Real Estate Law

Rhode Island Real Estate Law

Rhode Island Real Estate Lawyers — Transactions, Property Rights & Litigation

Bilodeau Capalbo, LLC represents residential and commercial property owners, purchasers, sellers, investors, developers, lenders, condominium associations, and real estate professionals in transactions and disputes involving real property throughout Rhode Island. Our attorneys also provide real estate representation in Massachusetts and Connecticut.

Real estate transactions and property disputes frequently involve substantial financial investments, complicated contractual obligations, questions of title and ownership, and competing interests among buyers, sellers, lenders, contractors, neighbors, and other parties. Effective legal representation requires careful examination of the governing documents, applicable law, property records, and the practical consequences of available decisions.

Our Rhode Island real estate lawyers provide representation involving residential and commercial purchases and sales, real estate financing, title examinations, contract negotiations, boundary disputes, easements, adverse possession, partition actions, condominium law, construction defects, zoning and land use, commercial leasing, lender foreclosures, and real estate litigation.

Bilodeau Capalbo, LLC combines transactional experience with litigation capabilities. Our attorneys assist clients in structuring and completing transactions, identifying and resolving potential disputes before closing, enforcing contractual obligations, and pursuing or defending litigation when disagreements cannot be resolved through negotiation.

Our real estate practice includes matters involving Rhode Island’s recording system, municipal land records, recorded subdivision plans, surveys, mortgage instruments, restrictive covenants, condominium declarations, and other documents affecting the ownership, transfer, development, and use of real property.

Learn more about our Real Estate Litigation Practice.

Residential and Commercial Real Estate Transactions

Bilodeau Capalbo, LLC represents clients in residential, commercial, and investment real estate transactions, including acquisitions, sales, financing, and related contractual matters.

Residential Real Estate Transactions

Our attorneys assist residential buyers and sellers with purchase and sale agreements, contractual contingencies, title examinations, financing issues, closing documentation, and disputes arising before or after closing.

Residential transactions can involve questions concerning property boundaries, recorded easements, restrictive covenants, encroachments, condominium obligations, undisclosed defects, and the legal condition of title.

Our representation may include reviewing inspection contingencies, mortgage contingencies, title provisions, deposit requirements, closing deadlines, and contractual remedies when a transaction does not proceed as anticipated.

We also represent buyers and sellers in disputes involving alleged misrepresentation, defective construction, undisclosed property conditions, and failures to perform under purchase and sale agreements.

Commercial Real Estate Transactions

Commercial acquisitions and sales frequently involve more extensive due diligence, financing arrangements, contractual negotiations, and regulatory considerations than ordinary residential transactions.

Bilodeau Capalbo, LLC represents commercial property owners, businesses, investors, developers, and other parties in transactions involving office buildings, retail properties, industrial facilities, mixed-use developments, investment properties, and other commercial real estate.

Our attorneys assist with purchase and sale agreements, commercial financing, title issues, surveys, zoning considerations, environmental due diligence, existing leases, tenant occupancy, contractual representations and warranties, and closing requirements.

Commercial real estate transactions may also involve limited liability companies, partnerships, corporations, and other ownership entities. Our attorneys evaluate how real estate ownership and financing arrangements interact with operating agreements, business obligations, and the parties’ broader commercial objectives.

Learn more about our Business Law Practice.

Real Estate Professionals, Brokers, Developers & Investors

Bilodeau Capalbo, LLC provides legal representation to parties involved in the acquisition, sale, financing, development, and management of residential and commercial property.

Real estate professionals may encounter disputes involving brokerage agreements, commissions, contractual contingencies, title defects, property disclosures, financing requirements, and allegations of misrepresentation.

Our attorneys assist in evaluating contractual obligations, drafting and negotiating agreements, resolving transaction-related disputes, and representing clients in litigation when necessary.

For developers and investors, legal considerations may include subdivision approvals, zoning restrictions, easements, utility access, environmental conditions, construction contracts, financing obligations, and the enforceability of recorded restrictions.

We work with clients to identify legal issues before they interfere with a transaction or development project and to evaluate available remedies when disputes arise.

Purchase and Sale Agreements

Purchase and sale agreements establish the rights and obligations of buyers and sellers and frequently determine the remedies available when a transaction fails.

