Maryland Real Estate Legal Questions

I recommend contacting a Real Estate attorney to help dissolve the Home Owners Association.  Doing this with Counsel may make the process go by faster. You need to consider reaching out to local elected officials to see if they will accept the community associations land but they will probably only do it if there is something in it for them.  Having a lawyer to speak and negotiate with them would be great. What County is this community located in?... Read More

You can consider contacting an attorney to send your landlord a demand letter to fix the property.  Your landlord may take the issue more seriously once they see you have an attorney.  I have written more on demand letters and their effectiveness in landlord-tenant cases here: https://tpf.legal/demand-letter Another option you may have is to contact your local Code Enforcement.  Google (insert city or county here) residential code enforcement to find your local department.  Schedule an inspection to be done at your house, and they may cite your landlord if the violation is serious enough.  If your landlord does not fix the issue after being cited, they may be subjected to civil or criminal penalties.... Read More

Assuming your private lender recorded the mortgage in the land record office of the county where the property is located, you must make certain that a release of that mortgage (or deed of trust) is filed so the world will know that you don't owe the money any more.  Nightmares happen when the person to whom you owed the money dies, and no one can be sure that you really paid off the debt.  Then you have to go to court and convince a judge you don't owe the money.  Better to be extra careful and get a release and get it recorded immediately after you pay off any debt secured by land.... Read More

Yes, this can be done, but the more important question to answer is "should it be done?" You might consider:   How much equity is in the house? How strong is your relationship with your boyfriend? Do you intend to get married? Do you have joint debts with him now or might you incur joint debts in the future? Do you intend to give him outright ownership of one half of the equity with no payment by him to you? What are your intentions with regard to the property if you break up? Do you each have a will or a power of attorney?   There are more issues and you should consult with a lawyer versed in real estate, family law, and estate planning before changing title.... Read More

Your set of question about a commercial rental listing for a religious organization for a zone that prohibits religious services raises a number of important issues that may be of broad general interest to readers of this site. There are so many issues here, though, it is hard to pick where to begin ... On commissions, very broadly, a broker earns a commission when he finds a "ready, willing and able" buyer. One question therefore is whether this potential tenant was "able" for this location. Besides the case law, statutory law can influence broker fees cases, as can the language of contractual agreements. In real estate deals, there can be multiple contracts that reference brokerage fees, not always with the same language and not always with the same parties signing each agreement. There are zoning issues, such as whether Howard County has exceptions/variances/text amendments. etc. and how hard or expensive or time consuming it might be to meet one of those exceptions. There are contract issues, such as what the potential tenant signed about receipt of disclosure about the zoning code, what they actually knew and what the other parties to the various contracts knew and disclosed, both (1) about the zoning law itself, and (2) about the tenant's plans as a religious organization. The number of other factors that might intervene are too numerous to list. 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 defects in a house sold in a residential real estate contract 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. One of the first documents your Maryland lawyer will want to review is your real estate contract. Many realtors across Maryland use their county or regional board of realtors form contract. For example, in Montgomery County, the county board of realtors contract has a clause that requires the seller to check one of two boxes: generally, the first box is that the seller has disclosed all defects; generally, the second is that the seller will not make any representations about any defects. If you were in Montgomery County, and you used that contract, and if you checked the first box, and there were no addendums, generally, you would be liable to pay for the HVAC if it were defective before the buyers received title. I can imagine quirky scenarios that would change that analysis. There are plenty of contracts executed that are privately drawn up or otherwise do not follow the exact language of the Montgomery County version where a seller that (a judge or jury would believe after an expensive trial) did not know of the HVAC defect might not be liable for the cost of repair. In Montgomery County, for example, if you checked the second box, then, generally, you would not be liable to pay for the repair. However, there are also defects that a court might conclude were inherently unsafe, like an HVAC that could explode, and therefore that a court might conclude that would have to be disclosed no matter the contract. Even if you did not actually know of a dangerous defect, a court could conclude based on some factual scenarios that you "should have known" of the dangerous defect and therefore should have investigated the defect before offering to sell. There could be factual scenarios where the Buyer knew of defects to the and therefore where a court might say it was "inequitable" or unfair to enforce the provision. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. 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

