Legal Question in Business Law in Maryland

I am a resident of maryland. I have been told that if you have an online business; in order to store a businesses merchandise; you can use a storage unit, but you have to have a trade license, and you have to sell only at a flea market or a trade show, and you have to prove that your are only selling at these two places. is this true? I called the licensing department but I get different variations on the answer and they are against answering legal questions. Thank you.


Asked on 12/21/10, 9:41 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Hello and thanks for your post. If you are selling items in Maryland you will need to have at a minimum a vendor's license and sales tax account. These licenses will not protect you from personal liability and to operate through a trade name or an entity requires separate registration with the State.

Note that the TYPE of item you sell and the manner in which you sell it may require additional licensure and the county where you reside may have permit requirements for certain home-based businesses or restrictions on storing/selling out of your home.

Maryland also licenses transient vendors (people who go from place to place or who set up roadside carts, etc.) This is separate from the vendors license. If you will be selling at different locations you may need a transient license, but this type of license is generally not required for folks who sell at flea markets or trade shows or for online sales out of a fixed business location.

Online businesses certainly operate in this state, but you may want to talk to a Maryland attorney to ensure that you structure your business to protect yourself and comply with all state and local requirements. Again, the requirements may vary based on the specific details of your proposed business and the area where you live.

While I hope the above post helps, it is not a substitute for specific legal advice.

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Answered on 1/03/11, 5:59 am


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