Real Estate Law in Providence, RI
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute?
Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Providence, Rhode Island real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Providence real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Providence property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are a common form of real estate conflict between neighbors, particularly when property ownership changes hands.
An easement grants others access to use specific portions of your property. While easements are not always voluntarily granted by a property owner, they are frequently documented in , property deeds.
Resolving these disputes often requires the assistance of an experienced real estate law attorney. However, before pursuing legal action, it is often worthwhile to try to resolve the matter amicably through direct communication with the other party.
Fraud/Omissions
Unfortunately, some dishonest sellers may attempt to take advantage of buyers by withholding crucial information, thereby influencing the transaction’s outcome and future ownership. Proving fraud in a real estate deal can be complex and challenging. For such cases, it is highly recommended to work with a knowledgeable real estate lawyer who can help clarify the situation and ensure a fair resolution.
Under Rhode Island law, residential mortgage fraud occurs when an individual intentionally omits or misrepresents material facts during the mortgage lending process. This crime is a felony, punishable by up to 10 years in prison and fines of up to $10,000. If there is a pattern of fraud, penalties can escalate to up to 20 years in prison and fines up to $100,000.
Contract Breaches
In , , real estate transactions must be supported by a valid contract. Not all contracts, however, are enforceable. The requirements for what must be included in a valid real estate agreement vary by state. If a contract is missing essential elements or contains vague or confusing language, breaches may occur, leading to disputes between buyers and sellers.
Real estate contracts are legally binding documents. You must never enter into a real estate transaction in without a properly drafted, mutually agreed-upon contract that protects both parties.
Landlord/Tenant
Disputes often arise when Rhode Island landlords and tenants cannot agree on repairs, rent arrears, and more. Providence, RI tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, but so is having good legal counsel.
Rhode Island’s Residential Landlord and Tenant Act governs the landlord and tenant relationship in Providence. For example, a Providence landlord must give 30 days’ written notice of any rent increase. However, the landlord must give 60 days’ notice to month-to-month tenants over the age of 62.
Boundary Lines
Property line disagreements usually occur when adjoining Providence, RI property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors.
Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Rhode Island property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Providence is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
Under Rhode Island law, a judgment lien will remain attached to a Providence property for 20 years. Additionally, the state allows a judgment creditor to attach a judgment lien to either real estate or personal property. Be aware, the creditor must request the attachment of the lien within 48 hours after the original judgment is entered. The creditor must then file the execution with the Providence Recorder of Deeds.
What Should You Do If You Become Involved in a Real Estate Dispute In Providence, Rhode Island?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Providence real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Providence real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Providence, Rhode Island
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Providence lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Rhode Island landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Rhode Island state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.