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Maryland Questions & Answers
1 Answer | Asked in Contracts for Maryland on
Q: Maryland door to door sales agreement cancellation on 6 business day consequences

We were forced to sign an agreement in door to door sales, we tried to cancel it but did it in an email after 5th business day. now the seller is not willing to cancel it and I am not willing to buy it. How to get away with it?

Rolanzo Richard White
Rolanzo Richard White answered on Feb 20, 2020

This all really depends on the agreement that you signed. But from your question, it looks like you cancelled the agreement within the permitted time limit, so you will likely not be liable for payment. You should be able to successfully defend yourself if the seller tries to enforce the agreement... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Options for transferring retirement accounts to heirs?

There are no designated beneficiaries on the accounts.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 19, 2020

If a retirement account has no beneficiaries, it usually defaults to the estate of the deceased. An estate attorney can help navigate the process of estate administration and you're encouraged to seek legal advice if you are the personal representative listed in the Will (or family member of... Read more »

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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 Business Law for Maryland on
Q: I work in Maryland was wondering does law account for employees at multiple store or if it’s just employees at 1 store

I work for arbys. The law was passed in 2018 it states for an employer with 15 or more employees they owe 1 hour of paid sick time for every 30 hours. I said something to my area supervisor he said since we only have 10 employees at my store it doesn’t affect us

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

The Maryland Healthy Working Families Act (aka Sick and Safe Leave) is a vague about whether franchises of the same restaurant chain would be counted together as the same employer for purposes of the 15 employee threshold. However, it is clear that if the national chain is properly the "employer"-... Read more »

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.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I have warrant out for my arrest for traffic citations will they arrest me if I walk in the courthouse

I have to file for a motion of recall

Mark Oakley
Mark Oakley answered on Feb 18, 2020

You never know. The Sheriff's Office typically has deputies present in the courthouse, and of course there are often police officers there for court. While you might walk in, drop off the motion, and not identify yourself as the defendant (the person filing a motion is not necessarily the person... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Eric Todd Kirk
Eric Todd Kirk answered on Feb 15, 2020

It's difficult to fully answer this question without some additional context. Obviously driving while experiencing an episode of sleep apnea would not seem possible. Falling asleep at the wheel is not necessarily criminal or negligent, but could be. For example if someone suffered from sleep apnea... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: What Are The Difference Typed Of Disputes Regarding Quiet Title. Is Religion/Spirituality/Spiritual But Not Religion

And And Also Can That Work In Adverse /Adverse Possession Regarding The Statute Time And Element

Richard Sternberg
Richard Sternberg answered on Feb 15, 2020

I know of no relationship between religion or spirituality and either adverse possession or the concept of quieting title, though you might want to review a full set of actual facts past a lawyer in your jurisdiction. For example, if any churches still keep their doors unlocked at all hours for the... Read more »

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2 Answers | Asked in Criminal Law and Estate Planning for Maryland on
Q: When does the beneficiary receive a copy of the Will?

Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance of 3... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

After the probate case is opened to probate the will, the will becomes a public document. You can go to the court yourself and obtain a copy or send a paralegal or even a friend to obtain a copy for you.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is "joint tenants unto the survivor of them, their heirs and assigns" same as "joint tenancy with right of survivorship"
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 13, 2020

Yes. (though it should read "...joint tenants and unto the survivor of them, their heirs...")

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Sellers signed a AS-IS Md Sales Contract.Buyers said they would walk if Sellers did not pay and extra cash credit a clos

We signed a contract as AS-IS with Sellers right to walkaway subject to the home inspection. The Buyers agent provided us an email from the Buyer stating that following the home inspection they became aware of more potential issues. Through that correspondence they said if we did not provide a... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Feb 12, 2020

This is a very, very common issue. Your rights are in the contract, where you may be required to participate in mediation for disputes arising within one year from the settlement date. You may also sue for a declaration that the contract is at an end, among other things.

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1 Answer | Asked in Employment Law for Maryland on
Q: I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

Is this legal? I passed pre-employment skills testing, etc.No warings ( written or verbal), etc. No reviews or 1 on 1 meetings.

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I would file... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Rule 10-104 district court of MD Serving the other party via email, is email good enough?

I submitted medical records and bills under rule 10-104, and other bills under rule 10-105. I submitted everything to the court more than 60 days prior to trial and sent to counsel for defendant as well more than 60 days before trial. The problem arises in that I sent it to counsel for defendant... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

Email is only permitted for service when filing through the Maryland e-file portal. All Maryland courts except Baltimore City, Montgomery and Prince George's are currently subject to the e-file system (meaning, it is mandatory for lawyers to use it, but non-lawyers are not required to do so).... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Defending my right to say hearsay testimony about what the employees of defendants told me. Maryland district court

I’m representing my self in district court in Maryland , I sued my landlord for mold. I did opening statements and gave testimony. But when I wanted to say what the employees of the defendant told me or what the remediation guys told me it was objected. I defended saying that it is one of the... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

In order to admit the statements of an employee of the defendant in the case as an admission against interest, you must first lay an evidentiary foundation for the admissibility of the statement. This requires that you first present evidence of (1) the identity (name) of the alleged employee; (2)... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Expert witn. in district court Maryland: How long before trial do I have to let defendants know about a new expert?

I started a trial representing my self and we ran out of time so we will continue in just 7 days. I was trying to enter a document but it was hard without expert, is it too late for me to bring an expert ? Also the defendant never gave me notice of his experts but I didn’t do discovery , do they... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

You only have to answer interrogatories if they are served on you pursuant to the Rules, and if they asked about witnesses and experts, you need to provide the names and other information requested about them. If new information is learned after you provided your answers, it is your obligation to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Quit title (Adverse Claims Statement) Can It Be As In Religion / Spiritual But Not religious / Spirituality

possession / Adverse possession And Or Not && The Statute Of Limitations Time Period Maryland 20 Years

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

Huh? I have no idea what you are asking, but the answer is “no.” Adverse possession is a legal concept that has no relationship to religion or spirituality.

1 Answer | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Can I end my lease early due to harassment and threats from the property manager?

I have a two year lease and the property manager has taken a hostile manner to address issues. She has even threatened that if rules aren’t followed people can die and if I invite my boyfriend over she will call the cops and have him arrested for trespassing.

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

The landlord is required to give you quiet enjoyment of your leasehold, but you are required to comply with the terms of your lease. It might be wise to coordinate your strategy and fact-documenting with a lawyer, because a judge is not going to believe that you are getting out of the lease for a... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Are there any circumstances where a PR/Beneficiary must wait a time period before selling estate property?

My mother's estate was opened in VA in Jan. She owned a home in MD. I am being told there is a mandatory 6 months waiting period per MD law so that Creditors can file a claim. However I was under the impression the property could be sold immediately but the proceeds would then be held in escrow for... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 7, 2020

Maryland law does not mandate waiting 6 months to market/sell property, but proceeds should not be disbursed to heirs until 6 months have passed, any payments are prioritized according to the order set forth in MD law and the court has approved the accounting.

While not legal advice, I...
Read more »

1 Answer | Asked in Tax Law and Collections for Maryland on
Q: I owe a debt to a local community college in Maryland.

I owe a debt to a local community college in Maryland. I never paid the school and the state sent me a letter last year telling me they would take my taxes if I didn’t pay. I called and set up a payment arrangement through the states debt collection systems. Although I have not kept up with these... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 7, 2020

Yes, of course they can take your tax refunds; every year as long as the debt remains unpaid.

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