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Maryland Contracts Questions & Answers

1 Answer | Asked in Contracts and Collections for Maryland on

Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

Unless you are omitting salient facts the answer is no. Challenge it.

1 Answer | Asked in Business Formation, Business Law and Contracts for Maryland on

Q: Can I force a partner out of a partnership LLC with no operations agreement, for not putting in enough time?

We are a cabinet manufacturer. We are attempting to be a women owned business that was created last year. We have not sold any work as of yet. We do have equipment we are paying for. The shop is located on my property, and everything is in my name. If I am not able to force them out, can I... Read more »

Mark Oakley answered on Jun 11, 2019

You can withdraw from the company, boot it out of your home, and demand liquidation of the assets, and either pay your co-owner their fair share of the costs they expended on the equipment, or otherwise buy out out the equipment. Meantime, start a new LLC and begin cabinet making under a new... Read more »

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on

Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... Read more »

Rolanzo Richard White answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money...
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2 Answers | Asked in Contracts for Maryland on

Q: . As is purchase ,but in an addendum on contract states owner to have water and elec for inspection.

Going to closing soon .Should I ask for compensation ? As I have to pay to have water and electric turned on .201k loan .I am the purchaser, ower did not cut on utilities Ill have to pay. It is a 201k .and part of my loan I go to closing soon .should I (buyer) ask for compensation.

Mark Oakley answered on May 9, 2019

If you signed an addendum agreeing to have utilities on, and did not provide for being reimbursed for cost, you bear the cost. Read the addendum. If it’s your obligation to provide power and water, you either do it or risk breaching the contract and giving the buyer the option of declaring the... Read more »

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1 Answer | Asked in Business Law and Contracts for Maryland on

Q: I did side work (bookkeeping) without a contract and I'm terminating them. What's the best way to protect myself?

One owner requested I do things that, although are non-reportable but are wrong per the IRS, I won't agree so I'm ceasing the relationship with a termination letter. How do I best word it to protect myself?

Bruce Alexander Minnick answered on Apr 23, 2019

Unless you have a written contract with the company (or person) that says otherwise, you do not have to tell them any reason why you feel the need to terminate the relationship. Therefore, IMPO you should keep your letter of resignation as short as possible, making very sure not to say anything... Read more »

1 Answer | Asked in Contracts for Maryland on

Q: Can a trustee of a church that is incorporated be replaced without his consent ?

In 1990 the trustee of a church purchased 5.4 acres of land currently valued at close to one million dollars. In 2000 the trustee was removed without his consent. In 2006 a quitclaim was entered by the removed trustee transferring ownership to the new trustee, again without his consent. Was... Read more »

Mark Oakley answered on Mar 30, 2019

The trust instrument generally provides for the grounds and mechanisms of removing a trustee, plus there are statutory provisions that also apply in certain circumstances. Whether removal was done properly would require a review of the trust and circumstances of removal. However, the time to... Read more »

1 Answer | Asked in Contracts and Family Law for Maryland on

Q: If a Principal is violating Court Orders, can her POA violate them too on her behalf?

1. The Principal signed a Marital Separation Agreement incorporated into a Judgment for Absolute Divorce signed by the Principal, Magistrate, and Judge.

2. The Principal failed to cooperate in the execution of these Court Orders against the advice of her former attorney so a Contempt of... Read more »

Mark Oakley answered on Feb 17, 2019

The contempt is against the principal, not the agent, unless the principal is mentally incompetent.

2 Answers | Asked in Contracts and Real Estate Law for Maryland on

Q: My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?

Lease is one year with automatic renewal.

Mark Oakley answered on Jan 10, 2019

No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent adjustment,... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Business Law for Maryland on

Q: I paid a contractor for home repair services and he declared bankruptcy. What laws do I cite in an MHIC hearing?

