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July 2005
Vol 4
Issue 1
Legal Briefs
What's Happening at CB&T
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Service-Connected Disabled Veteran Outreach Gaining
Momentum:
CB&T sources reveal momentum is gaining in the federal
government's move to have 3% of its entire budget go
to firms owned and operated by service-connected
disabled veterans. If you are a veteran (or know of
one) with a service-connected disability, even if that
disability is minor, this federal procurement
preference program is very exciting. Call Steve
Tiedemann for more information.
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We say
Auf Wiedersehen! to our
Friend and Co-Worker, Gabriele.
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It is with sadness that we bid farewell to
Gabriele Bruce. If you've had the privilege of
working with Mr. Coover's legal
assistant/paralegal during the past 3 1/2 years,
then you know we'll not only miss that
German/Boston accent, but also her good humor,
pleasant disposition and excellent work ethic.
Gabriele came to us from, among other places,
Cape Cod, Massachusetts and it is to the Cape
that she and her family are returning. Taking
over for Gabriele, is Jen Zepp. Jen hails from
Pennsylvania and has worked in the legal field
for the past 4 years. Jen is bright, quick and
friendly. You can learn more about Jen by
clicking on this link.
click here.
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Coover Wins Full Custodial Rights for Father in
Howard County! |
Mr. Coover's diligence and hard work have paid
off for one very happy father who now has sole
physical custody of his three young children.
In a relatively unusual turn of events, in May
of 2004, Mr. Coover managed to wrestle
physical custody of the children from the
mother after a review hearing before the Court
Master. The parties had been before the same
Master twice before. Subsequently in May of
2005, at the conclusion of a five day merits
trial, the Circuit Court awarded Mr. Coover's
client sole physical custody of the children,
determining that the father presented a more
stable environment for the children. The
court also awarded the father and the children
the right to resume living in the couple's
residence and declined to award the mother
attorney's fees. Not surprisingly, the
mother, who had refused to work after the
parties separated, accepted a job paying in
excess of $40k quickly after the Court's
ruling. Separation, divorce and custody
disputes are difficult for any family to
endure. CB&T attorneys will fight hard for
what is best for our client and their family.
For more info on our firm,
click here:
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Who Can Host an Open House
for a Real Estate Broker? (Hint: They better
have a license!) |
We were recently
approached by a broker client who wanted to know
if an unlicensed employee could host an open
house, as long as that unlicensed person
referred all questions about the property to a
licensed person. We knew that pursuant to §
17-601 of the Annotated Code of Maryland,
Business Occupations and Professions Article, a
person may not provide real estate brokerage
services without a license from the Real Estate
Commission. Hosting an open house arguably falls
within the definition of "providing real estate
brokerage services" in Maryland, therefore,
should not be performed by an unlicensed
person. We found further guidance with the
Maryland Department of Labor, Licensing and
Regulation (DLLR), which regulates licensing
through the Real Estate Commission. According to
1994 guidelines published in a DLLR publication,
an unlicensed employee may schedule an
open house and accompany a licensee to an open
house or showing for security purposes or to
hand out preprinted materials, but an unlicensed
employee may not show property. Therefore,
an unlicensed employee should not host an open
house. There must be a licensed agent
present to host an open house, although the
agent may have an unlicensed person present to
assist with non-real estate brokerage services.
If you have any questions about what duties your
licensed or unlicensed real estate employees can
and cannot perform, please contact Coover & Barr, LLC.
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Barr Kills Deal, Saves Day |
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Often, expert transactional attorneys, like John
Barr, earn their reputation as "deal-killers". In
fact, there always seems to be some reason to not
"do the deal". At CB&T, we endeavor to find a way
to make the deal happen. However, recently John
Barr was called in to work with a firm client
considering the purchase of an existing printing
franchise. John was consulted on the eve of
settlement and after reviewing the deal found
numerous problems unknown to our client. For
example, the contract did not appropriately deal
with environmental conditions likely to exist at a
printing company and did not allow for other
contingencies like the unpredictable actions of
the franchisor. This was a time where "killing
the deal" saved the day, and years of heartache,
for a CB&T client. |
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