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Rhode Island Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My father is selling his mobile home, agreed on a price, inspection came back and told he needs to deduct $800?

My dad agreed to the $26,000 someone offered him, inspection came back with deficiencies and my dad was told he needed to deduct $800. My dad doesn't want to sell now based on the $800 deduction, but the real estate agent told him he has to sell it or he will get sued. Is this true? My dad... Read more »

Andrew Bilodeau answered on Jun 12, 2019

If the agreement was for $26,000 your father should receive the full $26,000 if he does not want to make any concessions. Generally the agreement with have a time period for the due diligence - inspections, etc. during that time if an issue is discovered, the buyer can chose to waive the deficiency... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My husband and I are tenants in common. We have no will. What happens to his portion upon his death.

Husband dying of cancer. West Warwick town hall says I have no worries about the property. Please advise.

Andrew Bilodeau answered on Jun 2, 2019

Hello,

I’m sorry that you are going through this difficult time with your husband.

I just need to know if your husband has any children and if any of his parents are alive.

This will determine what you receive. Thank you.

Sincerely,

Andrew Bilodeau

1 Answer | Asked in Civil Litigation and Real Estate Law for Rhode Island on

Q: Bought home with big fenced yard for dogs, 5 minutes after closing found out 1/3 of the yard belongs to neighbor. Help.

Last Monday we bought a house in Rhode Island with a big fenced in yard for our dogs. As we were at the closing at the lawyers, the seller of the house told the next door neighbor that a portion (about 1/3) of our soon to be property actually belonged to her and was not part of his property at... Read more »

Andrew Bilodeau answered on May 7, 2019

Hello,

There are many components to this That need to be examined before I would be able to give you a correct answer. If during the transaction you purchased title insurance and the owner signed an Affidavit swearing that there are no known encroachments, boundary disputes, etc. you may...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

Q: what can i due if a tenant use there surcerity deposit as there last month rent and there was damage to the place

Andrew Bilodeau answered on May 6, 2019

Hello,

You will need to provide notice to the tenant regarding the damage to the apartment/house with an itemization of the cost to repair and you can pursue those damages in a court action if they are in an amount to be worthwhile. I would also evaluate whether or not the former tenant has...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on

Q: can a landlord tow my vehicle without notice?

we were in a rollover accident on 2/19 (it is now 2/22). we are still awaiting the police report, and our vehicle was towed to our parking area (private off street parking with assigned spaces, of which we are only taking up our own space). the vehicle has considerable damage to it, but is not... Read more »

Neville Bedford answered on Feb 27, 2019

If it is not roadworthy, one could argue that it is "debris" or refuse." Probably best for you to get it to an auto body shop where they will be able to allow the insurance company to make their assessment and perform the necessary repairs, should that be the option you choose. Then, you will have... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: How do I apply for a homestead estate exemption?

Neville Bedford answered on Jan 29, 2019

In Rhode Island, it's automatic. See:

TITLE 9

Courts and Civil Procedure – Procedure Generally

CHAPTER 9-26

Levy and Sale on Execution

SECTION 9-26-4.1

§ 9-26-4.1. Homestead estate exemption.

(a) In addition to the property exempt from...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

Q: What are the laws in Rhode Island about heat in a rental property?

I informed my landlord 4 days ago that my heat was not working. Someone came out the next day (not a professional company just like a "handyman") and said he would be back the next day. I waited at home all day and he never came back. I informed my landlord again and she sent someone different out... Read more »

Neville Bedford answered on Jan 29, 2019

TITLE 34

Property

CHAPTER 34-18

Residential Landlord and Tenant Act

SECTION 34-18-34

§ 34-18-34. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If a landlord unlawfully removes or excludes the tenant from the...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on

Q: In the process of purchasing the multi tenant home I am currently in.I want to purchase tenant free.

I have been renting in the home that I am currently in contract with to purchase, there are tenants there currently. Their initial lease expired and is basically a month to month tenant. How can I begin the process of providing them notice, that upon closing (Scheduled for End of July 2018,) they... Read more »

Neville Bedford answered on Jul 5, 2018

Negotiate that term with the seller. You will not be the owner until after the consummation of the sale. If the seller refuses to deliver unoccupied, you may well have to engage an attorney to assist you with the eviction.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on

Q: A judgement was made on land but not boundaries lines lawyer and judge ignored evidence available and met and spoke of

Neville Bedford answered on Jul 5, 2018

If you received an unfavorable decision, and you believe the Judge was mistaken, talk to your attorney about the viability of filing an appeal.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: I am purchasing a property that is an Estate Sale in RI the seller have to remedy dangerous conditions related to HVC

The HVAC system is improperly vented and some wiring was considered a fire hazard by the inspector. The seller is refusing a concession

Neville Bedford answered on Jun 9, 2018

If the value is such that it is not in your interest to consummate the deal, one of your options may be to cancel the sale. This will depend on the conditions you wrote in the P&S agreement. Consult with an attorney to evaluate your position.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My dad owns his house we live in free an clear..He never married my mom so I don't have his last name.