Bilodeau Capalbo, LLC represents clients in the preparation, negotiation, interpretation, enforcement, and litigation of residential and commercial real estate purchase and sale agreements.

Important contractual provisions may include:

• Identification and legal description of the property.
• Purchase price and deposit requirements.
• Mortgage and financing contingencies.
• Inspection and due diligence provisions.
• Title requirements and permitted encumbrances.
• Representations concerning property condition.
• Closing deadlines and extensions.
• Allocation of closing expenses and adjustments.
• Default provisions and contractual remedies.
• Liquidated damages and deposit disputes.
• Assignment rights and restrictions.
• Conditions precedent to closing.
• Obligations concerning delivery of possession.

Careful drafting and review can reduce uncertainty regarding the parties’ obligations and the consequences of a contractual default.

Our attorneys also assist clients when unexpected title issues, financing problems, inspection disputes, or disagreements over contractual performance threaten the completion of a transaction.

Real Estate Contract Disputes, Breach of Contract & Specific Performance

Disputes involving purchase and sale agreements may arise when a buyer refuses to close, a seller declines to convey property, contractual contingencies are disputed, or one party alleges that the other failed to satisfy an obligation under the agreement.

Bilodeau Capalbo, LLC represents buyers and sellers in litigation involving breach of real estate contracts, disputed deposits, alleged failures to disclose material information, and requests for damages or equitable relief.

Depending on the governing agreement and circumstances, available remedies may include compensatory damages, recovery or forfeiture of deposits, declaratory relief, or specific performance.

Specific performance is an equitable remedy that may be available when monetary damages are inadequate and the applicable legal requirements are satisfied. The availability of that remedy depends upon the contract, the parties’ conduct, and the circumstances of the transaction.

Our attorneys evaluate the language of the agreement, communications between the parties, performance of contractual obligations, financing and inspection contingencies, and the evidence supporting the requested relief.

Learn more about our Real Estate Litigation Practice.

Real Estate Title Examinations, Ownership Structures & Title Disputes

The manner in which title is held can have important consequences for ownership rights, survivorship, financing, creditor claims, transfers, and the disposition of property upon an owner’s death.

Bilodeau Capalbo, LLC advises clients concerning the appropriate manner of holding title to residential and commercial real estate in Rhode Island, Massachusetts, and Connecticut.

Depending on the jurisdiction and circumstances, ownership arrangements may include tenancy in common, joint tenancy with right of survivorship, tenancy by the entirety, or ownership through a limited liability company, corporation, trust, or other legal entity.

Rhode Island is not a community-property state. Questions concerning ownership and title must instead be evaluated under the applicable property laws, recorded instruments, and circumstances of the transaction.

Our attorneys review deeds, mortgages, easements, restrictions, liens, title examinations, and other recorded documents to identify issues that may affect the ownership, financing, transfer, or use of real property.

Title disputes may involve conflicting deeds, inaccurate legal descriptions, defective conveyances, unresolved liens, competing ownership claims, encroachments, or disagreements concerning the interpretation of recorded instruments.

When necessary, our attorneys represent clients in actions seeking to quiet title, establish ownership interests, obtain declaratory relief, or resolve competing claims to real property.

Real Estate Fraud, Misrepresentation & Nondisclosure

Disputes involving alleged fraud, misrepresentation, or nondisclosure frequently arise after a buyer discovers a condition affecting the property that was not apparent before closing.

Potential disputes may concern water intrusion, structural deficiencies, septic systems, drainage problems, prior repairs, environmental conditions, boundary issues, unpermitted improvements, or other material property conditions.

Bilodeau Capalbo, LLC represents buyers and sellers in disputes involving alleged false representations, concealment of defects, inaccurate disclosures, and other transaction-related claims.

Our attorneys examine purchase and sale agreements, disclosure forms, inspection reports, correspondence, photographs, contractor records, repair histories, and other relevant evidence.

The legal consequences of an alleged nondisclosure depend upon the applicable law, contractual language, nature of the alleged defect, representations made, and available evidence. A seller’s disclosure of a condition does not automatically resolve every potential claim, and the existence of a defect does not by itself establish liability.

