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Maryland Contracts Questions & Answers
1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

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Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 19, 2018

An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is...
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1 Answer | Asked in Contracts for Maryland on
Q: If I have a lifetime warranty and the company changes hands and is reincorporated, is my warranty still valid?

The warranty is for basement waterproofing.

J. D. A.
J. D. A.
answered on Sep 27, 2018

Depends on what the contract (warranty) says about if it binds successors in interest.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 29, 2018

The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your...
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1 Answer | Asked in Contracts for Maryland on
Q: what is the penalty for holding a subcontractors payment past the 7 day limit
J. D. A.
J. D. A.
answered on Aug 29, 2018

The subcontractor could potentially sue, or claim whatever late fees are called for in the contract.

1 Answer | Asked in Contracts and Employment Law for Maryland on
Q: what is the statue of limitations for employment contracts where compensation is owed?

what is the amount you can sue for? Is it 3x the amount owed that is owed?

J. D. A.
J. D. A.
answered on Aug 15, 2018

The Maryland Wage Payment and Collection Law gives you 3 years to sue for unpaid earned wages or overtime. There is the potential (not guaranteed) for punitive damages up to 3 times the unpaid wages. If you truly had an employment contract, that might control whether you have the right to file... View More

1 Answer | Asked in Contracts for Maryland on
Q: 5 out 6 siblings agreed sale houseand sign a contract. Can investors sue if we change minds?

The six sibling is refusing to sell and we have a higher offer also. Is still legal contract even if my brother did not sign . The realtor is stating there is a legal contract because five out of six people signed. The house is in Florida

Mark Oakley
Mark Oakley
answered on Jul 31, 2018

You need to ask Florida counsel. It may also depend on how the property is titled. If all six siblings own as tenants in common, the the five siblings can each sell their one-sixth interest in the property, but not the one-sixth share owned by the one sibling who won’t sell. If owned as joint... View More

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: can a lawsuit brought against one LLC be expanded to include several separately formed LLCs?

i own several different LLCs formed to keep properties separated and protected from frivulous lawsuit s.can a lawsuit brought against the property owned by one LLC be expanded to include claims other separately formed LLCs as well?

Mark Oakley
Mark Oakley
answered on Jul 24, 2018

In general, no. The party suing would have to sue you personally, and survive dismissal based on the debt/claim not being your personal responsibility, and then attempt to "pierce the veil" of your separately owned LLC on the basis that the LLC is a sham and not legitimate, a pretty... View More

1 Answer | Asked in Business Law, Contracts and Patents (Intellectual Property) for Maryland on
Q: What can I do if I believe my idea from invention company was stolen?

Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 10, 2018

It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.

As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).

You need to take all the relevant documents to...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: i signed & sent in my new lease. They tell me it contained a mistake in the increase of rent.

If I don't agree to signing the corrected lease today they are going to treat me as a month to month & charge me a much higher amount. If it's their mistake shouldn't they have to honor their 1st offer which I submitted?

J. D. A.
J. D. A.
answered on Jun 28, 2018

The answer to this depends in part on what the lease says about when it becomes effective. If they made an offer (sent you the lease document with the rent per month), and you accepted the offer by signing and returning the lease, a binding contract was likely formed. But the lease or... View More

1 Answer | Asked in Contracts and Divorce for Maryland on
Q: Me being a pr do I have the right to inforce a separation agreement from the divorce of my mom
Mark Oakley
Mark Oakley
answered on May 16, 2018

It depends on the nature of the provision you are enforcing. Agreements relating to sale, transfer or other interests in property can be enforced, as well as judgments and monetary amounts due from unpaid support obligations. Consult a lawyer.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Maryland on
Q: What type of lawyer do I need?

was rented a unit in apartment complex with mold and water damages. son had seizure from it. they failed to inform me upon move in about the water damage. Only lived there for 3 weeks. Property manager refused to move us to new unit or put us in hotel. I have 2 small children who have medical... View More

Thomas Neary
Thomas Neary
answered on May 15, 2018

You are probably looking for a personal injury lawyer or a general litigator experienced with dealing with injury claims and insurance companies. The specific legal area for the mold portion is called toxic torts.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Maryland on
Q: Is a promissory note considered under seal? What's the difference in Maryland between private contract vs. promissory?

