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Maryland Contracts Questions & Answers
1 Answer | Asked in Contracts, Estate Planning and Family Law for Maryland on
Q: How do I revoke or modify power of attorney? Must the current agent(s) sign or be notified of the new PoA terms?

I'm 23 years old, and my parents have power of attorney over me - I agreed to it at the time, they presented it in a way that seemed reasonable and I didn't realize THAT'S CRAZY. They have both the medical kind (HIPAA permission?) and durable PoA for non-medical stuff.

I... Read more »

Mark Oakley
Mark Oakley
answered on May 22, 2022

You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: If an agreement between 2 parties was signed and dated, is this considered a legal and binding document?

My ex-wife and I created an agreement before divorce and it included the proceeds from the sale of a property. If this property is sold, the proceeds would be split 50/50. we both signed and dated this agreement at the time. it was also added to the divorce decree as well. would this be considered... Read more »

Mark Oakley
Mark Oakley
answered on May 1, 2022

It certainly sounds so, and if it was incorporated (but not merged) into your judgment of absolute divorce then it would be enforceable by contempt proceedings under the judgment as it now has the force of a court order. Obviously, without reviewing the agreement for any other issues, no lawyer... Read 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... Read 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... Read more »

1 Answer | Asked in Contracts and Estate Planning for Maryland on
Q: My aunt passed away last fall and her lawyer has not released her will and is pretty much unavailable to talk.

I believe the lawyer has broken Md. Code, Estates and Trusts § 4-202 by willfully hiding the will and not exercising it in a timely manner. I am not referring to closing the estate: the will has not been released yet and it has been over half a year.

Mark Oakley
Mark Oakley
answered on Mar 20, 2022

The person appointed as personal representative or executor under the Will needs to make written demand to the lawyer to either file the Will with the Register of Wills or turn it over to the Personal Representative do they can file it. Give a reasonable deadline, after which the Personal... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: how is an expired default contract judgment dated 12.3.2009 be removed from the circuit court record
Scott Scherr
Scott Scherr
answered on Mar 16, 2022

In general, civil claims and judgments cannot be expunged. Only civil citations can be expunged.

1 Answer | Asked in Contracts and Business Formation for Maryland on
Q: Do I have to re-file my trade name if I had reinstated the LLC under a new legal name after it was forfeited?

Trade name was filed in 2020, the LLC name changed 2022

Shaneka Johnson
PREMIUM
Shaneka Johnson
answered on Mar 7, 2022

In Maryland trade name registrations are valid for 5 years. Trade names register the core name of the business, without the "Inc., LLC, etc." designation. Renewed businesses are covered under their new designation if they retain the core name on their trade name registration.... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for Maryland on
Q: can homeowner association board of directors restrict individual homeowners from talking with the press/journalists

my homeowner's association (hoa) president and the board of directors (bod) act as if ALL issues - specifically, talking with journalists for a possible light-hearted article that's essentially, an expanded real-estate/house-for-sale feature focusing on our community's positive... Read more »

Mark Oakley
Mark Oakley
answered on Feb 15, 2022

No, the HOA has no legal authority to control or prohibit a homeowner from speaking to the press or anyone else.

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1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Maryland on
Q: Supplier/ installer company sold the ceiling track light to the dentist. The light got separated from the pole, fell and

The light got separated from the pole, fell and caused injury. Expert concluded that the security pin that hold the light to the pole was not installed. Company came and replaced the light and installed the pin in other thirteen pieces of the same type of equipment. There was a personal injury... Read more »

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

(1) and (2): The Consumer Product Safety Commission issues recalls for unsafe consumer products, and the manufacturer remains liable to injured persons (emphasis on "injured") on account of their dangerous products, but there is n general right to sue companies solely on the basis that... Read more »

1 Answer | Asked in Government Contracts, Contracts and Employment Law for Maryland on
Q: I have 2 questions actually about 2 different incidents. First I was fired from Old Federal Tool Company because i had

because i had court for myself one day for personal matters and then the following week I had to go to court because I was summoned as a Witness and the court document said I could be arrested if I did not show . I had no choice and showed my employer all paperwork beforehand and he was okay with... Read more »

Mark Oakley
Mark Oakley
answered on Dec 13, 2021

You are an employee at will, meaning you can be fired at any time for any reason other than for a Constitutionally protected reason (your race, religion, sex, etc.).

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: What are the exceptions to the 3 year requirement for filing a law suit for breech of contract?
Mark Oakley
Mark Oakley
answered on Nov 14, 2021

(1) the word, "seal" appears on, near or under th signature of the person signing the contract, which extends th SOL to 12 years in Maryland.