Where appropriate, our attorneys evaluate claims involving fraud, negligent misrepresentation, breach of contract, and other available causes of action.

We also defend sellers and other parties against allegations of misrepresentation or concealment when the evidence or applicable law does not support the asserted claims.

Home Inspector Negligence & Defective Property Conditions

Real estate disputes may also arise when a purchaser alleges that a home inspector failed to identify or report a significant condition affecting a property.

Claims involving home inspections require examination of the inspection agreement, the scope of the inspection, the inspection report, applicable professional obligations, and the nature of the condition allegedly overlooked.

Bilodeau Capalbo, LLC represents clients in disputes involving home inspection services, property defects, contractual limitations, and alleged professional negligence.

These matters may involve questions concerning the inspector’s contractual responsibilities, exclusions from the inspection, statutory requirements, causation, and the damages allegedly resulting from the inspection.

The existence and enforceability of contractual limitations must be evaluated under the applicable law and circumstances.

Easements, Rights-of-Way & Property Access Disputes

Easements permit one party to use another party’s real property for a legally recognized purpose. Easement disputes frequently involve access roads, driveways, utilities, drainage systems, shared facilities, and other uses affecting neighboring parcels.

Bilodeau Capalbo, LLC represents property owners in disputes involving express easements, prescriptive easements, implied easements, easements by necessity, and other claimed rights of access or use.

Our attorneys examine deeds, subdivision plans, recorded easements, historical property records, surveys, and evidence concerning the parties’ actual use of the property.

Disputes may concern whether an easement exists, the location and permissible scope of an easement, interference with access, maintenance obligations, or whether a particular use exceeds the rights established by the governing instrument or applicable law.

Our representation includes negotiating and drafting easement agreements, enforcing established rights, defending against unsupported claims, and pursuing declaratory or injunctive relief when appropriate.

Learn more about our Easements Practice.

Adverse Possession & Boundary Line Disputes

Adverse possession involves a claim to ownership of real property based upon possession satisfying specific legal requirements over the statutory period.

Under Rhode Island General Laws § 34-7-1, the statutory period for adverse possession is generally ten years. A claimant must establish the required elements of possession by clear and convincing evidence.

Adverse possession disputes frequently arise from longstanding fences, driveways, landscaping, structures, maintained areas, and other uses that do not correspond with the boundaries shown on recorded deeds or surveys.

Bilodeau Capalbo, LLC represents property owners and claimants in adverse possession disputes, including actions involving contested boundaries, competing claims of ownership, and requests to quiet title.

Our attorneys investigate historical land use, aerial photographs, surveys, deeds, municipal records, witness testimony, and other evidence relevant to the claimed period and nature of possession.

Our firm also has Rhode Island Supreme Court appellate experience involving adverse possession and property rights, including its representation in Union Cemetery v. Foisy.

Learn more about our Rhode Island Adverse Possession Practice and Real Estate Litigation Practice.

Partition Actions & Disputed Co-Ownership

Disagreements between co-owners may arise when one owner wishes to sell property, another wishes to retain ownership, or the parties cannot agree concerning possession, maintenance, expenses, or the property’s disposition.

Bilodeau Capalbo, LLC represents clients in partition actions and related disputes involving jointly owned real property.

Depending on the governing law and circumstances, partition proceedings may involve division of the property, a court-supervised sale, accounting issues, or other relief affecting the respective interests of the owners.

Our attorneys evaluate deeds, ownership percentages, financial contributions, mortgage obligations, expenditures for improvements, and other relevant evidence.

We also pursue negotiated resolutions when an agreement concerning sale, buyout, or continued ownership can protect the parties’ interests without prolonged litigation.

Condominium Law & Condominium Property Disputes

Condominium ownership presents legal issues that differ from those involving ordinary residential or commercial property.

Condominium associations, boards, property managers, and individual unit owners may encounter disputes concerning declarations, bylaws, common elements, maintenance responsibilities, assessments, liens, construction defects, insurance coverage, and the authority of condominium governing bodies.

Bilodeau Capalbo, LLC represents condominium associations and individual unit owners in appropriate matters involving governance, enforcement of governing documents, property rights, and litigation.

Our attorneys evaluate the applicable condominium statute, declaration, bylaws, rules and regulations, recorded plans, and other governing documents.

