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Maryland Contracts Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?

Mark Oakley
Mark Oakley
answered on Jul 22, 2019

You need to memorialize your agreement in writing and put the dollar figure you want to be paid in the agreement and how you’re to be paid (at closing, by direct check from settlement). Filing a lien may be unnecessary and costly. Have a lawyer draft the agreement. If your mother won’t sign,... View More

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on
Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret...
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1 Answer | Asked in Banking, Civil Litigation and Contracts for Maryland on
Q: if I use Maryland code § 11-504 regarding $6,000 exemption, can I file multiple objections if they file a 2nd garnishmen

I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?

Mark Oakley
Mark Oakley
answered on Jul 9, 2019

Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Land Use & Zoning for Maryland on
Q: if i have a judgement for leaving a lease early, can they garnish my business accounts or just personal accounts?

I had to leave a lease early for medical and the landlord got a judgement for $10,000. they garnished a personal bank account but did not garnish my business account. I am filing an objection to MD code § 11-504 but am not due why they only tried for personal. an I object to the business... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... View More

1 Answer | Asked in Banking, Consumer Law, Contracts and Small Claims for Maryland on
Q: can a lender garnish a bank account with only $150.00 in it? on a $10,000 judgement. What can we do?

my wife and I left a leased property early and had a $10,000 judgement entered against us. Today we saw her account with $150.00 was garnished.

Mark Oakley
Mark Oakley
answered on Jul 6, 2019

Yes. However, all persons in Maryland have statutory exemption rights. Basically, there are various dollar amounts that you can exempt from attachment by judgment creditors. Chief among those exemptions is the $6,000 “wild card” exemption that can be used on any asset you own, including cash in... View More

2 Answers | Asked in Contracts for Maryland on
Q: What exactly is a contract?

In 2016 I got scholarship offers and one of which I took came with the condition I would have to work for the school board for two years after graduation or I would have to pay back everything they paid for. I was all onboard but at the time a lot of things was at play and now I cannot pay it back... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2019

Take the loan agreement to a lawyer to review. Being a minor at the time of signing may be a basis to walk away. There may be other ways as well.

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1 Answer | Asked in Banking, Consumer Law and Contracts for Maryland on
Q: Do I need a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 19, 2019

Your question involves at least two areas of commercial law in this state-- interest rates and lender licensing.

Maryland's laws on lending and usury (maximum interest) are a bit complicated. The legal rate of interest in this state is 6%. To charge more, you must fit within an...
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2 Answers | Asked in Contracts and Collections for Maryland on
Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 13, 2019

Unless you are omitting salient facts the answer is no. Challenge it.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Maryland on
Q: Can I force a partner out of a partnership LLC with no operations agreement, for not putting in enough time?

We are a cabinet manufacturer. We are attempting to be a women owned business that was created last year. We have not sold any work as of yet. We do have equipment we are paying for. The shop is located on my property, and everything is in my name. If I am not able to force them out, can I... View More

Mark Oakley
Mark Oakley
answered on Jun 11, 2019

You can withdraw from the company, boot it out of your home, and demand liquidation of the assets, and either pay your co-owner their fair share of the costs they expended on the equipment, or otherwise buy out out the equipment. Meantime, start a new LLC and begin cabinet making under a new... View More

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on
Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... View More

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity....
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2 Answers | Asked in Contracts for Maryland on
Q: . As is purchase ,but in an addendum on contract states owner to have water and elec for inspection.

Going to closing soon .Should I ask for compensation ? As I have to pay to have water and electric turned on .201k loan .I am the purchaser, ower did not cut on utilities Ill have to pay. It is a 201k .and part of my loan I go to closing soon .should I (buyer) ask for compensation.

Mark Oakley
Mark Oakley
answered on May 9, 2019

If you signed an addendum agreeing to have utilities on, and did not provide for being reimbursed for cost, you bear the cost. Read the addendum. If it’s your obligation to provide power and water, you either do it or risk breaching the contract and giving the buyer the option of declaring the... View More

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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I did side work (bookkeeping) without a contract and I'm terminating them. What's the best way to protect myself?

