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Bennett James Wills
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Bennett Wills’s Answers

2,209 total


  • 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.

    Bennett’s Answer

    You resell the house. If you sell the house for less than what they bargained for, then you could sue for the difference. Plus any costs or fees associated with the contract at closing that the buyer breached.

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  • Can a LL have members from their maintenance staff enter my apt to confirm man power needed to evict me for unpaid rent?

    I was late on my rent but no court date was set. Although I have since paid the rent, I thought it was illegal for the landlord to send me a letter indicating that a member of their maintenance team would be entering my apt to inspect it to determ...

    Bennett’s Answer

    A landlord or landlord's staff may enter with adequate notice to correct repairs to the premises. But they may not evict you or remove items from the property without a valid court order. If they entered, but did not take anything or otherwise bother you; you would not have a good actionable claim. It may be possible to allege breach of quiet enjoyment; but unless you suffered some sort of monetary damage, there would be no viable claim.

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  • I gave a contractor 1/2 of my deposit, but I found that he is not licensed. Can I get my money back? Can I sue him?

    I am doing a home renovation and I gave half of the renovation deposit to a man who I thought was a contractor but I found out that he is not licensed. I want my deposit back, but he is not answering his phone and I can't track him. I was under th...

    Bennett’s Answer

    You can start with filing a complaint with the MHIC. That usually does the trick - but it is not your exclusive remedy. You may also file suit against him for the return of your deposit. This is covered by the consumer protection act and numerous other laws for your protection.

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  • I took a business tenant to court. Won the injunction, got them out.

    They owe close to $12,000 in back rent. Should I take them to civil court?

    Bennett’s Answer

    If they owe you rent then why not sue them? If your claim is for $12,000.00 you would do best to hire an attorney because the rules of evidence apply and you want to be sure you present you claim correctly. Also, if you are a company you must use an attorney.

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  • Can a arbitration firm threaten you with a lawsuit?

    Got behind on my credit cards due to medical issues and a very high phone bill. One day i get a call from Goldstein & brock LLC wanting payment and telling me if i didnt give it to them that my case was in a pre litigation status. Can they threate...

    Bennett’s Answer

    If you have not paid your bills, then a firm can threaten to sue you and they can sue you.

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  • Can I be placed on child support if my childrens mother and I have an agreement on how our children wll be cared for?

    In 2013 the day of our child support meeting my children's mother and I came to a mutual agreement that the children ill be with me for 5 days every other weekend throughout the year. I am to provide care for them when they are with me and she wou...

    Bennett’s Answer

    A judge may override an agreement of child support if it is found to not be within the best interest of the children. Child support is intended to support the children and the income of the parties (and other additional factors) are applied to the support guidelines to calculate the support obligation.

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  • If someone leaves their vehicle (no insurance or registration )on your property can it be considered abandon can you donate it?

    the person has been contacted and made aware of this situation.

    Bennett’s Answer

    No. You cannot donate it. If you are in Baltimore City contact 311 for removal services.

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  • Does Child support modification reopened automatically every few years or does the plantiff half to request this?

    I have been in a custody order for 4 years now where I have to pay child support. Recently I did a judiciary case search and seen the case was reopened for child support modification by plaintiff. When the state of Maryland reopen the case and wo...

    Bennett’s Answer

    No case is automatically reopened. The Plaintiff must have filed for the modification. But you should have received some sort of notice from the court.

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  • I just found out that I had a judgment against me in 2011. I was never served with a Summon . Can I have this case reheard?

    My ex has dental services in 2008 and I did sign in the contract for as a responsible party for the teeth cleaning service. However, she went back and had some other services which has a bill of about $3500. The insurance paid half of it and the...

    Bennett’s Answer

    If you were not served with process you could file a motion to vacate. You must prove that you were not served, that you have a meritorious defense to the claim, that you acted in good faith and diligently at all time. Non-service is called an "irregularity" under the rules and you would do best to hire counsel to do this for you as it helps to plead these types of motions in certain ways.

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  • I signed a construction contract for a small deck over 2 years ago in Maryland. Did the contractor breach the contract?

    The contractor did some work but the railings on the deck are still not up and I can't use the deck. The contract I signed says "Failue of Contractor to timely complete the work shall not be considered defaut." Will the deck ever not be "timely" c...

    Bennett’s Answer

    If he is a licensed contractor the consumer protection act requires him to timely complete the project regardless of contract language. You may potentially have a case.

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