I have 9 student loans with Discover that are in default and need a legal definition of what my agreements actually are

Mark Oakley
Mark Oakley
answered on May 13, 2018

It’s only under seal if the word “seal” appears on the signature line. All that does is extend the statuteof limitations for suing in eventod a default from 3 years to 12 years. A promissory note is a contract. It’s a type of contract. It memorializes a monetary debt owed by the promissor... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Maryland on
Q: We settled on the sale of my moms house on 1/2/18. Signed all docs, collected funds and thought that was it.

UPDATE IN CAPS! About 4 weeks after the closing the settlement attorney called stating we owed an additional 5% transfer tax totaling $34k related to a rezoning in 1985. We had no idea AND THERE WAS NO WAY OF KNOWING SINCE THERE WAS NO LIEN, NO NOTICE, NO NOTATION OR ANY INDICATION THAT THERE WAS... View More

Mark Oakley
Mark Oakley
answered on Mar 9, 2018

The tax was imposed against the property in 1985, so you cannot blame the settlement company for the tax. As sellers, it is also your obligation to transfer the property free and clear of all past due taxes and liens, which having failed to do, you are in breach and the buyers can sue to rescind... View More

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Maryland on
Q: Hi, My husband and I are currently preparing to build a home on his family's farm. We need a contract made.

What needs to be included in the contract? Who can create the document? Where does it need to be filed?

Richard Sternberg
Richard Sternberg
answered on Feb 20, 2018

Assuming you are using a properly licensed and insured general contractor, start with the contract your chosen contractor provides. There are many, many of them, so don't believe any nonsense about form. Then, hire a lawyer to review the agreement before you sign anything or commit to that... View More

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1 Answer | Asked in Contracts for Maryland on
Q: Is the defendant required to serve a response to an order for default, to the plaintiff?
Mark Oakley
Mark Oakley
answered on Feb 17, 2018

Whenever any party to a lawsuit files anything with the court, they are supposed to mail or serve a copy of it to each other party. Further, the procedural rules require that each filing contain a “certificate of service” separately signed by the filing party certifying that a copy was mailed... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Maryland on
Q: Company A has sued me for breach of a verbal employment contract, but has now admitted in deposition that

I was an independent contractor, not an employee,. They are trying to establish a non-existent fiduciary relationship. Facts sufficient for summary judgement?

Mark Oakley
Mark Oakley
answered on Feb 14, 2018

Perhaps. There is a common law duty of loyalty in the absence of a specific employment contract term, but in the context of an independent contractor that may be very limited if not legally nonexistent. There may be specific facts in your case that change any analysis, so meet with a lawyer to... View More

1 Answer | Asked in Contracts for Maryland on
Q: Is this a valid contract? Do I have to accept the cards and brochures?

I ordered cards and brochures totaling $1,800 from an online broker however I had given no formal acceptance or written correspondence to the company before they shipped them to me. I made the inquiry as a potential owner to a business as my business is not an official entity as of yet. Do I have... View More

Mark Oakley
Mark Oakley
answered on Feb 10, 2018

Your question is confusing. You state you “ordered” the brochures and cards. That means you made an offer and they accepted your offer and acted on it. Assuming you were aware of the price for what you ordered, then a valid contract was formed. You now owe the money. If you never agreed to the... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Can a clinical social worker/ Theripist request payment by phone and refuse to give me invoice before payment?

A Theripist is claiming I have to pay with my credit card by today by phone or she is sending to collection but will only give me invoice after I pay? She just txt dollar amount? She is real I met her 4 sessions. She is going about this unprofessional one days notice threatening to send to... View More

Bennett James Wills
Bennett James Wills
answered on Feb 6, 2018

Seems strange. Why don't you call the primary office where this person works to determine if it is real and not a scam?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: Can I enforce ‘no smoking’ in my condo if I only mentioned ‘no smoking’ in the MLS and not the lease?

My rented condominium was marketed in the MLS as a no smoking unit, but I forgot to add ‘no smoking’ clause to the lease.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 6, 2018

An attorney cannot realistically answer a question about enforcing terms against a tenant without looking at the lease in question. Some leases make mention that a tenant needs to abide by posted rules, while others may be silent on the topic.

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My rental office increased my rent midway through my 12 month lease without giving me 30 days until the next month.

Then asked me to sign a new lease.. I went to the rental office to sign she wasn't there a fill in person was there who called her and she didn't have the paperwork printed up and said she would leave it on my door to sign and return. I work alot so I had not gotten a chance to return in... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 29, 2018

I strongly encourage you to consult with someone who can look over the lease at issue. Generally a landlord will have no right to increase rent in the middle of a lease term. You may wish to call the Landlord-Tenant hotline at Baltimore Neighborhoods Inc. (a non-profit that answers... View More

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