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Maryland Business Law Questions & Answers
2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Mark Oakley
Mark Oakley
answered on Jan 31, 2023

Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."

I'll take a stab: the owner of the company died without a will, and you are...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Gov & Administrative Law for Maryland on
Q: Can I be paid to fix a reverse osmosis filter without a plumbing license? Would fixing the filter be considered plumbing

The task/job was assigned to me through an app called task rabbit.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Maryland Business Occupations and Professions Code, Section 12-101, defines the term plumbing, and the need for a license, as follows:

(n) Provide plumbing services

(1) “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a...
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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: can I sue the business I work for as a contractor?

I have been a contractor for business A for a year and a half. I have single highhandedly successfully expanded their business all while, here are some details:

-been paid sporadically, almost never on time. This has affected my personal financial issues

-been owed up to $6,000 but... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You have not described any circumstances supporting a viable legal claim. You are a contract employee, but you do not descibe any written contract terms. If you have a contract, your rights are contained in that agreement. If you do not have a contract, or it's verbal, or you no longer wish... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: my store is month to month lease. I have deliqunce cus Pendemic. I am on payment plan but they start charging penaly

landloard start to charge penalty after I complaint about smoking from next new store. They did not any action for this. Now send me termination notice.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Would a plumbing contractor be required to itemize their receipt to show the cost of equipment and labor

In other words, can a plumber just give one flat fee to install a well pump and pressure tank and all associated valves and guages or does the law state they must disclose the cost of the equipment they purchased if the customer requests that they disclose it...the job is already completed.

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

No, if the contract was entered into on a flat fee basis. If the contract was on a time and materials basis, which would be stated, then yes. You are perhaps entitled to all manuafacturer warranties on the installed equipment.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I own a small electrical company and I am having issues collecting payment from a pretty large management company.

Contract agreement in net30 but payment is over 60 days past due. I threated to place a lien on the property and then the company had their attorney threaten me with lawsuit if I move forward with the lien. Am I able to put Lien on property? what are my options?

Mark Oakley
Mark Oakley
answered on Dec 7, 2022

Take your contract, your unpaid invoices, and correspondence regarding payment to a lawyer to review. Whether you pursue a mechanic's lien or file suit for breach of contract, or both, depends on the facts, what is owed, who you have a contract with, etc. Management companies do not typically... View More

1 Answer | Asked in Business Law for Maryland on
Q: Clarifcation requested -Rhode Island Law of Agency. A Dual/Joint Agency relationship Contract IS a Power of Attorney?!
Mark Oakley
Mark Oakley
answered on Nov 21, 2022

First, you are asking about Rhode Island law, and this is a Maryland legal forum you have selected. You need to repost your question and select Rhode Island as the geographic legal area in order to obtain legal advice from lawyers licensed and knowledgeable about Rhode Island law specifically.... View More

1 Answer | Asked in Business Law for Maryland on
Q: Is it legal for a state to require a business to follow a set of regulations but then make the company pay for the regs

Recently the Maryland COMAR went behind a paywall. My company is required to follow the regulations in the COMAR but there is no public access to the information. The "free search" function provided only the section numbers and does not show the regulations. Is this even legal?

Mark Oakley
Mark Oakley
answered on Nov 11, 2022

It remains free:

www.dsd.state.md.us

(1) Click "Search COMAR Now" on the left-hand side of the page

(2) On the next page, scroll down the left-hand list of titles and click on the appropriate title for your area of industry. For example, if you are a home...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... View More

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... View More

1 Answer | Asked in Business Law for Maryland on
Q: Do i need to have lawyer for the $20,000 corporation lawsuit in Maryland
Mark Oakley
Mark Oakley
answered on Nov 7, 2022

If you own the corporation and the corporation is being sued or wants to file suit for more than $5,000, then the corporation can only appear in court to defend or pursue a lawsuit through a lawyer. For claims under $5,000 an owner, officer or authorized agent of the corporation can appear in court... View More

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

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I need to know how to open a business checking account for my LLC, in my unique situation.

So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

1 Answer | Asked in Business Law for Maryland on
Q: Can a director be personally sued in a corporation in Maryland?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

A Maryland attorney could advise best, but your question remains open for four weeks. The short answer is "yes," given the right circumstances and a determined and aggressive plaintiff. It would be best if a local attorney in your state experienced in corporate law advised. But the short... View More

1 Answer | Asked in Business Law for Maryland on
Q: I have a business condo, the outside a/c unit was vandalized, should the condo association ins. cover the repairs?

We pay condo association fees, but i'm not sure what the insurance covers. The units are upper and lower level units with front and back areas. I have a lower level unit. The outside a/c condensers are situated in the back of the condo units. The back area is fenced off with locked fences,... View More

Scott Scherr
Scott Scherr
answered on Oct 30, 2023

You would review the insurance policy to see if it is covered. All insurance policies are different. In addition, your own insurance policy may cover it if the condo policy does not. Make sure you report it to the police.

1 Answer | Asked in Consumer Law, Business Law and Collections for Maryland on
Q: Is this an FDCPA violation?

A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2023

If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Maryland on
Q: Are children allowed to play behind a bar in Maryland?

I’d like to report this man to the liquor board. Under his watch he’s allowed multiple children including his own to walk freely and play behind the bar at a restaurant.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I suggest that you report him. Could also be child endangerment, you might want to contact CPS. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Maryland on
Q: Our partner locked us out from our business after withdrawing from association. He is trying to open a business w/o us.

Our business partner has locked us out of our business. They withdrew from the association, and we proceeded with the company opening. Because the venue is under their name, they seeked vengeance and locked us out of the venue. Now after withdrawing from the association they are working to open up... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Feb 21, 2023

Please consult an attorney in your state. Your question is far too complicated to be answered here. They lawyer you consult will need much more information.

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