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Lawrence Roger Holzman

Lawrence Holzman’s Answers

388 total


  • $800 traffic ticket on learners permit w/o supervised licensed driver for driving around a vehicle into oncoming traffic .

    On July 7 , I was pulled over for driving around a vehicle into oncoming traffic on a learner permit and was given an $800 citation . The only other moving violation I have is from a few month back which was a $80 speeding ticket which I paid .aft...

    Lawrence’s Answer

    You REALLY REALLY need to get an attorney. You have plenty of time to do so. Start making some calls today. Plenty of the lawyers right here on AVVO will be available to talk to you today and meet with you in time for s hearing that's on Oct 9.

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  • How should I best structure selling a 50% stake in a rental property I currently own to another investor?

    Currently own a rental property an am interested in selling a portion of the property (50%) to an investor. How would I best handle this from a legal and tax perspective? Cost basis for the entire property is ~$300k and I'm selling 50% for $135k.

    Lawrence’s Answer

    Two things. First, whatever you do you need to have a carefully thought out agreement as to how this business arrangement is going to work on many levels. How will profits and expenses bc shared? What happens when one person wants out? Etc. Do NOT simply sell hand if the property! Second, depending on how you set it up, you could wind up recognizing capital gains on the transaction. On the other hand, if you form acirporate entity of some type and one person contributes money and the other contributes property you could delay that (by effectively not taking money now(.

    There are a myriad of possibilities depending on your goals and needs. This is one where there just won't be a shortcut. You need to sit down w an attorney and make a and execute a plan.

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  • My employer put a felony Charge and later it was with drawn, he didn't pay my salary or over time and I found proof

    can i file a charge against him

    Lawrence’s Answer

    If your employer failed to pay your, then you have a claim against him. In Maryland an employer who fails to pay wages as and when due can wind up being hit with triple damages plus attorneys' fees. You should chat with an attorney who does this type of stuff. In my experience, most employers decide to settle these cases quickly because there just isn't any defense as long as the hours worked can be shown.

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  • Chapter 7 bankruptcy and privacy

    I think famous people can seal court cases to protect their privacy? Can a nom-famous person seal a bankruptcy case to protect their privacy?

    Lawrence’s Answer

    Well, the first thing is that your premise is incorrect. Famous people do not get special privileges in this regard. Just search the internet and you will find all kinds of things about famous people that win up in public records -- especially the divorce cases. Generally, you won't be able to seal information without filing a motion and stating a really good reason (e.g. to protect identities of minor children, trade-secrets, etc.)

    You have filed this in the "bankruptcy" section -- if you're wanting to seal in order to protect the "privacy" of the information that you put in your bankruptcy petition and schedules, i will tell you that it would be extremely unlikely that such would be granted. If you're trying to seal the whole case so that nobody can tell you filed bankruptcy, well that would be counter-productive. The benefit you get out of filing bankruptcy is that the world knows you are discharged from your debts -- if it's sealed then nobody would know that and your creditors through local courts would all still be pursuing you.

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  • Wrongful termination?

    I put in a months notice at the restaurant I manage at because of a recent disability I'm going to physical therapy for. The end of the first week in my gm takes me off of the managers schedule and says I can serve shorter shifts until I find some...

    Lawrence’s Answer

    Hmmm.. you most likely would have been entitled to take leave under the Family Medical Leave Act given the circumstances. As such, your notice triggers obligations under the FMLA for your employer. If you are saying that your employer cut your hours because you essentially expressed an event triggering obligations under the FMLA your employer may have violated the law if your pay was cut.

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  • Can I take a car rental agency to small claims court.

    My husband mistakenly turned in our personal keys attached to the rental vehicle keys. He went back to the rental agency the next day - however they stated that they had already rented the vehicle to another customer, with the keys attached, but t...

    Lawrence’s Answer

    Unfortunately when you accidentally give your stuff to somebody they don't automatically become responsible for it. It's as if you lost the stuff.

    From a customer service perspective you may find that writing a detailed complaint about their handling of things directly to the national company might help. I agree with the other attorneys that filing small claims will be time consuming for you, but it could very well be that they make you a deal rather than pay an attorney to go to court. I disagree with the others about out of pocket costs. The filing fee is relatively small in md Dist court. You should not require a process server for a corporation. Look up the name of their resident agent on the SDAT website. Then have the court serve the resident agent by certified nail. It adds about $10.00 to the cost. Your bigger problem will be figuring out who to sue. When you go to SDAT u head its enterprise you're going to find dozens of corporations with similar names listed. Try to find one with he address of the location you rented from or use the national corporation. Most if the car rental companies are franchises. So they are separate companies.

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  • Can the seller be held liable for problems that arise with the home even though the home passed inspection by their inspector?

    Nine months after selling my home I am contacted by a mediator who tells me the new owner wants a meeting to discuss issues with the home. I told the mediator that the home was inspected by an inspector of her choosing and she said the new homeown...

    Lawrence’s Answer

    You are going to want to get some legal advice about your particular facts. The standard real estate contracts used by the boards of realtors are very complicated -- and they can vary widely with regard to things like the warranties that you make. Importantly, the fact that the buyer had an inspector does NOT relieve you of liability if there were latent defects or things that the inspector didn't see or uncover. Generally, those inspections are so limited in scope that the only thing they're really good for is setting up a scope of problems that WERE identified. They offer virtually no comfort regarding defects that were not identified.

    Having said that, there really is no short-cut here. It IS in your interest to participate in the mediation (which is non-binding) and may lead to a resolution that is less disruptive and costly than litigation. I've been involved in these kind of warranty litigation cases where they go on for long periods of time and cost a lot of money. You need to get out ahead of that in your planning and approach and make wise business / legal decisions about how to proceed.

    It is unfortunate to be dealing with this after the sale, but whatever you do, you will need to have to an attorney help with this one.

    Larry Holzman

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  • We have buyers that have backed out of buying our house on day of settlement. What is our recourse? We live in Maryland.

    We live in Cecil County MD Buyers stated they didn't want to go through with purchase of our home 2 hours after settlement was to take place.

    Lawrence’s Answer

    First, you generally get to keep the earnest money deposit. Second, you sell the house and if you can't sell if for the as much or more, then you can go after the purchaser for the difference in price. But, if it does sell for the same or more (net of the added expenses you might incur to get it sold) then your remedy is that you keep the earnest money deposit and move on with life.

    You probably want to talk to a lawyer about your specific facts and the language of your sales contract, because everything I've just said could be different if your contract says otherwise.

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  • Do I need a civil lawyer or real estate attorney

    My daughter and boyfriend bought a house last year they are breaking up. They are battling over the house. They owe $130 on it and appraisal for $220, my daughter wants $25,000 and she will be done . He said no. Should she just take him to court

    Lawrence’s Answer

    Your daughter needs to speak to an attorney right away. It sounds like she's entitled to more than $25k.... And she has very strong options including the filing of a complaint for sale in lieu of partition.

    In the past I've seen these cases get resolved relatively quickly once a lawyer is involved to Moring reality to the other side.

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  • Need Real Estate Attorney Consultation for New Home Purchase Contract - Can we get out of this contract

    On 6/16, we made offer to purchase a new home with builder and gave check for $20k. We withdrew our offer within the 5 days period although check cashed before. on 7/2 , Sales Rep made husband new offer which he accepted and signed by himself ...

    Lawrence’s Answer

    You really need to contact an attorney who can review the exact contract language. Your rights generally speaking will arise from the contract, which is s complicated document, and from various consumer protection laws. It sounds like you need a detailed analysis of your options and probably need an attorney to take over the negotiations.

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