His name was put on my birth cert. 2 yrs ago..My question is, can he sign the deed over to me without any taxes being owed on either end "his or mine" He payed 170000 and it's worth around 260000 on the market. I am on ssi with no other income..We live in R.I

Neville Bedford answered on Jun 9, 2018

A meeting with a practicing Trusts and Estates attorney would be his best investment at this time before contemplating any transfers without professional, confidential advice.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: I want to sign the deed of my home over to my son...I own my home out right and have no plans of selling it...

My son doesn't have my last name because I never married his mom...I did pay child support when he was young and 2 yrs ago put my name on his birth certificate as his father..We live in R.I. Can I give a 1- time gift???? What should I do??? I don't want to put him on the deed as joint tenents, I... Read more »

Neville Bedford answered on May 27, 2018

Speak to an attorney to discuss the impact of what you are considering. It may turn out that what you need is a will. There are tax implications you should consider as well. There are ways to achieve what you desire without having to give the house to him all at once.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: If I am still on the deed to the house my ex- husband and I owned in RI but he has passed, do I still own the house.

The deed states tenancy in its entirety with both out names listed. When we divorced he was to remortgage within a year, that was 2008. He did not until 2016. Also he never pushed me to do a quit claim because he said he did not plan to marry again. I am not listed on the new mortgage only the deed.

Vincent Gallo answered on Apr 26, 2018

You own half of the real estate and your ex-husband estate owns the other half of the real estate.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: I have found out that my equity line/lien of 10 years is not recorded on title at city hall. Do I have to pay them?

Vincent Gallo answered on Apr 1, 2018

Yes, because no doubt, you simultaneously executed a Note.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

Q: Am I held liable for all the rent if my roommate moves out and breaks lease

My roommate is suddenly moving out and breaking "her part" of the lease. Am I held liable for all the rent now or legally is she responsible for it?

Neville Bedford answered on Feb 17, 2018

You may be. Talk to your landlord and see if they are OK with you getting a new roommate.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: Okay I have a situation for you. Well my boyfriend signed a mortgage for my brother and his wife (I know) BAD IDEA. So

behind on the mortgage, the original bebt was for 275.000, I just contacted the mortgage company to find out exactly how far they are behind, waiting for that amount. But gets better, my sister in law is a bit of a nut job, she's a cat hoarder, didn't realize just how bad but I'd say over 30 cats... Read more »

Neville Bedford answered on Jan 11, 2018

Your boyfriend was very kind to guarantee your brother's mortgage. I am sorry your brother is ill. If he sells the property, your brother will be needing a new place to live. If he also owns the other lots you speak of, he can do with them as he wishes. I hope this doesn't strain your relationship... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on

Q: if there's no executor of an estate can a tenant be thrown out?

My mother and father in law had both passed away and no one has filed for executor of their estate. My sister in law is currently living in one of the apartments but her sister states that she is going to have her evicted. Can this be done?

Neville Bedford answered on Nov 20, 2017

Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Rhode Island on

Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

She stated the papers would be emailed to me since I live in Florida and can not be at the closing and i would be signing over my rights to the house so she could sell it...She had stated shortly after his death there was no will and nothing was left to me so why would i need to do this? She has... Read more »

Ben F Meek III answered on Sep 22, 2017

If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on

Q: Is it possible that a older sibling can be power of attorney . But cannot do anything without the others consent

Grandfather passed away 6 months ago. He has 4 daughter's one is deceased. The older sister .She wants my other aunt and my mother to sign a waver to become power of attorney of his estate . Can they sign a paper that if they sign the wavier to give her power she still will have to have the other 2... Read more »

Kenneth V Zichi answered on Sep 10, 2017

Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.

If what is going on is that someone has petitioned to become executor/personal representative and wants the other siblings (who...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

Q: 20 day eviction motion to assign 3/30/17. Trial set 4/11/17 Will tenant have to vacate on 4/19?

2 separate families occupying 2 units (3 family home) holdovers from a foreclosure. Former owner moved out of 3rd unit and washed his hands of the property 2 years ago but told tenants as long as they paid the water bill they could stay. Tenants replaced the hot water heater last year and have... Read more »

Neville Bedford answered on May 3, 2017

If that is what the judge orders, that will be the order of the court. Of course, your attorney will have more specific instructions for you to ensure you don't get caught in some procedural trap for the unwary and untrained.

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