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Rhode Island Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Am an ascertained heir to a property and want to keep rights is redemption.. need to answer the court… how do I do that

Need to work with a lawyer

Albin Moser
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answered on Jan 31, 2022

Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... View More

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.

One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?

Anthony M. Avery
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answered on Jan 13, 2022

First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
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answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... View More

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1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
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answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: In Rhode Island, when signing a lease for commercial space, can landlord request security deposit and last month rent?
Andrew Bilodeau
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answered on Apr 29, 2021

Yes. Unlike a residential lease, a commercial lease is not regulated as its a contract between businesses and agreed upon terms are not restricted. Hopefully that helps.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: My ex wife is in contempt of court for not selling my house when our son graduated as stated in the divorce decree

Will she have to give me the house or sell it and give me the amount of money started that she owes me

Neville Bedford
Neville Bedford
answered on Oct 27, 2020

Talk to your attorney to help prepare and present your motion for relief.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Rhode Island on
Q: If a person has been nominated to be executor of will, steals estate from beneficiary is it criminal.

A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?

Thomas Briody
Thomas Briody
answered on Sep 28, 2020

This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for Rhode Island on
Q: I just found out I have been paying rent since October to a person who didn't own the house. It was a foreclosure

the people who actually bought the house got the paperwork yesterday and showed up today. What can be done about the rent we have paid so far to the shady person who did this to us

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

Report them to the authorities. http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-38.2.HTM compliance is mandatory. Retain an attorney if you are served with an eviction complaint.

1 Answer | Asked in Real Estate Law and Civil Litigation for Rhode Island on
Q: Is it legal to have a Shared utility only wired to my meter? This has never been disclosed to me by the landlord.

My electric bill is triple my neighbors. I have lived here for 5 years. My landlord has never mentioned that I pay for a shared utility. This has just come to light when I had an electrician come check to see why my electric bill was so high. Upon further examination a plumber became involved... View More

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

It is unclear what expense is shared, and what is due to the leak. If the pump is not yours, you may have a case of theft of utilities against the person who wired it on your service. This may require more investigation and perhaps professional legal representation. Once you have all of the... View More

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: how can make estate agencies to stop selling my home with their predicted price on their own sight

I own property with area avarge sale price 75000 dollars. The government assignment value is 22000 dollars

Real Estate agencies more than one forcing me to sell it cheep as less than 10000 dollars by listing it on their own site without my permission

How can I stop them... View More

Nina Whitehurst
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answered on Jan 25, 2020

Nobody can force you to sell your house. If a realtor is offering your house for SALE without your permission you should file a complaint with

the Rhode Island Board of Realtors and also the Rhode Island Department of Consumer Protection.

However do be sure they are really listing...
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1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Rhode Island on
Q: What are my legal rights when I'm only tenant on my lease. My gf will not leave willingly

She has repeatedly threatened me to call police for no reason and have me removed out of my own place. I pay 1500 a month and she pays nothing. I'm trying to end this controlling relationship.

Neville Bedford
Neville Bedford
answered on Dec 24, 2019

If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: Should I carry forward the balance until they catch up or apply each week they pay to the previous week?

I have 2 tenants on a week to week lease. They're 1 wk behind. They are asking that the late week that was paid 6 days late be carry forward as if they slipped a week until they can pay that skipped week in 2 weeks instead of adding the rent payment they give me each week to the previous week.... View More

Neville Bedford
Neville Bedford
answered on Dec 24, 2019

The offer-er is the master of their offer and you are free to come to whatever arrangements you like. I might suggest you set a deadline for the late fee waiver to give them some incentive to catch up.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: A group of European students who attend my academy live in an apartment that I found for them. No lease has been signed.

I helped find a short-term place for them to live (I do not reside there). To make things easier, I have been collecting their rent and providing the landlord with a check each month. No lease has been provided to the students. A few students returned to Europe before our school term ended. Who is... View More

Neville Bedford
Neville Bedford
answered on Dec 16, 2019

If the landlord takes you to court, the best thing for your to bring, in addition to all of your documents(i.e. a contract with the landlord and the academy) supporting your "arrangement" would be ... a licensed attorney to present your best defense. They will likely begin with a short... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked)

My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked) It is my house and he is just staying there, he does have mail come there and switched his license without asking me.

Andrew Bilodeau
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answered on Nov 20, 2019

Hello,

You will need to evict him in accordance with the RI Lanlord/Tenant act.

2 Answers | Asked in Real Estate Law and Small Claims for Rhode Island on
Q: My boyfriend's dad is our landlord, his son just got locked up last night and next day he writes a note saying I have to

Move in 2 days and he just accepted my payment for rent this month, can I get my money back

Andrew Bilodeau
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answered on Sep 1, 2019

Hello,

Based on the info you provided, your boyfriend’s father would have to evict you and give you proper notice.

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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Civil Litigation for Rhode Island on
Q: Inheritance rights where estate wrongly dealt with by intestate succession

Substantial estate passed by intestate succession after named beneficiary in a will could not be located. Named beneficiary located 10-years later. Do they have rights to claim?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: In RI, who should get back a deposit on an apartment lease when you are divorcing? I paid the deposit originally

My ex lied to my landlord and told them that I gave him the deposit to move it to his next lease starting August 1st. Since I paid the original deposit and he is starting a new lease, shouldn’t I be the one that receives it back?

Neville Bedford
Neville Bedford
answered on Jul 22, 2019

If your ex is lying to your landlord, there is a good chance they may also be lying to you. If you have the same landlord and you are now trying to convince them to return your deposit, this may have to be resolved in court if the landlord refuses to return your deposit. I suspect there are... View More

1 Answer | Asked in Contracts and Real Estate Law for Rhode Island on
Q: Can a buyer back out once an offer is given and accepted on deadline date w no recourse?

The Buyer offered us full price and after inspection requested four things to be addressed (taken care of) we in return offered them to fix two of the four requests plus 2,000.00 off original price. They accepted the offer on the deadline date of July 2. Then on July 6th, we were told they were... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 9, 2019

The answer to your question should be set forth in the written documents; where is your real estate agent?

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... View More

Andrew Bilodeau
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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... View 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
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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

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