More

1 Answer | Asked in Consumer Law, Contracts, Family Law and Tax Law for Maryland on
Q: I terminated services with a daycare provider and the provider is refusing to provide a receipt. What should I do?

The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.

James L. Arrasmith
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answered on Sep 14, 2023

If the daycare provider is refusing to provide a receipt, you can take the following steps:

1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment...
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2 Answers | Asked in Animal / Dog Law, Consumer Law and Personal Injury for Maryland on
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?

Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take... View More

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1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Q: Can I file a consumer complaint if a brand new car had problems

I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles.

They also said VW won't cover the repairs since it was just outside the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Maryland on
Q: where do I find the Maryland law for residential time and material contract
Mark Oakley
Mark Oakley
answered on Jun 23, 2023

That's like asking where do you find the law on crimes, or contracts, or divorce. Far too broad of a subject. There are so many sources of laws that apply to residential contruction contracts, including statutory, regulatory, common law, zoning and consumer aspects. If you have a specific... View More

1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Can I lend money to someone and ask for their car tile as collateral? Do both sign it? How do I give it back when paid?
John Michael Frick
John Michael Frick
answered on May 19, 2023

Title loans are legal and common, but because of abuses by some unscrupulous lenders, there is a whole body of law which has developed to protect consumers from predatory lenders.

This is not a simple DIY project. You need the services of a competent attorney experienced specifically in...
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1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I filed a Chapter 7 bk in 20'. Bank never picked up, sold home now some stranger harassing me for it. Could I buy title?

Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More

Daniel Staeven
Daniel Staeven
answered on May 12, 2023

There is some good news and bad news in this situation.

If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car...
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1 Answer | Asked in Consumer Law for Maryland on
Q: Just recently my furnace and water heater would not stay on. I called the company that installed the furnace.

After several visits and over $2500 spent on what they said was wrong, it was just a $179 thermostat that was bad. What are my options?

Mark Oakley
Mark Oakley
answered on Feb 28, 2023

(1) File a complaint with the Maryland AG's Office of Consumer Protection; https://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx

(2) File a complaint with the MD Dept. of Labor, which licenses HVAC companies and has a complaint process;...
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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Allstate insurance has been overcharging my account for months. Sometimes 2-3/per month. What are my rights?

This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I ordered and put down a deposit on a 2022 Ford Maverick. The dealership just sold the vehicle out from under me.
Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Read your contract. The fine print. Did they promise you a specific vehicle by VIN#? Does the contract say they may get you an equivalent vehicle and may choose to sell the specified car to someone else? Does the contract say your sole remedy is return of your deposit or acceptance of a similar... View More

1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I have hired someone to replace an old deck with a flagstone. he said he'd hire 4-5 worker and finish it in 2-4 weeks.

He did not hire anyone and tried to do it by himself and one assistant. Unfortunately, no contract was signed, and the original agreement was $11000. I have already paid him $8000 plus a $500 Home Depot gift card for extra materials that he needs (in case I am not available). He did not put on a... View More

Mark Oakley
Mark Oakley
answered on Nov 26, 2022

Let's start with the legal issues first:

(1) Did the contractor pull a building permit for this job, if one was needed? How high was this wall supposed to be (walls over a certain height require a permit)? It is the non-delegable duty of the contractor to obtain all permits and pass...
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1 Answer | Asked in Consumer Law and Business Law for Maryland on
Q: Can a bar in Maryland legally display declined tabs on the wall for customers to see?
Mark Oakley
Mark Oakley
answered on Nov 2, 2022

If by "declined tabs" you mean, unpaid tabs or declined credit cards that left the tab unpaid, then yes. Truth is a complete defense to a defamation (libel) claim, if the named party on the tab is feeling humiliated by being called out in this manner. A "Wall of Shame" has... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... View More

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