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Maryland Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Is information given to me over email be considered a binding agreement.

I received an email from a representative of a county run program stating the selling price of a home that want to purchase. It has the amount stated in the email. the person stated that she will check with the executive officer to get the amount. She sent me an email back a few days later with the... View More

Mark Oakley
Mark Oakley
answered on Jan 27, 2018

No. In order to make a binding contract, there must be both an offer and an acceptance of the offer, plus an understanding of all material terms of the agreement. You never accepted the offer of sale and closed the deal. In real estate, prices increase or decrease over time. You never locked in the... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Maryland on
Q: My Daughter's father is charged with 2 second degree charges.

I wanted to drop the charges what happens if I don't show up to court that day?

Mark Oakley
Mark Oakley
answered on Jan 23, 2018

If you were subpoenaed, then you should go. Otherwise, unless there were serious injuries, in all likelihood, the case will be dropped.

1 Answer | Asked in Contracts and Criminal Law for Maryland on
Q: Hello my friend was just arrested for keeping a rental car. What is she facing and what cost for an attorney.

Happen in Calvert maryland. She also was charged cause her prescription bottles count was below what it should have been.

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jan 18, 2018

I handle Maryland cases. The cost is determined by the seriousness of offense, record if any of the accused before this case, and complexity. I have handled cases in Calvert County and can absolutely help here. I think the best way to proceed is a free consult. Call me at (410) 244-5068. The... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Maryland on
Q: 2 people 1in md 1in ct each have companies and agree to do business in africa together,the african country requires

an african company. The parties draw up and sign agreements in the proposed name of the new company. The parties go to africa set up the company. Is the original contract valid. Both parties agreed in parole evidence, then drew up paper work, signed it ,and incorporated the company in africa as... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 12, 2018

You're encouraged to sit down with a lawyer experienced in international business law (many attorneys in and around DC have such skill sets) to go over the specific scenario at issue. An online post cannot realistically analyze such a fact pattern.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: Can a property manager be held liable for not exercising due diligence?

My property manager did not exercise due diligence in filing proper paperwork for failure to pay rent notice with courts, leading to tenants staying in my home for 4 months without paying rent.

My question is, can they be held liable for not filing the 1st notice in a timely manner?... View More

Richard Sternberg
Richard Sternberg
answered on Jan 1, 2018

This will not be covered by General Tort Law, but is a matter controlled by your contract with the manager. Any damages beyond the contract are likely to be barred by the Economic Loss Rule. You should get a consult with a lawyer to determine whether your contract has been breached, and you... View More

1 Answer | Asked in Contracts and Civil Rights for Maryland on
Q: What are the legal responsibilities of an independent contractor.

The employee expects me to use my computer and cell phone, travel using my vehicle.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2017

The question is extremely broad as an online post cannot realistically outline every legal responsibility, much will depend on the particular field/industry.

Generally speaking, thought, an Independent Contractor assumes responsibility for all his/her own work and does not have an...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: as a small business owner is there a limit to the amount of a late fee I can charge for services?

Dance Studio with contracts signed by every register family with detailed outlined fee schedules and associated late fees if not paid within 10 days of the actual due date.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2017

You may wish to look at the Commercial Law article, title 14, and in particular statute Md. Ann Code, Commercial Law § 14-1315.

For consumer contracts, late fees may be capped at a certain % (e.g., 1.5% of the amount past due) and/or limited to the number of times imposed (e.g., $5 or 10%...
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1 Answer | Asked in Contracts for Maryland on
Q: When you sue somebody for $50,000 in a lawsuit and win the case! How are you guaranteed to get your money back??

My self and a friend of mine together invested $50000 in another friend of mines project!! He is a writer and producer of television shows! He wrote a show that he intended to sell to a buyer within 1 year. we have a a guaranteed money back contract if the Show did not sell in a year, we would get... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Most skilled lawyers will not "guarantee" a win as lawsuits involve a lot of variables. However, if judgment is secured, then there are a variety of tools attorneys can use to collect on the judgment. These may include such things as wage garnishments, asset seizure and the like. None... View More

1 Answer | Asked in Bankruptcy, Civil Litigation and Contracts for Maryland on
Q: I have an active court case from a creditor for an old debt. I am destitute and cannot pay it. What should I do?

Is it worth going bankrupt with my credit score still being decent? If they are granted the judgement, and I cannot pay, then what? I have no substantial assets other than a small IRA. My total cash is just a couple thousand and I own my car. I am self-employed and make little enough that I qualify... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Maryland law offers exemptions from collection so that a modest amount of property can be exempt from a judgment creditor's reach. Note, however, that the exemption is not automatic and must be timely made/requested by the judgment debtor.

Someone facing collection has several options....
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1 Answer | Asked in Contracts and Small Claims for Maryland on
Q: I am helping someone with their car payment but I don't think the money is going towards the car. Can I ask for proof?

She claims she is going to get her degree, make more money and pay it herself. But she won't say how much the note actually is, what bank it's going to, how much school is left, and when I wanted the account information so I could make the payment instead of dropping off the money, she... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Although not strictly a legal answer, a "gut" reaction to question might urge strong caution before loaning money.

