Maryland Contracts Legal Questions

Ultimately, the homeowner is resposnbile for having the proper permitting for any covered repair of consturiton in Frederick County.  Frederick City has its own permitting office as well. Normally, the written terms of a written contract control the performance of the parties to an agreement. However, if you agreed, even verbally, that the contractor would secure the permitting, there is a chance that you still may be able to argue that the unwritten terms be enfoced.  The verbal terms could be consdered what is know as parole evidence of an agreement between the parties and can be used agaisnt the contractor should the contractor's claims aginst you be ultimately litigated.  However, the contractor may be able to prevent such evidecne of an agreement relating to permitting from being considred should the contarct contain a merger clause.  Such a provison will normally state that the written terms contained in the contract are the entire agreement between the parties, therby preven ting any evidnce of any terms not actuall appearing in the contract from being considred. There are other avenues that you may use to apply preasure on the contractor to encourage settlement as well, and that list is too lenghty to discuss here.  Feel free to contact me, if you please, and i would be happy to review your agreement (contact) and discuss possible options  ... Read More

Ordinarily, in a Maryland court, a court clerk will be directed to send a letter to a defendant notifying him, her or it that a motion has been made to enter an order of default. The letter will invite the party to state a valid defense, if there is one, to the complaint and explain the reason for noncompliance with the Rules of court. Assuming that a default is actually entered by the court, the case will be set for a hearing and the Plaintiff will be permitted to offer ex parte proof of damages suffered. The defaulting party will not be permitted to contest the evidence of damage presented at the hearing. Until, a judgment is entered after that hearing, assessing the damages awarded by the court, there is nothing to collect. If and when an award of judgment has been entered, one may seek to collect by interrogatories to the judgment debtor about their assets and location in order to make attachments on the assets. In addition, an oral sworn statement may be taken of the debtor for the same purpose. The Rules of court control how and the circumstances under which collection efforts may be undertaked using court process. In addition, the post judgment rate of interest in Maryland is 10 percent. Though not highly complicated, you may need to retain a lawyer to assist or to tell you what you must do to comply with requirements governing collection on a judgment. ... Read More

Cancellation fees are not unusual, nor in most instances are they unlawful. You do not state whether you cancelled within 14 days of the surgery. You asked whether you had to pay the $900. Have you been asked to pay it. You certainly have no obligation to volunteer. The amount of the fee raises the question of whether the cancellation charge is a penalty unrelated to any cost incurred by the physician or surgery center. Ever were the charge deemed lawful, I would make every effort to negotiate a much lesser sum If you can achieve a substantial reduction, it would save you the cost of retaining counsel to defend a claim were they to file one. You might want to wait and let this claim, if one has been informally made, play out a little further. However, if suit has been filed, get advice from counsel promptly.... Read More

Yes, you can have a contract with your boyfriend providing virtually whatever you want - that you are to receive a certain percentage of the profits from any sale, that you have a right to live there rent free until sale, that you are giving your boyfriend this money as a loan which he must repay with interest, and the loan will be secured by a security interest in the new home, etc.  Just be sure that the contract that you agree to meets all the legal requirements of your state.  I don't know exactly what these would be, but for starters you should make sure that the contract is in writing, and that each of you sign and have your signatures notarized.  There may be additional requirements depending on the exact agreement you make, so make sure that you understand and comply with all the necessary formalities.... Read More

I'm not sure why you needed to file this document in Court, and it is possible, depending on what the circumstances are, that your time for doing so has passed.  However, this would have nothing to do with the notarization.  The validity of a notarization depends on when the document was notarized.  As long as the person notarizing the document was a proper notary at the time he/she notarized it, it shouldn't matter when you file it.... Read More

You are wise to consult with a lawyer regarding this transaction.  Before you submit anything in writing, particularly if it is prepared by a broker, you should understand:  what commitment you are making to the seller if he accepts your offer; each and every term of the transaction; and, as you correctly point out, what commitment you are making to the broker himself.  A experienced Maryland business attorney can assist.  I would be pleased to answer any more questions you might have if you would like to call me.   Good luck, Sean Morris The Morris Law Firm, LLC301.654.6570 ... Read More

Mr. Robins gives a very thorough answer regarding how contracts are generally interpreted and construed where these matters are resolved by a court in litigation.  Your takeaway should be that the answer to your question is largely "it all depends."  It all depends on:  the actual language of the contract; whether there in ambiguity in that langauge (as it appears there is); whether language in one part of the contract resolves the ambiguity as to who was the "purchaser"; whether there are any other communications between you and the other party (e.g. emails) that could resolve any ambiguity in that language; etc.  An experienced contract lawyer may be able to review the contract and assist you in resolving this dispute without litigation, which is nearly always the preferable outcome.  But, without reviewing the contract itself, it is impossible to determine how it would be interpreted.  Feel free to contact me directly if you have any further questions. Good luck,Sean Morris... Read More

I don't understand the basis for the dance school's claim that you should pay $x per week.  Do they claim that there is another agreement, written or oral, in which you agreed to make weekly payments?  Do they claim the agreement you have was a mistake?  Do they claim that you defrauded them in some way or that the agreement you have is not valid for some reason?  Absent some reason why the contract you have calling for payments of $105 per month is invalid, the dance school may be able (depending on the terms of the agreement) to cancel it, but they cannot compel you to pay more than that.... Read More

