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Lawrence Roger Holzman

Lawrence Holzman’s Answers

384 total


  • 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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  • I missed a court date for a traffic ticket should I be worried about anything?

    Traffic ticket

    Lawrence’s Answer

    Yes. You are a "fail to appear". Bench warrant if issued will mean getting taken to jail if you run across police at any other occasion. You should go talk to an attorney. You may be able chuck the status on the maryland judicuary case search web site. If you see warrant you should be able to go pay the fine as bail at district court and then come to court. But talk to a lawyer. Some offenses will require that you turn yourself in and be processed. (I.e arrested and then taken to commissioner for bail).

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  • Best lawyer to sue for botched contracting job? And he had no liscence. I am sueing for over 10,000.00.

    Mr. Philmore Green was the contractor. He said he worked with P&G contractors. They no longer exsist. Now I have to sue Mr. Green personally. I had to have another contractor come in because my house was almost unliveable. I feel as though Mr. Gre...

    Lawrence’s Answer

    No license cases are particular beasts. Generally speaking you get to recover regardless of whether this job was botched. You are entitled to get your money back. PLUS, you can get damages for the actual harm done and costs of repair.

    But you need to present things correctly. I've been on both sides of this fence for clients over the years and a slick attorney can make it tough to recover if you don't move correctly.

    You also may have the option of letting the home improvement commission go after them for you. But you really should contact an attorney about your specific facts before you make any decisions on how to proceed.

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  • Employer unable to Pay for Overtime

    Hi, I own a small homecare agency. I send my employees to clients home to assist them with personal care needs. My company get paid by Medicaid and unfortunately the pay is not enough to pay overtime to my staffs. I have staffs who want to work ov...

    Lawrence’s Answer

    DO NOT allow them to work OT without paying them. If you have more work hire new prople part time instead.

    I have litigated these cases on both sides of the fence. You are NOT allowed to work them more than 40 hours without paying OT. crying poverty doesn't change the law.

    You will regret it if you do as they ask.

    There may be some other strategies you can employ. You should consult with an attorney about that.

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  • What course of action do i have with a car accident that wasn't my sister's fault?

    My sister had a car accident and it was determine it was the other driver's fault but apparently the police officer's police report is missing or wasn't file this was 2 weeks ago and still nothing. Her insurance is refusing to pay for her medical ...

    Lawrence’s Answer

    Your sister needs to talk to an attorney right away. Sometimes it takes a little time for the police report to get filed. But, that shouldn't stop things. If she has health insurance, she should use it --- worry about the accident stuff later. As a practical matter you've got to worry about health first. The bills can get paid later when the insurance issues are sorted out.

    The auto insurance carrier isn't going to just pay the medical bills the same way as your health insurance company. Her own auto policy probably has a PIP coverage component which should cover at least $2,500 of the bills. She can just ask her ins company about that.

    Ultimately, the other driver's ins will have to pay the rest of the bills, but that just doesn't happen up-front.

    Call a personal injury litigator near you right away and get the process started.

    Larry

    Lawrence R. Holzman
    The Holzman Law Firm, LLC
    8955 Edmonston Road, Suite B
    Greenbelt, MD 20770
    (301) 876-4393

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