One owner requested I do things that, although are non-reportable but are wrong per the IRS, I won't agree so I'm ceasing the relationship with a termination letter. How do I best word it to protect myself?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 23, 2019

Unless you have a written contract with the company (or person) that says otherwise, you do not have to tell them any reason why you feel the need to terminate the relationship. Therefore, IMPO you should keep your letter of resignation as short as possible, making very sure not to say anything... View More

1 Answer | Asked in Contracts for Maryland on
Q: Can a trustee of a church that is incorporated be replaced without his consent ?

In 1990 the trustee of a church purchased 5.4 acres of land currently valued at close to one million dollars. In 2000 the trustee was removed without his consent. In 2006 a quitclaim was entered by the removed trustee transferring ownership to the new trustee, again without his consent. Was... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2019

The trust instrument generally provides for the grounds and mechanisms of removing a trustee, plus there are statutory provisions that also apply in certain circumstances. Whether removal was done properly would require a review of the trust and circumstances of removal. However, the time to... View More

1 Answer | Asked in Contracts and Family Law for Maryland on
Q: If a Principal is violating Court Orders, can her POA violate them too on her behalf?

1. The Principal signed a Marital Separation Agreement incorporated into a Judgment for Absolute Divorce signed by the Principal, Magistrate, and Judge.

2. The Principal failed to cooperate in the execution of these Court Orders against the advice of her former attorney so a Contempt of... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2019

The contempt is against the principal, not the agent, unless the principal is mentally incompetent.

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?

Lease is one year with automatic renewal.

Mark Oakley
Mark Oakley
answered on Jan 10, 2019

No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent... View More

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1 Answer | Asked in Consumer Law, Contracts and Business Law for Maryland on
Q: I paid a contractor for home repair services and he declared bankruptcy. What laws do I cite in an MHIC hearing?

The contractor promised to perform repair and renovation services promptly and failed to do so. After completing only the demolition portion of a major project, he declared personal and business bankruptcy. He owes 89 creditors over $1M. DLLR has referred the case to the Office of Administrative... View More

Mark Oakley
Mark Oakley
answered on Dec 27, 2018

You really need to talk to a lawyer. Your question is too broad and general to allow an answer in the space available. I assume you have made a claim against the Guaranty Fund. You need to prove your monetary damages using one of the three formulas allowed under the statute and regulations, and... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 7, 2018

The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

1 Answer | Asked in Small Claims and Contracts for Maryland on
Q: Buying a car with lien

I want to buy a car - 7,500$. It has lien on it -6,500$. Seller says- when I pay him off, he will pay off his bank, will get the original title (now Bank has the ORIGINAL title and the seller has DUPLICATE title) and will give it to me. So, he will take couple of weeks after I pay him off to give... View More

Mark Oakley
Mark Oakley
answered on Nov 23, 2018

You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and White Collar Crime for Maryland on
Q: Can I file suit against the buyer's agent, buyer, and or buyer's lender of my home for breach of contract?

On 10/22/18, the prospective buyer of my home in Maryland signed a contract to purchase and I countersigned that contract on 10/23/18 with a closing date of 11/16/18. I simultaneously had a contract to purchase a home in Colorado with a closing date of 11/16/18 however, the contract to purchase... View More

Mark Oakley
Mark Oakley
answered on Nov 22, 2018

You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can I sue myself in Maryland for auto property damage liability? Details below.

I have two cars insured under two different auto policies. Both policies are with the same company. I was backing out of my driveway (car #1) and rear-ended the other car (car #2). I own both cars. There was minor damage to the car I was driving (#1) and I am not making a claim on that one.... View More

Mark Oakley
Mark Oakley
answered on Nov 8, 2018

The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance... View More

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