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Maryland Contracts Questions & Answers
1 Answer | Asked in Contracts for Maryland on
Q: Ok my father in law recently passed away. Now he was the co signer on my car loan. I' would like to have my payments .

Reduced. What do I do? Thank you

Scott Scherr
Scott Scherr answered on Apr 28, 2021

I am very sorry for your loss. You would need to contact the lender to see if they will allow you to refinance the loan in your name alone with a reduced payment or refinance the loan with another lender.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... Read more »

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My complex gives a 6 month period for us to give notice of us either ending or renewing our lease. Is this legal?

We are required to give notice at least 6 months before the end of our lease. I've only seen time periods up to 90 days so is 6 months legal?? We did sign this but is the contract legal in the first place?

Mark Oakley
Mark Oakley answered on Apr 9, 2021

There is no prohibition to providing a longer notice period that that required by law, however, there are other limitations imposed. For instance:

MD Real Property Code, 8-208(d): A landlord may not use a lease or form of lease containing any provision that has the tenant agree to a period...
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1 Answer | Asked in Contracts for Maryland on
Q: Is there any restriction for a business asking a customer to sign a "Confessed Judgment" agreement in lieu of going District Court for Small Claims complaint?

Mark Oakley
Mark Oakley answered on Mar 25, 2021

Depends on the nature of the business/service or product. There are various consumer regulatory statutes that govern specific types of businesses, such as home improvements, consumer loans, etc. Some of those statutes impose restrictions on confessed judgments, as well as a grant of a lien on... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: are 2 year gym contracts legal in reston virgina
Scott Scherr
Scott Scherr answered on Mar 3, 2021

You should repost your question to Virginia lawyers since the contract was in Virginia. This was posted to Maryland attorneys.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Rights for Maryland on
Q: Questions about state v. federal antidiscrimination laws in homeowner's associations, contracts

I need lawyers to review several related but different issues

Review an implied written contract between owner and Homeowner’s association for compensation when the HOA is incorrect.

Review complaints for ADA and FHA (housing laws) against an HOA, and help prosecute in Court.... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 10, 2021

The terms of service for Justia prohibit lawyers from soliciting business here. The web site is for general information and access to justice. I've often written, however, on how to find a lawyer. I’ve written this same answer several times on Quora, and I don’t have enough time to rewrite... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

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4 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What details and clauses should be added in a Real Estate Assignment Contract and Purchase Agreement?

I want to ensure that I am following all laws and legal requirements. In order to ensure that I won't be liable for anything.

Richard Sternberg
Richard Sternberg answered on Jan 26, 2021

The chances that you can draft a solid real estate purchase agreement from a checklist of clauses is precisely zero, and any effort to help you in doing that would, in my opinion, make the lawyer a participant in your negligence. There are perfectly good contract forms that are regionally specific... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: Can a pawn shop lie about the value of the item I’m selling them, and then sell it for 3x the amount?!

I sold a computer to a pawnshop that said AT MOST they could sell it for 1200, so they gave me 650. I just saw the computer listed, and sold by them, for 2200. They deliberately lied to me, and undervalued my product.

Mark Oakley
Mark Oakley answered on Jan 17, 2021

You do not have a claim for this. The buyer/pawn shop has no duty to tell the truth about what they believe the value of your property is worth. As the owner and seller, you should know or be capable of researching the fair market value of your property before you sell it. Also, pawn shops are... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Maryland on
Q: How do I rectify this situation with my apartment complex? I just want to be treated fairly or retrieve some justice?

I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... Read more »

Mark Oakley
Mark Oakley answered on Dec 15, 2020

Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or... Read more »

1 Answer | Asked in Contracts, Civil Rights and Constitutional Law for Maryland on
Q: I need to obtain a form to present that will display my exemption from the vaccine. It will present grave consequence

Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!

Mark Oakley
Mark Oakley answered on Dec 3, 2020

There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Am I being wrongfully evicted?

My landlord had put a masterlock on my door so now I can’t remove the remainder of my property. The lease says I have until the end of November to vacate. She lives in NY and I’m in MD. I don’t understand why she did this but I feel as if it isn’t valid.

