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Maryland Business Law Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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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 Law and Contracts for Maryland on
Q: is there a MD law that says consultants can not use the hiring companies resources (such as laptop and/or office space?

I provide sales/Business development services

Mark Oakley
Mark Oakley
answered on Oct 3, 2022

No. That would be a private contract matter between the consultant and the hiring company.

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Can I insinuate or "threaten" to break a solar contract that's already been installed?

I recently had solar panels installed in MD. It was verbally stated and explained how it would be installed: inverter inside in the basement, shutdown switch outside in the front, and conduit running on the side of my home hugging the downspout. The installers didn't do this and performed the... View More

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

You have a breach of contract action that is unlikely to be material enough to allow you to rescind the contract, give back all the solar panel equipment, and get a full refund. You will be stuck with your contract. Your damages will be measured by the cost to correct and repair any faulty... View More

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More

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1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Does a president of a condo association have the right to hire and fire employees without board approval?
Matthew Morris
Matthew Morris
answered on Jun 4, 2022

Like almost any good legal question, the answer is "it depends." Generally, an individual person can be given the ability to hire and fire employees without calling for a board vote. But a more specific answer is that you should look at your association's bylaws. Under Maryland law,... View More

1 Answer | Asked in Business Law for Maryland on
Q: I am separating from a business partnership and want to know if I am liable for business debt.
Mark Oakley
Mark Oakley
answered on May 5, 2022

If it is a general partnership, and not a limited liability company or corporation, then all partners are equally and personally liable for the debts of the partnership, subject to any partnership agreement or withdrawal agreement between the partners as to indemnification or contribution toward... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: In MD can I use my llc to run an apparel store and for a self nail salon? Do I need 2 trade names under the llc?

I use my llc to run my apparel store but I want to start a self run nail business and I don't want to start a new llc. Can I use the llc to parent the 2 companies ? Do I need to purchase a trade name for each or can I just do one for the nail business and continue operating the llc apparel... View More

Mark Oakley
Mark Oakley
answered on Apr 15, 2022

Most LLC articles of organization contain a purpose clause that authorizes the LLC to engage in any lawful business or activity, but unless the articles strictly limit the business activity of the LLC, then the LLC can run any type of business it is otherwise lawful for anyone to engage in. The... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Maryland on
Q: What are my rights as a llc when a contract is being broken? I have refused to sign a addendum.

I have a contract with a organization. I was handed addendum to the contract which declined to sign. They threatened to They threatened to suspend contract. Three is 25 hour week retainer fee. The contract can be cancelled by either party by giving 60 day notice in writing which I have not... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

You need to take your contract to a lawyer to review what it actually says, and evaluate whether it has been breached or not, and what your remedies are in the event it is breached. Your post does not really say anything other than they are trying to change the terms of the agreement you both... View More

1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: Does a prior burglary 2nd degree not of homes disqualify you from getting home improvement license cases are 17 years ag

A maryland home improvment license

Scott Scherr
Scott Scherr
answered on Mar 23, 2022

I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... View More

1 Answer | Asked in Business Law for Maryland on
Q: If another business in another state has the same name as mine, what ramifications could be involved?

I am in the process of starting my business with the paperwork having been filed to the state of Maryland. Since filing, I found out that another business exists with the same name out of California. Both businesses have the potential for national and global reach (theirs is a fiction magazine,... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

Assuming neither business is currently doing business in each others current territories, and assuming neither business has registered the name as a federal trade name with the USTPO, there would be no appaent conflict. An agument might be made that the two businesses are sufficiently dissimilar in... View More

1 Answer | Asked in Business Law and Civil Litigation for Maryland on
Q: Can a Maryland business deny you service based on LGBT status? My child (exploring gender) was told they aren't welcome
Mark Oakley
Mark Oakley
answered on Feb 2, 2022

Not in Maryland they can't. The Fairness for All Marylanders Act of 2014 prohibits it. If the business is an establishment where the public has access to goods and services (bars, restaurants, hotels, gas stations, retail stores, etc.), it is not allowed to treat a person who identifies... View More

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: My boss has a camera in my office I did not know about. Is this legal?

We have many 24 hour security cameras at my workplace in most of the rooms and offices. Some are only visual and others also record audio. All are placed in various corners of ceilings so we are aware our boss can monitor us. My office is one of the few that does not have a camera in the room.... View More

Mark Oakley
Mark Oakley
answered on Jan 23, 2022

Sounds like it is time to start looking for employment elsewhere rather than continuing to work in this creepy, untrustworthy surveillance atmosphere. The employer either shows zero faith or trust in his employees' honesty or is some kind of pathetic voyeur. Surveillance makes sense for... View More

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Q: § 17-517. Office. What constitutes an "office" for the purposes of this statute?
Mark Oakley
Mark Oakley
answered on Jan 21, 2022

When citing to a title and section number of the Maryland Code, you need to specify which named Article you are referring to. There may be multiple §17-517s throughout the Maryland Code. Because you identified real estate as a practice area, perhaps you are referring to Business Occupations and... View More

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