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Maryland Contracts Questions & Answers
1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Maryland on
Q: How do I rectify this situation with my apartment complex? I just want to be treated fairly or retrieve some justice?

I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... View More

Mark Oakley
Mark Oakley
answered on Dec 15, 2020

Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or... View More

1 Answer | Asked in Contracts, Civil Rights and Constitutional Law for Maryland on
Q: I need to obtain a form to present that will display my exemption from the vaccine. It will present grave consequence

Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!

Mark Oakley
Mark Oakley
answered on Dec 3, 2020

There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Am I being wrongfully evicted?

My landlord had put a masterlock on my door so now I can’t remove the remainder of my property. The lease says I have until the end of November to vacate. She lives in NY and I’m in MD. I don’t understand why she did this but I feel as if it isn’t valid.

Leonard A Englander
Leonard A Englander
answered on Nov 9, 2020

That sounds like an illegal lockout. The only way that it would be allowed is if there was a court hearing and the sheriff's office came to officiate an eviction. It doesn't sound like that happened here. I would suggest contacting the State's attorney's office, as many counties... View More

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1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: A friend had their apartment shot into. Can they break their lease without penalty for safety reasons?

They have filed a police report. Manager says they still need to pay 2 months rent to break the lease.

Mark Oakley
Mark Oakley
answered on Nov 3, 2020

Your friend needs to pull out their lease and carefully review any term or provision that may help them support an early termination. There is no general right to terminate a lease based on the happening of a single criminal event (if it was a criminal event). An argument might be made that the... View More

1 Answer | Asked in Contracts for Maryland on
Q: I have a question regarding digital signatures. Someone is stating that I signed a contract on their ipad.

Someone is stating that I signed a contract but when I placed that signature on their iPad they had told me it was in order to allow them to call my insurance company. They did not tell me or read me out the rest of the contract which stated that we would be liable for 30% cost of a job to a home.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 6, 2020

If a signature was procured by fraud / misrepresentation that would be a defense. However, it may become a matter of he said / she said and a battle of conflicting testimony if someone presents a signed "contract" and the signer says they were falsely induced to sign it without... View More

1 Answer | Asked in Contracts for Maryland on
Q: We are trying to sell our townhome in Virginia and the condos inability to fix our roofs are possibly preventing us.

My husband and I own a townhome in Manassas, VA. Our condo association has had tarps on our roofs in our community for three years now instead of fixing them because they are in litigation with the insurance company about them because of it being a windstorm. Instead of fixing all of our roofs they... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 6, 2020

Since the question deals with VA property, you'll want to post this to someone in Virginia.

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the legal definition of when you have "secure financing" in the sale of a house? From case law or regular law?

If a contract says that a buyer has to "secure financing" by X date what is the actual interpretation of that? Do they need to be able to close the loan and sale or just show they have applied for a loan or just a pre-approval?

Mark Oakley
Mark Oakley
answered on Sep 11, 2020

More than pre-approval. You get a commitment letter for financing from the lender, usually with a proviso that none of the borrowers qualifying information changes.

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1 Answer | Asked in Contracts for Maryland on
Q: can an hoa obligate funds in current budget for contracted services in the following year?

For example, we are planning to do a reserve study in 2021. It is in the 2020 budget, but since the work is not being done in 2020 can we sign a contract for 2021 and have the work done in 2021.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 29, 2020

Yes, you can always contract for future work--some vendors like to get paid for their work in advance to secure your spot. Check the HOA's governing documents and see if this is against the policies set out in the documents. If so, then you should follow it. If not, then contracting for future... View More

1 Answer | Asked in Contracts for Maryland on
Q: Hi, I am making payments on a loan from a company called Lendmark. I believe that I am being overcharged and lied to.

I recently made two $1500 payments and was told on the phone that my remaining balance would be $246. I called back to make my final payment and was told that it is $301.91. I asked for a print out of my statement, which I did receive. I’m not sure I understand it fully but I believe I’ve been... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 28, 2020

The first place to start with any loan question is the loan paperwork.

Most loans have interest and clauses that the borrower agrees to pay for attorney fees if they "default" or miss a payment and the case gets sent to an attorney for collection. However, this must be in the...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: independent contractor and believe I may need lawyer services to assist with reviewing my documents. Can you he

Do you offer pro bono for this?