The contractor promised to perform repair and renovation services promptly and failed to do so. After completing only the demolition portion of a major project, he declared personal and business bankruptcy. He owes 89 creditors over $1M. DLLR has referred the case to the Office of Administrative... Read more »

Mark Oakley answered on Dec 27, 2018

You really need to talk to a lawyer. Your question is too broad and general to allow an answer in the space available. I assume you have made a claim against the Guaranty Fund. You need to prove your monetary damages using one of the three formulas allowed under the statute and regulations, and... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann answered on Dec 7, 2018

The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

1 Answer | Asked in Small Claims and Contracts for Maryland on

Q: Buying a car with lien

I want to buy a car - 7,500$. It has lien on it -6,500$. Seller says- when I pay him off, he will pay off his bank, will get the original title (now Bank has the ORIGINAL title and the seller has DUPLICATE title) and will give it to me. So, he will take couple of weeks after I pay him off to give... Read more »

Mark Oakley answered on Nov 23, 2018

You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and White Collar Crime for Maryland on

Q: Can I file suit against the buyer's agent, buyer, and or buyer's lender of my home for breach of contract?

On 10/22/18, the prospective buyer of my home in Maryland signed a contract to purchase and I countersigned that contract on 10/23/18 with a closing date of 11/16/18. I simultaneously had a contract to purchase a home in Colorado with a closing date of 11/16/18 however, the contract to purchase... Read more »

Mark Oakley answered on Nov 22, 2018

You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland on

Q: Can I sue myself in Maryland for auto property damage liability? Details below.

I have two cars insured under two different auto policies. Both policies are with the same company. I was backing out of my driveway (car #1) and rear-ended the other car (car #2). I own both cars. There was minor damage to the car I was driving (#1) and I am not making a claim on that one.... Read more »

Mark Oakley answered on Nov 8, 2018

The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance... Read more »

1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on

Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

De

Cedulie Renee Laumann answered on Oct 19, 2018

An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not...
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1 Answer | Asked in Contracts for Maryland on

Q: If I have a lifetime warranty and the company changes hands and is reincorporated, is my warranty still valid?

The warranty is for basement waterproofing.

Joseph D. Allen answered on Sep 27, 2018

Depends on what the contract (warranty) says about if it binds successors in interest.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on

Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md

Cedulie Renee Laumann answered on Aug 29, 2018

The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your...
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1 Answer | Asked in Contracts for Maryland on

Q: what is the penalty for holding a subcontractors payment past the 7 day limit

Joseph D. Allen answered on Aug 29, 2018

The subcontractor could potentially sue, or claim whatever late fees are called for in the contract.

1 Answer | Asked in Contracts and Employment Law for Maryland on

Q: what is the statue of limitations for employment contracts where compensation is owed?

what is the amount you can sue for? Is it 3x the amount owed that is owed?

Joseph D. Allen answered on Aug 15, 2018

The Maryland Wage Payment and Collection Law gives you 3 years to sue for unpaid earned wages or overtime. There is the potential (not guaranteed) for punitive damages up to 3 times the unpaid wages. If you truly had an employment contract, that might control whether you have the right to file... Read more »

1 Answer | Asked in Contracts for Maryland on

Q: 5 out 6 siblings agreed sale houseand sign a contract. Can investors sue if we change minds?

The six sibling is refusing to sell and we have a higher offer also. Is still legal contract even if my brother did not sign . The realtor is stating there is a legal contract because five out of six people signed. The house is in Florida

Mark Oakley answered on Jul 31, 2018

You need to ask Florida counsel. It may also depend on how the property is titled. If all six siblings own as tenants in common, the the five siblings can each sell their one-sixth interest in the property, but not the one-sixth share owned by the one sibling who won’t sell. If owned as joint... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Maryland on

Q: can a lawsuit brought against one LLC be expanded to include several separately formed LLCs?

i own several different LLCs formed to keep properties separated and protected from frivulous lawsuit s.can a lawsuit brought against the property owned by one LLC be expanded to include claims other separately formed LLCs as well?

Mark Oakley answered on Jul 24, 2018

In general, no. The party suing would have to sue you personally, and survive dismissal based on the debt/claim not being your personal responsibility, and then attempt to "pierce the veil" of your separately owned LLC on the basis that the LLC is a sham and not legitimate, a pretty difficult... Read more »

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