Maryland Real Estate Law Questions & Answers
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... Read more »
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 Md... Read more »
Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession
Maryland Maryland
Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.
Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?
We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »
You need to review the facts with a lawyer, but the law does not prevent someone from selling a home with problems such as mold. By listing a home "as is" and selling it without concealing the facts, a seller can seek a buyer who wishes to undertake a repair project or a renovation. The mistake... Read more »
Q: as tenant is common are closing checks issued seperately for the %
I'm on deed with sister but not on mortgage
She lives in house, I do not. Her % is 75, mine 25%
at closing how ill funds be distributed?
Thank you
Call the settlement office and ask. If you don’t agree with their answer, review it with your lawyer prior to closing.
Q: Does a seller have to complete and provide a property disclosure form for a renovated home that they did not reside in?
Yes. Of course, the seller can also disclaim knowledge of anything by stating "as-is." The question as to actual knowledge of latent defects is the most important, however.
Q: I think seller knowingly sold me a property that may have foundation or leaking basement problems
I just purchased my first home two months ago. I began to notice signs of water leaking into the basement after heavy rain storms. I think the seller was aware of issues and tried to hide it. Is there anything I can do or can be done?
You need to retain counsel for a review of the contract and the inspection(s). If there is evidence of a misrepresentation in the disclosures about the property or a latent defect known to the owner and concealed from the buyer, you may have a cause of action including punitive damages and... Read more »
Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.
This sounds very similar to another question recently asked on this forum.
A borrower has no interest in property by being on a mortgage, they only have an obligation. That borrower cannot typically remove themselves from the obligation unless the other owner refinances, pays off or... Read more »
Q: Can a primary borrower divest all interest in a property when they are not on the deed?
If you are not on the deed, then you don't have an interest in the real property. You can remain liable for the loan if you have signed the promissory note or deed of trust as a borrower/guarantor.
Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.
Yes, but only by paying off the mortgage or getting the lender’s consent to a novation. I’m a little confused by your question, but you seem to be asking if you can co-sign a loan note and then be relieved of liability without paying off the note because you aren’t on the deed. Isn’t that... Read more »
Q: Is there a difference between water quality inspection and a well inspection?
Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop
When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".
Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?
if they don't pass inspection? or are these addendum's that are put into an offer?
This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is... Read more »
Q: Is a HOA responsible for cutting tree limbs hanging over owners property, where tree is on HOA property?
It depends what your HOA covenants, declarations, rules, and, sometimes, subsequent carried motions say about the issue. It is very important to read and understand them. A lawyer can help you do that.
Q: Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.
Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »
There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if... Read more »
Q: Is it worth pursuing a buyer who defaulted on a residential sale 2 days before closing after removing all contingencies?
Our buyer unexpectedly presented us with a unilateral termination as we were preparing to close.
- we met all deadlines including original closing date
- we agreed to and completed over $5k in repairs (our agent coordinated with the contractor to pay out of proceeds)
- the... Read more »
You should get a contract review to determine the damages available under your contract. In some, the damages are limited to the earnest money deposit and moat of that goes to the realtor. In others, you can force performance or collect substantial damages. The contracts are not all the same, and... Read more »
Q: Hello. We terminated our contract with previous realtor. Within the extension time of 180 days for that contract...
...we have an offer with a second realtor. Will they share the 5% commission?
You need to review the listing agreement. The current standard MAR contract included a clause that eliminated the commission claim of the prior realtor once a replacement realtor was signed as agent. Another form I recall seeing only applied that after the term of the original listing contract... Read more »
Q: how does a lender handle supplementary tax at closing on a new constructio
I am in Charles County Md
Your Realtor will explain this to you.
Q: I have had a mice problem with my apartment. I would like my rent refunded. I have asthma.
I have asked for my apartment to be mice free. It has taken them three exterminator visits, they have had to fill in three holes in my unit. They have found mice excrement, that is the exterminator found this. I was denied having my floors cleaned by the onsite manager, I had to call the... Read more »
An online post won't be able to offer specific legal advice, but when conditions in a rental rise to the level of a serious hazard jeopardizing health or safety, Maryland law offers the option of rent escrow. Not every nuisance rises to the level of hazard and it is a very case-by-case analysis.... Read more »
Q: After a rate lock expires are you required to extend or can the current mortgage rate be used?
Under normal circumstances no one can force a borrower to get a rate lock or even to stay with a particular lender. The rate lock offers protection to a potential borrower, so it is entirely up to them. Now a lender may have its own rules about how long its approval is good for, and one might... Read more »
Q: My house shares a chimney&both sides need to be fixed to correct water leak the other house is rental & no contact info
I have no correct contact info for the rental property company / owner. The chimney company says I can just get my side fixed but that will NOT solve the problem of the water leaking and they won't be able to guarantee the work just the materials. What is my recourse? If I pay to have the whole... Read more »
It seems weird to me that you can't track down the owner of the other property to resolve this. The name of the record owner is a matter of public record both at the Recorder of Deeds and, less accurately, at the State Department of Assessments and Taxation. Then, running a search on the Internet... Read more »
Q: In case adult child added to house deed, should he/she pay taxes on house?
There is no legal requirement for all owners named in the deed to pay all or any portion of the real estate taxes. On the other hand, there is no reason why all owners should not share in the tax burden either.
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.
