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WHITAKER v. WHITAKER

No. 0970, September Term, 2004.

901 A.2d 223 (2006)

169 Md. App. 312

Benjamin WHITAKER, Jr. v. Dorothy WHITAKER.

Court of Special Appeals of Maryland.

June 29, 2006.

Attorney(s) appearing for the Case

Andrew K. O'Connell (Andre R. Weitzman & Assoc., on the brief), Baltimore, for appellant.

Michael E. Henderson (Lloyd, Kane, Wieder, Willis & Henderson, PA, on the brief), Ellicott City, for appellee.

Panel: SALMON, MEREDITH and CHARLES E. MOYLAN, JR., (Retired, Specially Assigned) JJ.

MEREDITH, J.

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...

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