Wow! Your question about a broken sewer line backing up into your home just sold to you in a flipped residential real estate contract 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 contract breach issues in Maryland and D.C. for over 20 years. One of the first documents your Maryland lawyer will want to review is your real estate contract. Many realtors across Maryland use their county or regional board of realtors form contract. For example, in Montgomery County, the county board of realtors contract has a clause that requires the seller to check one of two boxes: generally, the first box is that the seller has disclosed all defects; generally, the second is that the seller will not make any representations about any defects. If the Buyer were in Montgomery County, and the parties used that contract, and if the seller checked the first box, and there were no addendums, generally, lack of knowledge by the Seller would not be a defense as to a defect in the house’s plumbing if the house’s plumbing was defective before the buyer received title. I can imagine scenarios that would change that analysis. What if the defect is in off-site plumbing? There are plenty of contracts executed that are privately drawn up or otherwise do not follow the exact language of the Montgomery County version where a seller -- that did not know of the plumbing defect -- might not be liable for the cost of repair. However, there are also defects that a court might conclude were inherently unsafe, like a plumbing problem that exposed occupants to toxic raw sewage. A court might conclude that had to be disclosed no matter the contract or the level of the Seller’s knowledge. There could be factual scenarios where the Buyer knew in advance of defects to the plumbing and therefore where a court might say it was "inequitable" to let a Buyer win. Has the sewage rendered the property uninhabitable, temporarily or permanently/ There could be a health risk for the current occupants that also decreased the resale value of the property. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. 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 the mortgage company refusing to speak to you when you are on the title 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 real estate issues in Maryland and D.C. for over 20 years. You indicate you have been on the title since it was purchased. I am assuming that means that you  are listed on the deed for the property and that the deed has been recorded in the land records of the county where the property is located. If so, any lender and any other third party interested in the property has what is called “record notice” of all ownership interests properly listed in the land records. You indicate that the mortgage was in your mother’s name only. The lender who did that mortgage may have made an error. One of the problems of the real estate “bust” was that some lenders did not adequately research who was on the title in the land records when they issued loans. Some lenders sometimes did not require that every owner on every title. That means sometimes the lender’s lien on a piece of real property that is supposed to secure their loan is at risk of being found not to actually give them a lien on that property because they failed to get every owner to sign. Sometimes, the imperfect lien gives the lender at least a lien on the part of the property owned by the person(s) signing the mortgage. You indicate that you are not the estate’s personal representative. The Personal Representative (PR) may need to look into the validity of the mortgage transferred to the current loan holder. Under estate law, different parts of the estate may need to go to pay different claims. Commonly, a real property loan is established with a promissory note and a lien on property. If there is no lien on the property, the personal obligation on the promissory note would likely remain. The PR might then have to use different assets from the estate to pay a strictly person debt owed to the current holder of the promissory note. The lender’s counsel would likely speak with counsel for you once it was understood you were on the deed. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. 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

Under ordinary circumstances, a contract is a contract.  It binds the parties to the agreement.  If, however, your contract allows you to walk away if the inspection is unsatisfactory, I would think you could do that and recover your earnest money.  If, after the discovery of the problems, you entered into another agreement that indicated you would go through with the deal if certain remedies were put into place, you may have committed yourself -- particularly if the sellers have spent money to supposedly repaid the defects that you complained about.  I understand your hesitation now, particularly if you have asthma or similar conditions.  I also do not understand how the seller can expect you to pay $5,000 for a "small roof".  Seems to me that, if the roof needs repair or replacing in order to sell the place, it should be a seller cost.  You should confer with a good real estate lawyer in your area.  For a modes fee, you can get the guidance you need in addressing this major issue.  ... Read More

You do not say whether your niece lives in the home with you, or whether she is paying on a mortgage.  If you are occupying the property alone and she is not, she may feel that you are getting more benefits from the property than she is and that it would be unfair for you to expect such payments.  If she lives there with you, the situation would be different.  Bottom line, if neither of you is getting materially more benefit from the property than  the other, and you are paying more than half, then she should pay her share of the taxes.  But maybe she has no financial capacity to do so.  If you feel she has the capacity, and you are enjoying no more benefits from the ownership than she is, then you should consider selling the property and settling up such accounts as part of the sale.  If she refuses to do so, you should see a good real estate lawyer in your area and inquire about a "Sale for Division".  Most, if not all, States have a procedure in the law whereby the owner of a partial interest in realty can petition the court to sell the land and divide the proceeds if all the owners cannot agree to do so on their own.  The sale will almost certainly be by public auction.  There will be nothing to prevent you from bidding on the property.  Since you already own a half interest, you would have to produce only half the bid price. It's basically a procedure that allows you to purchase her interest if she will not agree to convey it to you herself.   ... Read More