Without question someone can demand proof before lending money. Moreover, if someone claims to need money to pay a specific bill it would be reasonable to make the...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Maryland on
Q: I am in Maryland,My corporation is a Nevada Corporation My finance person is in connecticut We made a verbal or parole

agreement between a us corp CT and A Guinea corp

the guinea corp was not formed at the time of agreement,we the set it to writing the guineacorp was then created when we flew to guinea(they only set up in person) is the written agreement Valid? void? or voidable? or just fine

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

An attorney cannot reasonably answer a question on the validity of a multi-jurisdiction contract without seeing the contract and understanding where the contract is to be performed and where the dispute has arisen.

You are strongly encouraged to consult legal counsel, ideally one skilled...
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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Collections for Maryland on
Q: I have a court case pending for a debt from nearly 3 years ago. The statute of limitations expires before the court date

But, the motion for a complaint was filed before the statute of limitations date. So the statute expires before the actual court date but after the lawyer filed the complaint. Will I be able to use the statue of limitations as a defense in court, since it will have passed by the time we go to court... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2017

No Statute of Limitation is a defense only for the filing of the Complaint.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: Breaking a lease

My husband and have a great opportunity to buy a house for our family. We rent a townhouse in Gaithersburg, MD. We just renewed our 1 yr lease in August of 2017. We were not planning on this but things happen. We asked the landlord if she would let us out of the lease with 2 months notice and a... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 23, 2017

Generally speaking a tenant is "on the hook" under a lease for the entire term but the Landlord has a legal duty to mitigate damages by trying to re-rent. A landlord can choose to EITHER take a new tenant but still keep the first tenant responsible if the new tenant defaults OR release... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: In Maryland, want to sue old management company. Never received receipt for deposit, over 45 and still no deposit back

Hi, I'm in Maryland and want to sue my old management company for 3 times the security deposit (as permitted by the General Assembly). Do I have a case? They never gave me a receipt for my security deposit in the first place, but more to the point, we moved out by the 1st (as was the term of... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 19, 2017

Often the security deposit receipt is included in the lease language itself (instead of being a separate piece of paper).

The law requires that the Landlord return the security deposit, or send a letter explaining what damages were deducted from the security deposit, within 45 days. It...
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1 Answer | Asked in Contracts for Maryland on
Q: If monetary units are not defined, then is money owed? For instance, 3000/month is not the same as $3000/month.

If monetary units are not defined, then is money owed? For instance, 3000/month is not the same as $3000/month, as the monetary unit, dollars, is not explicit. Also this is a "contract" exchanged via SMS. Lastly this contract includes the terms, "adjustable based on experience";... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 7, 2017

The law may insert common sense at points. For instance, a payment amount in the US is likely presumed to be U.S. Dollars, even if not express.

Some terms may be too vague to be definitely and in some cases may be simply an "agreement to agree."

If you have specific...
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2 Answers | Asked in Employment Law and Contracts for Maryland on
Q: What are possible penalties if I accept a position with a recent client of my current employer?

My son , employed by a small Maryland IT company serviced a contract for approx 2 years. The contract ended. The company extended only the work my son was doing. Now they want to engage my son as a full-time consultant (not an employee). At time of employment with current company he signed an... View More

June Marie Marshall
June Marie Marshall
answered on Oct 15, 2017

It depends on how the contract is worded. The employer can file a complaint in court for breach of contract. The penalty could be anything from specific performance (leave the employment with the past company) to some kind of money damages (loss of severance pay). He could also end up paying the... View More

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1 Answer | Asked in Contracts and Probate for Maryland on
Q: The beneficiary of the will dies only 10 days after the will maker? Who inheritance the will? Next of kin ?

So my grandma made a will in 1996 but recently changed it (possibly forced) in 2004 and left it all to her husband and nothing to her kids. If she passes away and he passes away only 10 days after her does he still claim the inheritance? And goes to his kids? Or does the will get voided, because he... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

A well-written Will should contain not only survivorship provisions but also explain who inherits if a beneficiary does not survive. This may mean that the beneficiary's estate gets everything the beneficiary would get, or that it goes to someone else if a named beneficiary does not survive,... View More

2 Answers | Asked in Business Law, Contracts and Real Estate Law for Maryland on
Q: is the contract content agast the real estate laws?

the contract content includes " Settlement is 45 days from the sale date. The Purchaser will pay interest on the unpaid portion of the purchase price from date of sale to date of settlement at the rate of 10% per annum. " I have signed it, but I find that it is not reasonable for buyers... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 25, 2017

The law generally allows people to agree to whatever terms they chose, whether "reasonable" or not. Maryland has usury laws which prevent excessively high rates of interest. The presumptive "legal rate" of interest in Maryland is 6% but there are numerous exceptions to this... View More

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1 Answer | Asked in Employment Law and Contracts for Maryland on
Q: If I am a contracted worker can i sue for not being paid

I worked for a month and he did not pay me for my time, travels, or sales made. There a handful of others he did not pay either.

June Marie Marshall
June Marie Marshall
answered on Sep 19, 2017

If you have a contract, you could sue for breach of contract.

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: If aUnited Methodist church was incorporated many years ago , does that church still remain in good standing presently ?

Where would I have to go to find out the above information ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 18, 2017

"Good standing" means that the corporate entity has filed its annual personal property returns each year. The annual $300 filing fee is waived for non-stock corporations but the entity still must file its returns. The State Department of Assessments and Taxation can give you the... View More

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