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Maryland Contracts Questions & Answers
1 Answer | Asked in Contracts for Maryland on
Q: Before I type all of the details of my question, I want to confirm that this is actually free

I hired an attorney to help me with a disability case. Disability closed my case and opened a new one. Am I required to use the original attorney knowing that I can handle it on my own since it is a new case?

George Steven Louis
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answered on Jan 11, 2024

You always have the right to represent yourself

You can terminate your current attorney as well.

Good luck which ever way you go.

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: I was having financial difficulties and got behind on my HOA payments. I used a state program to pay off the past due

amount but a few week later, I received notice that a lien was filed on my home. I contacted the lawyer's office several times and not got a call or email back. I continued to call the lawyer and my HOA because I was blocked from making HOA payments and have been ever since. The HOA tells me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Some questions go unanswered here, but you might have better chances of a response by including the "Real Estate" category. Given that time is of the essence here, and that... View More

2 Answers | Asked in Contracts for Maryland on
Q: Is a seller required to inform a buyer about mice infestation if they did have an actual knowledge?

The day after settlement I hired a pest exterminator to take care of coach roaches on the property and he found two mice and evidence of foam sealant for mice however the seller never disclosed.

I don't know if there is infestation yet, but I would like to know what Maryland law says about this?

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. You could repost and add Real Estate as a category. Some questions go unanswered, but attorneys who handle real estate closings would have insight into this. Good luck

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1 Answer | Asked in Contracts for Maryland on
Q: My boyfriend died of a drug overdose in my apartment. They are now kicking me out. Is this legal

He is not a resident of the apartment just was staying over

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

I am sorry for your loss. It depends on the language of your lease. You would need to review the terms of your lease.

1 Answer | Asked in Contracts for Maryland on
Q: can I get a refund after I unknowingly signed service main. contract. I told them I did not want. it has been 4 days pas

I purchased a ford truck 2023. They said if I cancell no refund and my payment remain the same and I will not get any maintenance service.

Mark Oakley
Mark Oakley
answered on Mar 19, 2023

Go to this site, navigate the links regarding consumer complaints and dealership complaints:

https://mva.maryland.gov/businesses/Pages/investigations.aspx

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I break my lease due to anxiety and depression??

My bedroom ceiling began caving in one night while I was asleep in bed. The proper management company did come and replace the entire ceiling in my bedroom however I haven’t slept in my bed due to the constant fear of it caving in. This has caused me sleep deprivation, which is worsening my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the...
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1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... View More

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

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 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;... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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