Whitaker v. Whitaker

In this case, we shall hold that the subject real estate transaction involved a land installment contract, as defined in Maryland Code (1974, 2003 Repl.Vol.), Real Property Article (“RP”) § 10-101. Because the vendor failed to record the contract, as required by RP § 10—102(f), the purchaser of the property had the unconditional right to cancel the contract and receive a refund of all payments made. The circuit court erred in ruling that the purchaser was not entitled to the remedial relief prescribed by RP § 10—102(f). Accordingly, we shall vacate the judgment of the circuit court and remand…