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Maryland Contracts Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Contracts and Gov & Administrative Law for Maryland on
Q: Can I be paid to fix a reverse osmosis filter without a plumbing license? Would fixing the filter be considered plumbing

The task/job was assigned to me through an app called task rabbit.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Maryland Business Occupations and Professions Code, Section 12-101, defines the term plumbing, and the need for a license, as follows:

(n) Provide plumbing services

(1) “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a...
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1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... Read more »

Mark Oakley
Mark Oakley
answered on Jan 9, 2023

No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... Read more »

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... Read more »

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... Read more »

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Would a plumbing contractor be required to itemize their receipt to show the cost of equipment and labor

In other words, can a plumber just give one flat fee to install a well pump and pressure tank and all associated valves and guages or does the law state they must disclose the cost of the equipment they purchased if the customer requests that they disclose it...the job is already completed.

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

No, if the contract was entered into on a flat fee basis. If the contract was on a time and materials basis, which would be stated, then yes. You are perhaps entitled to all manuafacturer warranties on the installed equipment.

1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What can we do about it! How can we handle him?

I have a roommate. Both our name are on the lease

He left two month ago to live somewhere else without telling me. I found his room empty . leaving the keys and refusing to sign off the lease. I found someone else to cover the rent and he knew and said he was cool with it. Now he wants to... Read more »

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

Put in writing (letter, email, text--and save it as evidence) that he cannot come back and if he does attempt entry he will be charged with trespassing and breaking and entering. Trespass can only be charged if he receives notice to stay off your property, and you need to prove you gave that... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I own a small electrical company and I am having issues collecting payment from a pretty large management company.

Contract agreement in net30 but payment is over 60 days past due. I threated to place a lien on the property and then the company had their attorney threaten me with lawsuit if I move forward with the lien. Am I able to put Lien on property? what are my options?

Mark Oakley
Mark Oakley
answered on Dec 7, 2022

Take your contract, your unpaid invoices, and correspondence regarding payment to a lawyer to review. Whether you pursue a mechanic's lien or file suit for breach of contract, or both, depends on the facts, what is owed, who you have a contract with, etc. Management companies do not typically... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I have hired someone to replace an old deck with a flagstone. he said he'd hire 4-5 worker and finish it in 2-4 weeks.

He did not hire anyone and tried to do it by himself and one assistant. Unfortunately, no contract was signed, and the original agreement was $11000. I have already paid him $8000 plus a $500 Home Depot gift card for extra materials that he needs (in case I am not available). He did not put on a... Read more »

Mark Oakley
Mark Oakley
answered on Nov 26, 2022

Let's start with the legal issues first:

(1) Did the contractor pull a building permit for this job, if one was needed? How high was this wall supposed to be (walls over a certain height require a permit)? It is the non-delegable duty of the contractor to obtain all permits and pass...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... Read more »

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... Read more »

Mark Oakley
Mark Oakley
answered on Oct 26, 2022

It is almost impossible to imagine a buyer not knowing whether their contract offer was contingent on financing. The financing contingency is the single most important and most common contingency in real estate transactions. If, however, you used the GCAAR forms, then some sellers use a... Read more »

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2 Answers | Asked in Small Claims and Contracts for Maryland on
Q: Sold someone a graphics card on ebay. He contacted me a day later said its broken he now wants a refund.

He came to my house he tested it he said everything was fine he paid with cash. A day later he contacted me saying that after prolonged usage he can see artefacts on the screen something that has never happened to me. He asked for a refund but instead i just told him that I can send it for reper... Read more »

Mark Oakley
Mark Oakley
answered on Oct 23, 2022

You need to carefully read over the ebay terms of service and obligations between buyers and sellers, as that is a contractual matter as to what terms you bound yourself to in the sale of items over that platform. Under normal circumstances, unless you knowingly misled the buyer with a false... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

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 »

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