Legal Question in Real Estate Law in Maryland

I entered into an agreement with my lender to take back the house and pay me $5000 move out fee. In the agreement it states that I have to move out by April 30, 2009, which I did. The third clause of the agreement states that upon delivery of the property vacant and broom clean, lender will pay $5,000 within 5 days of aforementioned condition. The fact that they did not put a date on the third clause, can they insist on me abiding by the third clause by the move out date? Only reason i ask is because they discovered some boxes in the garage after the move out date and the lender is using that as an excuse not to pay me the $5,000.

Clauses of the Agreement verbatim:

1. The appellant hereby dismiss her Appeal with prejudice.

2. The Appellant shall vacate the property known as ... no later than April 30, 2009 at 5 p.m. (the property),

3. That upon delivery of the Property vacan and broom clean by Appellant, Lender shall pay unto the Appellant the sum of Five Thousand Dollars ($5,000.00) within five (5) days of delivery of property in aforementioned condition.

4. The Appellees shall waive any claim of deficiency against the Appellant.


Asked on 10/28/09, 5:42 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

I don't have enough information. Is the house worth more or less than what has been agreed upon? What are the other clauses in the agreement? How is title held? Contact me to discuss the details.

You may have a case for specific performance but I will need to see the documentation.

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Answered on 11/02/09, 11:17 pm


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