(2) the contract specifies a different SOL.

(3) the party suing is or was under a disability during the time the SOL was running,...
Read more »

1 Answer | Asked in Contracts for Maryland on
Q: There is an initial cap fee in the resale certificate. Please explain what this is?

Who pays the initial cap fee? Is there a maximum amount of cap fee that can be charged? Why is a cap fee being charged?

Mark Oakley
Mark Oakley
answered on Sep 29, 2021

The law caps the charges that may be imposed by a Condo or Homeowners Association for a resale certificate at $250. Any increase in this amount will be tied to the Consumer Price Index and may not occur more frequently than every two years. A unit inspection fee of $100 and a rush fee of $50 to... 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 Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... Read more »

Richard Sternberg
Richard Sternberg
answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... Read more »

1 Answer | Asked in Contracts and Employment Law for Maryland on
Q: I have a question about retainers.

If a client has hired a a freelancer and signed a retainer agreement, does the freelancer have the responsibility to keep the client updated on the hours being billed.

Can the freelancer surpass the agreed upon hours without notifying client and ask for surplus hours at a later. In this... Read more »

Mark Oakley
Mark Oakley
answered on Aug 17, 2021

Not enough facts to evaluate. Need to see the contract, and then go over facts and course of conduct of the parties after the contract was signed, and the knowledge of--and receipt of the benefit by the client of-- the work performed by the freelancer. If the client received above and beyond what... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Maryland on
Q: I hired a window installation company to replace windows. Unbeknownst to me, they used subcontractors.

1. I would have never hired a company to subcontract. Can they do this if it wasn't in the contract?

2. The original window installation company continues to refuse to provide a lien release from the subcontractors. Again, and again.

Is there any way to force them to... Read more »

Mark Oakley
Mark Oakley
answered on Aug 11, 2021

If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: Hi. I bough a house for $265,000 inn November 2014 with a girlfriend. Her Father actually bought the house outright.

However, he was not put on the deed then or ever. Only myself and girlfriend were on the deed. I was hesitant in buying the house this was as I didn't feel like I was buying the house and didn't have the pride in buying my first home myself. Plus, I did not qualify for the first time home... Read more »

Richard Sternberg
Richard Sternberg
answered on Jul 27, 2021

Didn’t I answer this yesterday. When you sign papers, they matter. Let a lawyer review what you sighed… ya’know… like the grown ups. You will likely pay for the review.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: I bought a house with a girlfriend in November of 2014. On a side note concerning my girlfriend paying utilities.

Every envelope on the outside in bold all caps red letters read the following, "DELINQUENT NOTICE, PAY IMMEDIATELY OR FACE POTENTIAL UTILITY TURN OFF". One month I finally opened one and there was a substantial amount due because she had not been paying the bill. This similar thing... Read more »

Richard Sternberg
Richard Sternberg
answered on Jul 26, 2021

To recap, you need to review the real documents with a real lawyer. And, the next time you "signed a document her Father wrote that stated my signature signified I was off the deed" without reviewing it with a lawyer, you'll get exactly what the document might or might not say. What... Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maryland on
Q: Good evening. I bought a house with a girlfriend in November of 2014. At the time of buying we had been together about

a year and a couple years. Fast forward we ended up breaking up in June of 2018. Quick detail, her father 'gifted her' $265,000, which is what was used to buy the house. Each month I would pay her Father $1,000, 'morgage' I would also pay USAA home insurance and property taxes... Read more »

Mark Oakley
Mark Oakley
answered on Jul 24, 2021

You fail to identify whose name(s) is/are on the deed. That will determine legal title and ownership. If your name is not on the deed, then you are left with a claim to some equitable ownership interest based on your $1,000 monthy payment toward repaying the $265,000 "loan" to buy the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the precedence proving when a contract is ratified. Is it when it is signed or when it is sent to the buyer?

Meaning if the seller signs it and holds it for 5 days, the buyer cannot meet the timeline to setup up inspections before the 10 day timeframe. Can the seller state the buyer is at fault for not meeting their deadlines?

Update: Was the response specific to MD or is the precedence valid in... Read more »

Mark Oakley
Mark Oakley
answered on Jul 21, 2021

Offer + acceptance = ratified contract. Acceptance has to be communicated to be valid; there is no “secret” acceptance of a contract. However, a contract offer that is signed and placed in the mail is accepted on the date it is posted in the mail (unless the offer is made contingent on a... Read more »

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