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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Animal / Dog Law for Maryland on
Q: My neighbor has one female German Shepherd. They consistently breed her sell the puppies and then breed her again.
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 10, 2020

If you think it is animal cruelty, you can call animal control in your area. Or, most jurisdictions require a breeder permit or license to operate legally. You can also call animal control for that information to report this person, if you suspect the breeding in illegal. Otherwise, animals are... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does Maryland U.C.C. apply to used vehicles? Can a used vehicle be returned within a few days of purchase?
Mark Oakley
Mark Oakley answered on Jun 30, 2020

Two different questions. The UCC generally applies to the sale of goods, so in that respect, it applies to the sale of a vehicle, but only if the transaction involves at least one party that is a "merchant" as defined under the Code--which means, a person or entity in the business of... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Bought a used car and was given an I owe you for repairs. Haven't made any progress a month later. Deferred down payment

I was not informed about having to pay a "deferred down payment" the same day as my first monthly installment payment. Is there anything I can do?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Naturally you would get all parts of an agreement regarding this major purchase in writing, so you just need to refer to your written agreement to see what your rights and obligations are. If you did not get a written agreement, I guess the next question is: "Who is the registered owner of... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Debt collector contact me for an old debt claiming that he is the owner of the debt and can't sue due the time that pass

I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.

What should I do?

Timothy Denison
Timothy Denison answered on May 25, 2020

Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.

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1 Answer | Asked in Consumer Law for Maryland on
Q: I am looking for the specific law or code regarding authorized credit card use

Specifically the code referencing that "it is illegal for an authorized credit card user to continue to use the card after the primary card holder dies".

Mark Oakley
Mark Oakley answered on May 20, 2020

Various criminal code provisions may or may not apply to your facts. I've answered this question previously with reference to the card holder agreement and the effect of the death of the primary account holder on the legality of an authorized user to continue to use the card.... Read more »

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Maryland on
Q: Is bankruptcy a defense to a breach of contract claim under Maryland law?

Even if they have a clause in the contract that says otherwise?

Timothy Denison
Timothy Denison answered on May 11, 2020

Yes. Under federal law as well.

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1 Answer | Asked in Consumer Law for Maryland on
Q: What rights do I have in Maryland when it comes to making payments on a crappy car that I didnt know was salvage?
Tim Akpinar
Tim Akpinar answered on May 1, 2020

It could depend on the terms of your agreement. A Maryland attorney could advise best, but your post remains open for two weeks. You could contact attorneys and see if you could arrange a brief consult to review your purchase agreement. One of the first questions you may be asked is whether... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for Maryland on
Q: Is this considered abandonment?

Im a truck driver and in a secured lot I took my dog and tied him to the fence in a grassy area behind my tractor n trailer while I went and took a shower. I came out and a security guard had him in his car and off my leash. I went off and police was called. Police said it's considered... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

The attorneys in the Animal/Dog law section would be most likely to be familiar with this issue. You could repost there.

Tim Akpinar

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...
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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... 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.

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