Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Contracts Questions & Answers
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

View More Answers

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.

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... View 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... View 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... View 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...
View 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,... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Contracts and Business Formation for Maryland on
Q: Do I have to re-file my trade name if I had reinstated the LLC under a new legal name after it was forfeited?

Trade name was filed in 2020, the LLC name changed 2022

Shaneka Johnson
Shaneka Johnson
answered on Mar 7, 2022

In Maryland trade name registrations are valid for 5 years. Trade names register the core name of the business, without the "Inc., LLC, etc." designation. Renewed businesses are covered under their new designation if they retain the core name on their trade name registration.... View More

2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for Maryland on
Q: can homeowner association board of directors restrict individual homeowners from talking with the press/journalists

my homeowner's association (hoa) president and the board of directors (bod) act as if ALL issues - specifically, talking with journalists for a possible light-hearted article that's essentially, an expanded real-estate/house-for-sale feature focusing on our community's positive... View More

Mark Oakley
Mark Oakley
answered on Feb 15, 2022

No, the HOA has no legal authority to control or prohibit a homeowner from speaking to the press or anyone else.

View More Answers

1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Maryland on
Q: Supplier/ installer company sold the ceiling track light to the dentist. The light got separated from the pole, fell and

The light got separated from the pole, fell and caused injury. Expert concluded that the security pin that hold the light to the pole was not installed. Company came and replaced the light and installed the pin in other thirteen pieces of the same type of equipment. There was a personal injury... View More

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

(1) and (2): The Consumer Product Safety Commission issues recalls for unsafe consumer products, and the manufacturer remains liable to injured persons (emphasis on "injured") on account of their dangerous products, but there is n general right to sue companies solely on the basis that... View More

1 Answer | Asked in Government Contracts, Contracts and Employment Law for Maryland on
Q: I have 2 questions actually about 2 different incidents. First I was fired from Old Federal Tool Company because i had

because i had court for myself one day for personal matters and then the following week I had to go to court because I was summoned as a Witness and the court document said I could be arrested if I did not show . I had no choice and showed my employer all paperwork beforehand and he was okay with... View More

Mark Oakley
Mark Oakley
answered on Dec 13, 2021

You are an employee at will, meaning you can be fired at any time for any reason other than for a Constitutionally protected reason (your race, religion, sex, etc.).

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,...
View 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... View 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... View 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... View 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... View 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... View More

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.