Summary
An agreement between a brother and a sister to purchase a home was a land installment contract - meaning that under Maryland law, the brother had a right to cancel the deal and receive a refund of the payments he made, the Court of Special Appeals held recently.
The intermediate appellate court vacated an earlier decision of the Baltimore County Circuit Court, which had concluded that the contract between Benjamin Whitaker Jr. and his sister Dorothy was a simply a loan repayment agreement and not subject to cancellation provisions of the Real Property Article. Under that provision, a purchaser has the unconditional right to cancel the contract and receive a refund of all payments and deposits made pursuant to the contract if the vendor fails to record the contract among the land records of the pertinent county.See the full content of this document
Extract
Maryland Court: Man Could Cancel Installment Contract
It is undisputed that Dorothy never recorded the agreement among the land records of Baltimore County, Judge Timothy E. Meredith wrote for the court - after finding that the agree...
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