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Maryland Consumer Law Questions & Answers
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 »

1 Answer | Asked in Consumer Law and Animal / Dog Law for Maryland on
Q: My neighbor has one female German Shepherd. They consistently breed her sell the puppies and then breed her again.
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 10, 2020

If you think it is animal cruelty, you can call animal control in your area. Or, most jurisdictions require a breeder permit or license to operate legally. You can also call animal control for that information to report this person, if you suspect the breeding in illegal. Otherwise, animals are... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does Maryland U.C.C. apply to used vehicles? Can a used vehicle be returned within a few days of purchase?
Mark Oakley
Mark Oakley answered on Jun 30, 2020

Two different questions. The UCC generally applies to the sale of goods, so in that respect, it applies to the sale of a vehicle, but only if the transaction involves at least one party that is a "merchant" as defined under the Code--which means, a person or entity in the business of... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Bought a used car and was given an I owe you for repairs. Haven't made any progress a month later. Deferred down payment

I was not informed about having to pay a "deferred down payment" the same day as my first monthly installment payment. Is there anything I can do?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Naturally you would get all parts of an agreement regarding this major purchase in writing, so you just need to refer to your written agreement to see what your rights and obligations are. If you did not get a written agreement, I guess the next question is: "Who is the registered owner of... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Debt collector contact me for an old debt claiming that he is the owner of the debt and can't sue due the time that pass

I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.

What should I do?

Timothy Denison
Timothy Denison answered on May 25, 2020

Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.

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