Lawyers, Answer Questions  & Get Points Log In
Maryland Contracts Questions & Answers
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 »

View More Answers

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 »

1 Answer | Asked in Contracts, Employment Law and Public Benefits for Maryland on
Q: Employer claiming breach of contract on bogus claims and withholding wages. How do I proceed?

After submitting a two-week notice, my employer claims I have breached my employment contract on largely bogus claims. He has also withheld a previous paycheck. I was given an impossible number of tasks to complete during my final two weeks, and he is claiming not completing these tasks is a breach... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 21, 2021

If you are an employee, you can file for unemployment comp alleging a change in work conditions.

As to at will employment--that's what everyone is. He can't withold wages for work done. Take his advice and call a wage-hour attorney,

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Lemon Law for Maryland on
Q: "The law does not stand anywhere." Is this a fact of legal theory, or just something with which to hit me on the head

Your statement: The Law does not stand anywhere. Et tu quo que.

Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.

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 Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Maryland on
Q: What do we do about the person renting from our landlord who was subletting to us... stealing our money?

Mike is our landlord. Jeff rents the house from him and his name is on the lease. Jeff is subletting to me, and two other roommates. Jeff moved out but is still on the lease. We have been sending him rent money and utility money to pay the landlord and utilities (in his name). We found out today he... Read more »

Richard Sternberg
Richard Sternberg answered on May 13, 2021

It sounds to me like you need to get out in front of this with the landlord as well as the sub landlord. It might be a good idea to review the lease between Mike and Jeff to see if he had the right to sublet. It is likely that you may be evicted, and if the PEPCO bill is in your name, you might... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: Ok my father in law recently passed away. Now he was the co signer on my car loan. I' would like to have my payments .

Reduced. What do I do? Thank you

Scott Scherr
Scott Scherr answered on Apr 28, 2021

I am very sorry for your loss. You would need to contact the lender to see if they will allow you to refinance the loan in your name alone with a reduced payment or refinance the loan with another lender.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... Read more »

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My complex gives a 6 month period for us to give notice of us either ending or renewing our lease. Is this legal?

We are required to give notice at least 6 months before the end of our lease. I've only seen time periods up to 90 days so is 6 months legal?? We did sign this but is the contract legal in the first place?

Mark Oakley
Mark Oakley answered on Apr 9, 2021

There is no prohibition to providing a longer notice period that that required by law, however, there are other limitations imposed. For instance:

MD Real Property Code, 8-208(d): A landlord may not use a lease or form of lease containing any provision that has the tenant agree to a period...
Read more »

1 Answer | Asked in Contracts for Maryland on
Q: Is there any restriction for a business asking a customer to sign a "Confessed Judgment" agreement in lieu of going

...to District Court for Small Claims complaint?

Mark Oakley
Mark Oakley answered on Mar 25, 2021

Depends on the nature of the business/service or product. There are various consumer regulatory statutes that govern specific types of businesses, such as home improvements, consumer loans, etc. Some of those statutes impose restrictions on confessed judgments, as well as a grant of a lien on... 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.