Leonard A Englander
Leonard A Englander answered on Nov 9, 2020

That sounds like an illegal lockout. The only way that it would be allowed is if there was a court hearing and the sheriff's office came to officiate an eviction. It doesn't sound like that happened here. I would suggest contacting the State's attorney's office, as many counties... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: A friend had their apartment shot into. Can they break their lease without penalty for safety reasons?

They have filed a police report. Manager says they still need to pay 2 months rent to break the lease.

Mark Oakley
Mark Oakley answered on Nov 3, 2020

Your friend needs to pull out their lease and carefully review any term or provision that may help them support an early termination. There is no general right to terminate a lease based on the happening of a single criminal event (if it was a criminal event). An argument might be made that the... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: I have a question regarding digital signatures. Someone is stating that I signed a contract on their ipad.

Someone is stating that I signed a contract but when I placed that signature on their iPad they had told me it was in order to allow them to call my insurance company. They did not tell me or read me out the rest of the contract which stated that we would be liable for 30% cost of a job to a home.... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

If a signature was procured by fraud / misrepresentation that would be a defense. However, it may become a matter of he said / she said and a battle of conflicting testimony if someone presents a signed "contract" and the signer says they were falsely induced to sign it without... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: We are trying to sell our townhome in Virginia and the condos inability to fix our roofs are possibly preventing us.

My husband and I own a townhome in Manassas, VA. Our condo association has had tarps on our roofs in our community for three years now instead of fixing them because they are in litigation with the insurance company about them because of it being a windstorm. Instead of fixing all of our roofs they... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Since the question deals with VA property, you'll want to post this to someone in Virginia.

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the legal definition of when you have "secure financing" in the sale of a house? From case law or regular law?

If a contract says that a buyer has to "secure financing" by X date what is the actual interpretation of that? Do they need to be able to close the loan and sale or just show they have applied for a loan or just a pre-approval?

Mark Oakley
Mark Oakley answered on Sep 11, 2020

More than pre-approval. You get a commitment letter for financing from the lender, usually with a proviso that none of the borrowers qualifying information changes.

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1 Answer | Asked in Contracts for Maryland on
Q: can an hoa obligate funds in current budget for contracted services in the following year?

For example, we are planning to do a reserve study in 2021. It is in the 2020 budget, but since the work is not being done in 2020 can we sign a contract for 2021 and have the work done in 2021.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 29, 2020

Yes, you can always contract for future work--some vendors like to get paid for their work in advance to secure your spot. Check the HOA's governing documents and see if this is against the policies set out in the documents. If so, then you should follow it. If not, then contracting for future... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: Hi, I am making payments on a loan from a company called Lendmark. I believe that I am being overcharged and lied to.

I recently made two $1500 payments and was told on the phone that my remaining balance would be $246. I called back to make my final payment and was told that it is $301.91. I asked for a print out of my statement, which I did receive. I’m not sure I understand it fully but I believe I’ve been... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 28, 2020

The first place to start with any loan question is the loan paperwork.

Most loans have interest and clauses that the borrower agrees to pay for attorney fees if they "default" or miss a payment and the case gets sent to an attorney for collection. However, this must be in the...
Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: independent contractor and believe I may need lawyer services to assist with reviewing my documents. Can you he

Do you offer pro bono for this?

Tim Akpinar
Tim Akpinar answered on Aug 4, 2020

A Maryland attorney could advise best, but your question remains open for two weeks. You could use the Find-a-Lawyer tab above or search for attorneys on your own. But many of the attorneys and organizations that offer pro bono services usually do it based on financial need in areas such as... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Maryland on
Q: Professional Services Contract: Contractor from MD refuses to pay sub-contractor's Invoice because submitted 12 mo. late

Contractor in MD Refuses to Pay Sub-Contractor's Invoice for an overseas Pharma already completed consulting services project on the Excuse It Was Submitted 12 Months After Completion of Professional Services Work. Parties have signed Contract. Total amt ~ $100K.

Q1. What is the legal... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

The general statute of limitations for commencing suit in Maryland on a breach of contract claim is 3 years, not one year, from the date of the breach/time money became due. The claim is not barred. Further, if this is a commercial project (not a home improvement contract or construction of a... Read more »

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