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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Maryland on
Q: I am a new real estate agent serving Maryland. Is the use of the word “Realty” prohibited in my business name?

I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.

As advised I’ve created an LLC (Carla Clemente Realty)... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 26, 2023

Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.

You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management
Richard Sternberg
Richard Sternberg
answered on May 20, 2023

While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More

1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: If a land parcel is owned by the same parties equally but a portion is held in a llc and other held as individuals.

Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?

Mark Oakley
Mark Oakley
answered on May 8, 2023

The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I get my daughter’s name removed quickly from a house we own jointly? Daughter in agreement. No Mortgage
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 29, 2023

This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.

I agree that a real...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Daniel Staeven
Daniel Staeven
answered on Mar 17, 2023

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

There is a legal right in federal law that allows active military personnel to terminate a lease early when they have been given orders to relocate or deploy for duty outside of the area where the premises are located. That obligates the landlord to release the military tenant from the lease and... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: dose property have to be registered at the county clerk by persons who clams to own property and title at county record.

I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2023

Yes, property deeds showing ownership are filed "registered" with the Land Records in the Circuit Court of each county. Clerks generally do not do any research to verify ownership. A title search would verify who owns a particular property. (Property owned by an entity may be more... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: dose property have to be registered at the county clerk by persons who clams to own property and title at county record.

I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

I know of no lawyers and, indeed, no title agents, who would check title themselves. Sure, most lawyers were taught how to do it in law school, and it's somewhat misleadingly available on the Internet for most states, but the correct answer remains to order a title search from a title... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Can I sue my leasing office (maryland) for waiting over 4 hours for a clogged toilet?

I waited for hours and the lady from the maintenance kept hanging up on me when I called for updates.

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

First off, let me quote my late, old professor of Business Law back at Penn. "Of course, they can sue. Any idiot can sue. All it takes is a pen, paper, and the filing fee … and on occasion a crayon is substituted for the pen. The question you are trying to ask is whether you can win."... View More

2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 27, 2023

Maryland inheritance tax is based on the relationship of the giver to the recipient, and is not tied to other death taxes, so on a $20M estate this could be $2M, $0 or nearly anything in between. (And if the tax is paid "outside" of the gift, Maryland will "tax the tax" and... View More

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2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Mark Oakley
Mark Oakley
answered on Feb 26, 2023

Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More

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2 Answers | Asked in Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Mark Oakley
Mark Oakley
answered on Feb 23, 2023

Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: There are trees growing on the property line. The tree's branches have been encroaching toward my deck.

Squirrels have been using the branches to drop onto and and leap from my deck. Extensive chewing of the deck rails requires repairs over $1,000 and is leading to instability of the deck. The base of the trees are on the 10' utility easement and within the 5' HOA easement. I want the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 16, 2023

The way to know your responsibilities as well as your neighbors' and the HOA's is to review the deed, survey, and the HOA Declarations and other documents. Any shortcut of that is unreliable. Generally, however, your deed rises to the FAA overflight limitation and down to the core of the... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... View More

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

It is unclear, but your question suggests you are the landlord. If this is a residential property, it is your responsibility to eradicate the rats. A residential tenant can start a rent escrow action in District Court to compel the landlord to deal with the issue, or terminate the lease if the... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Do offers that were made but not accepted on real property need to be maintained for 5 years in the state of Maryland?
Mark Oakley
Mark Oakley
answered on Dec 18, 2022

The records retention law applies to licensed real estate professionals in Maryland only, not to non-licensed professionals. A real estate licensee has to keep all records for a minimum of five years after closing for a property that has been sold; or, if the listing expires or the property is not... View More

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

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