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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Maryland on
Q: My mortgage company refuse to sign my insurance claim check and sent the check back with no explanation.

I live in Maryland

Mark Oakley
Mark Oakley answered on Oct 14, 2021

You cannot expect a response that will help you in any meaningful way without providing facts, details and context. Start with stating what you received an insurance check for, why it was sent to your insurance company, and the reason the insurance company sent it back to you. If you don’t know... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

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1 Answer | Asked in Small Claims and Consumer Law for Maryland on
Q: The loan is in my name only but the registration and tags are in mine and Exs name. Who ownes the car legally?
Mark Oakley
Mark Oakley answered on Aug 15, 2021

By title, you both legally own the car equally. Neither of you could be charged with the crime of theft for taking possession of the car from the other and driving it away. Civilly, however, as part of an alleged contract or agreement pursuant to which one of you made all the payments toward the... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Maryland on
Q: What type of lawyer specializes in home warranty cases? My builder is refusing to cover items in the 1-year warranty.
Richard Sternberg
Richard Sternberg answered on Aug 3, 2021

That’s just a litigator who practices in the county where the builder will be sued.

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Maryland on
Q: I am the builder of a new home in Prince Georges County Maryland. I am having a horrible time with an overzealous HOA

I am representing a purchaser of a custom to be built home. The lot is within a 50 year old community called Montpelier in Laurel MD 20707. All of the houses with the exception of this one lot was built in the 60's . The association is Montpelier Community Association. They have an... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 30, 2021

Your questions says you are "developer," but that you "represent the owner." Regardless, you have a political and legal problem. If you can't negotiate your way through a community organization staffed by non-professionals, you have the legal option of seeking a declaratory... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does my friend have to pay for heating oil mistakenly delivered to my address?

A heating oil company delivered oil to a friend's house that was supposed to be delivered to a house two doors away. My friend found a bill/receipt on her patio and took it to the address listed on the bill/receipt, thinking that it had just blown into her yard. Turns out the oil was... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2021

The section you cite is directed to deliberate efforts by a seller to get a consumer to buy their product, without a contract, by intentionally delivering and then billing that consumer for the goods they did not order. The situation you describe is not that scenario; rather, it is a mistaken... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Maryland on
Q: What doctrine governs a partial insurance car repair coverage despite the repair facility's procedure to do it entirely?

My truck was damaged by a collision with a deer. StateFarm paid to repair the truck. StateFarm only paid 1/4 of the cost of reapplying a dealer-installed paint sealant. The "StateFarm recommended" repair facility will not apply the paint sealant to any car partially. Applying the paint... Read more »

Scott Scherr
Scott Scherr answered on Jun 16, 2021

If State Farm is your own insurance company, you can sue them for breach of contract. If State Farm is the insurance company for the other driver who was negligent, you can sue the other driver for the money. Note that if you were injured, you must bring all claims in a single cause of action and... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: in maryland, what starts the statute of limitations for debt collectors and what type of actions restart the clock?

I cannot find any state law on this information

Mark Oakley
Mark Oakley answered on Jun 11, 2021

The general SOL for a consumer debt in Maryland is 3 years from the later of (1) the date the last payment on the account balance came due and you failed to pay it, or (2) the date of the last payment you made on the account. In scenario #2, it is not uncommon for debtors to make a late payment,... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Civil Litigation for Maryland on
Q: can I file a counterclaim in a replevin case?

someone has filed a show cause against me. this person has access to their property but has not taken it. the items are in a storage unit in my name that they were to pay for but haven't for 6 months. now they are refusing to pay and filed a replevin for the items.

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

1 Answer | Asked in Consumer Law for Maryland on
Q: Can a repair shop ask for additional money (due to their invoice errors) after repairs are made and paid for.
Mark Oakley
Mark Oakley answered on Mar 25, 2021

Not enough facts. As a general proposition, the repair shop is entitled to be paid for work and materials requested to be performed that were actually performed, and the customer has the right to approve of repairs over and above what was discussed or agreed to be performed and paid for. It is... 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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1 Answer | Asked in Consumer Law for Maryland on
Q: The warehouse manager tried to push a 150 pound table off the loading bay. on my wife and threw the?receipt in her face.

What are my options

Mark Oakley
Mark Oakley answered on Nov 24, 2020

"Tried to ...." Unless your wife suffered physical injuries, then she has no claim.

1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Consumer Law for Maryland on
Q: I was refused an Estimate at a Car repair shop for no reason in Hartford County what are my Rights?

I feel discriminated against

Tim Akpinar
Tim Akpinar answered on Aug 20, 2020

A Maryland attorney could advise best, but your question remains open for two weeks. Given the effort and legal fees that could be involved in demonstrating discrimination, it could be more practical and economical to seek the services of a different shop. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for Maryland on
Q: If a loan company used my 2013 Toyota as collateral and take it, would I be able to get another car at lower payments??

My loan balance is around $11500 and my car according to Kelley' blue book valued at $8900 at the most

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

A repossession does not wipe out debt, and would surely make it more difficult to qualify for a new car loan. The lender will credit for whatever a repossessed car sold for, but the borrower is still on the hook to pay off the balance of the loan. Although it is hard to imagine a scenario... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: I returned the wrong item to an online seller, and they're threatening to call the authorities, what can they really do?

I bought two of the same item from two different online sellers, and accidentally returned one to the wrong seller. They claimed it a "counterfeit" product and want to contact that authorities, but I told them it was a mistake and that I would pay to reship it back to me so I can return... Read more »

Mark Oakley
Mark Oakley answered on Jul 30, 2020

Probably not much. You did not commit a crime. Send them the correct item for a refund and request the return of the other item. Unless you intentionally and knowingly tried to send them a counterfeit item in order to defraud them out of the price of a real such product. In that case, stop posting... Read more »

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