I believe you have some problems.  First, unless you got security for your loan (i.e. a lien on some property of his to secure repayment) I don't see how your agreement could "cover" a bankruptcy.  If the debtor is legitimately insolvent and files bankruptcy, and assuming there was no fraud in connection with the loan, his debt to you will be discharged and you, along with all other unsecured creditors, will only receive your pro rata share of whatever money can be raised by liquidating the debtor's assets, probably very little.  Also, 20% interest per month is usurious, probably in every state in America, and may invalidate the entire agreement, or, if not, at least the interest part of it.  I don't know the allowable interest rate in Maryland, but in New York it is only 16% PER YEAR (for individual debtors; 24% for corporations), nowhere near the more than 240% you are charging.... Read More

You are only entitled to the damages you sustained by reason of the photographer's breach, by your estimate 1/4 of the total price.  You also may be barred from suing by the statute of limitations.  I don't know what the limitations period on breach of contract is in Maryland, but in many states it is less than 5 years.  I don't know when the photographer's performance was due, i.e. when the breach occurred, but if that breach occurred longer ago than the limitations period, and you have no basis to extend the limitations period (in rare cases the limitations period may be tolled, or the defendant may be estopped from relying on it, for reasons too complicated to get into here) your suit will be dismissed.  If you sue in Maryland, you may not have to appear if you settle the case early.  However, if the defendant wishes to, he can almost certainly force you to appear in Maryland, for deposition and/or to testify at trial.  However, unless your conrract prohibits it, you may be able to sue in California, depending on whether the photographer has sufficient contacts with California to provide a California court with jurisdiction over him.  If the photographer has been dealing with you in California about this matter, it is entirely possible that his contacts with California will be deemed sufficient.... Read More

Your question about non-competition clauses raises a number of important issues that may be of broad general interest to readers of this site. I have been representing clients on both sides of these issues in Maryland and D.C. for over 20 years. Certain noncompete agreements and noncompetition clauses are still enforced in Maryland. However, the trend in the reported cases seems to be that the clauses must be ever more limited in scope in an ever broadening technological world. These cases are very fact specific. Very generally, the more unique the skill set of the employee, the more likely a court is to enforce such an agreement. For example, a group of workers at a nuclear power plant were considered in one case not to be sufficiently specialized to justify a very rigorous noncompetion agreement. Also, very generally, the courts are more likely to protect an employer's existing clients than a pool of potential customers in a geographical area. Also, the longer the term the employment agreement seeks and the bigger the geographical area, the less likely a court is to enforce the full territory or time period. Too broad a time period or territory can void an entire agreement. Your question does not address a number of related inquiries that commonly arise in these cases. For example, someone who is not a party to a contract who intentionally tries to get one party in a contract to break their contract with another party to that contract may be liable to that other party to the contract both for actual damages and for punitive damages. In your situation, a customer who got you to break your contract with your former employer (if the noncompetition agreement was otherwise enforceable) might be liable for "tortious interference" with that agreement in a suit by your former employer.  Of course, many other factors too long to list can also intervene that could alter the above. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Your question about a vehicle lease raises issues of contract law that may be of broad general interest to readers of this site. In car leases, even where a salesman has signed the contract, “management” may have to approve and sign off on the paperwork. When the consumer walks out of the dealership, even with keys in hand, the final agreement may or may not have been signed by someone with authority to sign for the dealership. That provides at least two alternatives. ALTERNATIVE ONE: In alternative one, the contract may not have been “formed”. The consumer may honestly think that the salesman’s signature is enough. However, the contract may provide somewhere in the terms -- maybe in small print or an attachment -- that an extra signature is required. Maybe a lender must also sign. In Maryland, as a general rule, a contract is not binding until whatever the agreement says is necessary to “form” the deal has been done. If a signature of “management” or required third party has not been obtained, then there may have been no contract formation and therefore no contract. If there is no contract, then the consumer would be in possession of the dealership’s vehicle. Without the consumer having the right to possess the vehicle, the dealership would have the right to demand return of its vehicle. Car rental companies often report cars as stolen when they are not timely returned. If the consumer does not have the right to possess the car, the police might well get involved on the dealer’s behalf. ALTERNATIVE TWO: In alternative two, the contract has been signed by all necessary parties. In alternative two, once the contract is binding, generally the consumer has the right to possess the car for the lease term so long as the consumer abides by all the terms. If the consumer has the right to possess the vehicle and the dealership reports the vehicle as stolen, the dealership might have liability, such as for filing a false police report and breach of contract. Fact specific cases usually require a trial to sort out. There is a body of law on “mistake” in contracts. Was the mistake fundamental and mutual or did one side make the mistake on their own? Depending on the court’s answer, the contract might be left alone, voided, or rewritten. This response is at best a general overview and does not cover all issues. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response, are designed for general information only. The information presented at this site should not be construed to be and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or by any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

If a contract states a specific means of cancelation, then that is the only method of cancelation.  Simply filing a BBB complaint would be insufficient to cancel the contract if that is not the method specified in the contract.  You should follow the contract specifically to cancel the contract, and contact an attorney who practices in consumer protection to determine if the gym breached any terms of the contract or any consumer protection laws. For more information visit my website at www.alsobrooklaw.com. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More