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2020

A Maryland attorney could advise best, but your question remains open for two weeks. You could use the Find-a-Lawyer tab above or search for attorneys on your own. But many of the attorneys and organizations that offer pro bono services usually do it based on financial need in areas such as... View More

1 Answer | Asked in Contracts and Civil Litigation for Maryland on
Q: Professional Services Contract: Contractor from MD refuses to pay sub-contractor's Invoice because submitted 12 mo. late

Contractor in MD Refuses to Pay Sub-Contractor's Invoice for an overseas Pharma already completed consulting services project on the Excuse It Was Submitted 12 Months After Completion of Professional Services Work. Parties have signed Contract. Total amt ~ $100K.

Q1. What is the legal... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2020

The general statute of limitations for commencing suit in Maryland on a breach of contract claim is 3 years, not one year, from the date of the breach/time money became due. The claim is not barred. Further, if this is a commercial project (not a home improvement contract or construction of a... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I have agreement and bill of sale but his accountant didn't make promissory note . can also sue him for legally fee too.
Mark Oakley
Mark Oakley
answered on Jun 22, 2020

Sue who? Did you sell the business or buy it? His accountant works for him, not you. You don't have an agreement with the accountant. You can't sue the accountant. If you are owed money and sue, it is for breach of contract. Legal fees are only allowed if the contract says they are.... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Buyer stop payment on business. 1st payment clear but 2nd stop. Reason normal wear and tear. Location. MD.what my rights

Payment start on may 2020. Business sold on 02/29/2020. First check clear and 2nd stop . Reason he hold my check because he has issue with POS,sink, AC.

Mark Oakley
Mark Oakley
answered on Jun 21, 2020

There should be a buy-sell agreement, and I assume a promissory note securing payment of the terms of purchase. Those documents govern your remedies. Take them to a lawyer to review. Unless he is arguing intentional fraud or concealment of material defects in the property owned by the business... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... View More

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1 Answer | Asked in Contracts for Maryland on
Q: I purchased antiques at a Maryland auction and the auctioneer wants to cancel the sale as they claim to have made a

mistake . Can they do this

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

In order to respond to your questions an attorney would need to ask you several more questions and review the documentation available, aside from looking into any specific laws of the State of Maryland applicable to your situation. In general, an attorney would need the following information:... View More

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Real Estate Law for Maryland on
Q: Hello, what can I legally do to get the leasing office to deal with the many noise complaints I’ve sent in?

I work an over night job and my neighbor above me leaves his young kids in the house alone early in the morning around 9 am for multiple hours a day multiple times a day, I get in the house at 7 am and cannot sleep cause of so much noise over my head, I’ve sent video recordings of the noise,... View More

Diana Valle
Diana Valle
answered on May 25, 2020

If you have evidence of the noise being caused, and it rises to the level of disrupting your right to peace and enjoyment of your residence, you could file a nuisance complaint against your neighbor. The more evidence you have then the better. The judge would then decide based on the evidence... View More

1 Answer | Asked in Contracts for Maryland on
Q: contractor is 5 months over scheduled date States he doesn’t have money to finish given 375,000 refuses to communicate

Starting 10 months of a 7 month project

Refuses to quit

Up to date on payments. Never withheld a payment

Paid in cash

Refuses to give schedule

We hired liaison (MHIC licensed) because he refuses to communicate with us

Contract is very vague and... View More

Mark Oakley
Mark Oakley
answered on May 15, 2020

You do not want a "bull dog" lawyer, but a lawyer who knows construction law and how to litigate a case if necessary. Right now you are understandable angry and emotional about the mess this contractor has put you in (as well as your own failure to have the "vague" contract... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Maryland on
Q: Is bankruptcy a defense to a breach of contract claim under Maryland law?

Even if they have a clause in the contract that says otherwise?

Timothy Denison
Timothy Denison
answered on May 11, 2020

Yes. Under federal law as well.

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1 Answer | Asked in Contracts for Maryland on
Q: "Contract values for the upcoming fiscal year must remain frozen in order to be renewed". What does this mean?

Regarding a contract we have. We typically renew in July for 1-year term.

J. D. A.
J. D. A.
answered on May 11, 2020

Speculating without context that might make a difference- the phrase appears to simply say that the contracting party will not agree to an increase in price for newly renewed contracts (but might renew the contract at the same "contract value" for another fiscal year).

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Leasing office charging me 6070$ after I reported to them am leaving because contenants brought another person in house

He even Bring another tenant to live in house and charging him rent and move himself to the unfinished basement with her girlfriend and 4 years old daughter. At that point I can’t even use the basement to wash my clothes. I reported to the leasing office the illegal presence in the house along... View More

Richard Sternberg
Richard Sternberg
answered on Mar 13, 2020

I do not understand the facts as you've presented them, and there is little any lawyer can do for you without reviewing the lease, the licensing of the unit, the correspondence, and the rest of the oral facts. Further, it probably matters where the rental unit is located, but your message... View More

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