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Maryland Contracts Questions & Answers
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 Collections for Maryland on
Q: I would like to challenge the jurisdiction of a MD District court. I do/did not live in MD at the time of service.

Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... Read more »

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... Read 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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What does this mean?

IfanyprovisionofthisLeaseorapplicationthereoftoanypersonorcircumstanceisheldinvalid,thatinvalidityshallnot affect other provisions or applications of this Lease which can be given effect without the invalid provision or application; and to this end, the provisions of this Lease are declared to be... Read more »

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It's a bit jumbled together, but it's what known as a "severability clause". Essentially, if any aspect of the contract is found to contravene MD law (for instance, interest set at 10% in a rent case, etc.), the rest of the contract will continue to function regardless.... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: I own thousand dollars worth of baskets & want to have a bingo , to raise money for my daughters college fund.

now I'm being told I need a permit. I've already sold tickets for this event. I already signed a contract with the fire department. I need help

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

Refund the money for the tickets sold, cancel the event, negotiate a return of the rental money. Private for-profit bingo games in Baltimore County are illegal, as they are in most counties. They may only be held for charitable purposes by charitable or non-profit organizations to raise money for... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: After an exit letter is sent, can a storage a storage company legally continue to invoice for payments.

In April 2020, I entered into a storage agreement contract with another person. I was the only one who made all of the payments for this account. During winter 2021, I sent an exit letter. The payments were stopped at that point. A few months ago, the company began to invoice me, has charged all of... Read more »

Mark Oakley
Mark Oakley
answered on Aug 30, 2022

You need to look at the lease agreement with the storage facility. I am guessing (since you do not state as much) that you and one other person both co-signed the lease and are therefore jointly liable for paying the rent. In such a case, the landlord can choose to sue just one or both of you for... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: I am in Maryland. How do I write in a service contract that I will not perform duties that conflict with my religion?
Mark Oakley
Mark Oakley
answered on Aug 25, 2022

This forum is not appropriate for asking for a specific drafted provision to put into a legal instrument. You will need to talk to a lawyer and review your contract and go over exactly what it is you are concerned with in order to properly address the issue and make sure that any provision you put... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: We were given a buyer-broker agreement the day after we signed a contract to buy a house. Do we have to sign?

A realtor that helped us find a home to buy gave us buyer-broker agreement the day after we signed a contract to buy a house. We now close on home in a week and she is making us sign the buyer-broker agreement. She never told us we would have to sign any agreement with her brokerage prior to making... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 23, 2022

You misunderstand the document, and who pays the buyer's agent. Our lawyers are also licensed brokers, so we understand your question. It is the SELLER that pays the entire 6% commission, which is then SPLIT in some way with YOUR buyer's agent. The 2.5% you refer to DOES NOT come out of... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: If a person is on a apartment rental lease and is listed as just an occupant, do they have any financial responsibility
Leonard A Englander
Leonard A Englander
answered on Jul 14, 2022

Absent unusual circumstances (ie. an agreement stipulating to responsibility or a guarantor or the occupant doing damage to the premises), the answer is no. The named tenant(s) are the responsible parties. Authorized occupants merely have the right to reside. As a result, they don't have... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maryland on
Q: Can I hold our lender liable due to their negligence which caused us to lose earnest money deposit and other fees?

We were under contract to purchase our first home. The lender asked for a second extension on the closing date. The Seller was not happy but agreed under the terms that we would forfeit our earnest money deposit if closing did not happen. Our lender assured all parties involved that he only... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 11, 2022

Not likely. In Maryland there is a reported case called "Jacques," (my spelling may be off) which describes the standard of care owed by a lender to its prospective borrower. Whomever you consult should pull this line of cases for discussion.

1 Answer | Asked in Contracts and Entertainment / Sports for Maryland on
Q: Hi! I was given an offer by a music company, and I wanted to know if this contract seems good before signing!

https://www.dropbox.com/s/5cohamsbl2j9z6y/BR%20Artist%20Development%20Platform%E2%84%A2%20Deal%20Kadence%20Brooks.pdf?dl=0

Scott Scherr
Scott Scherr
answered on Jun 29, 2022

You are going to need to consult with an attorney that practices Entertainment law to review the contract and suggest changes or warn you about any issues. You should expect an attorney to charge for his or her time. There are many good attorneys out there and you can look for one on Justia or... Read more »

1 Answer | Asked in Contracts and Estate Planning for Maryland on
Q: Can I, sole beneficiary, take control of my Maryland GST from my still living dad due to breach of fiduciary duties?

I was not informed a GST with me as the only beneficiary, existed until my cousin recently lost her mother (my aunt), and she sent me the paperwork from the GST now that her and her brother are dissolving theirs(other half of the original trust).

I have severe health issues including a... Read more »

Mark Oakley
Mark Oakley
answered on Jun 23, 2022

A beneficiary of a trust has the right to obtain a copy of the trust and receive an accounting of the assets, to include investment performance of the assets and transactions in and out of the trust. Your starting point should be a written demand on the trustee for both of these things. Upon... Read more »

1 Answer | Asked in Contracts and Family Law for Maryland on
Q: Am I responsible for paying a loan that’s not in my name but being used to pay my daughters college balance?

Daughters mother took a loan out to pay daughter college. Never asked or consulted me. There’s nothing in our paperwork saying I’m responsible to pay her college. Now her mother wants me to pay the loan.

Mark Oakley
Mark Oakley
answered on Jun 8, 2022

(1) Are you married to your daughter's mother?

(2) Are you divorced from your daughter's mother?

(3) Is there a marital separation agreement or any other type of signed agreement bewteen the two of you that provides for payment of college tuition, and if so, what exactly...
Read more »

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,... Read more »

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.

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