We also represent clients in disputes concerning common-element damage, construction defects, unauthorized alterations, assessment obligations, access rights, and requests for injunctive or declaratory relief.

Learn more about our Rhode Island Condominium Law Practice.

Commercial Landlord Representation & Commercial Leasing

Bilodeau Capalbo, LLC represents commercial property owners and landlords in matters involving commercial leases, defaults, possession, enforcement of lease provisions, and related litigation.

Commercial leases may impose substantial financial and operational obligations upon landlords and tenants. Disputes may involve rent, common-area maintenance charges, operating expenses, maintenance responsibilities, tenant improvements, insurance obligations, guarantees, renewal options, assignments, subletting, and termination provisions.

Our attorneys assist commercial landlords with the preparation, negotiation, interpretation, and enforcement of commercial leases.

When disputes arise, we evaluate the lease terms, notices, payment history, communications, and applicable legal requirements to determine available remedies.

Our firm also represents commercial landlords in proceedings concerning unpaid rent, contractual defaults, recovery of possession, and other commercial lease disputes.

Commercial landlord representation is one component of our broader real estate and commercial litigation practice.

Commercial Lease Assignments, Subletting & Tenant Transfers

Assignments and subleases can materially affect the rights and obligations of commercial landlords.

An assignment generally involves the transfer of a tenant’s leasehold interest to another party. A sublease generally involves a transfer of less than the tenant’s entire remaining leasehold interest, although the legal characterization depends upon the terms and circumstances.

Commercial leases frequently contain provisions requiring landlord consent, imposing conditions upon transfers, or establishing continuing liability for the original tenant.

Bilodeau Capalbo, LLC advises commercial landlords concerning assignment and subletting provisions, consent requirements, proposed tenant transfers, guarantees, continuing liability, and disputes arising from unauthorized assignments or subleases.

Our attorneys also assist with drafting amendments, consent agreements, assignments, and other documents necessary to protect the landlord’s contractual rights.

Commercial Real Estate Financing & Lender Representation

Commercial real estate financing involves contractual obligations secured by mortgages, assignments of rents, guarantees, and other collateral arrangements.

Bilodeau Capalbo, LLC represents banks, lending institutions, private lenders, and other commercial creditors in financing matters and disputes involving real estate collateral.

Our attorneys assist lenders in reviewing loan documents, mortgage obligations, guaranties, collateral arrangements, defaults, and available enforcement remedies.

Disputes may concern payment defaults, covenant violations, collateral protection, loan modifications, refinancing arrangements, guarantor liability, or disagreements concerning the interpretation and enforcement of financing documents.

Our lender representation also includes loan workouts, negotiated resolutions, and litigation when necessary.

Learn more about our Creditor Rights Practice.

Foreclosure — Lender Representation Only

Bilodeau Capalbo, LLC represents lenders in matters involving defaulted real estate loans, foreclosure proceedings, loan workouts, and related enforcement remedies.

When a borrower defaults, lenders must evaluate the governing loan documents, collateral position, applicable notice requirements, and the legal and financial consequences of available enforcement options.

Our attorneys assist lenders in evaluating negotiated workouts, loan modifications, forbearance agreements, foreclosure proceedings, and related litigation.

Foreclosure requirements vary by jurisdiction and by the nature of the mortgage and transaction. Our attorneys evaluate the applicable legal requirements and contractual provisions before pursuing enforcement.

Bilodeau Capalbo, LLC has experience representing lenders in foreclosure and related matters in Rhode Island and Connecticut.

Where appropriate, our attorneys also evaluate the use of receiverships and other judicial remedies to protect real estate collateral, preserve property value, and address disputed management or control.

Learn more about our Creditor Rights Practice.

Loan Workouts, Distressed Real Estate & Receiverships

Distressed real estate transactions and defaulted commercial loans may require solutions beyond an immediate foreclosure or contested lawsuit.

Bilodeau Capalbo, LLC represents lending institutions, commercial creditors, and other parties in matters involving distressed real estate, loan workouts, collateral enforcement, and receivership proceedings.

Loan workouts may involve restructuring payment obligations, modifying loan terms, negotiating forbearance arrangements, obtaining additional collateral, revising guaranties, or establishing procedures for the disposition of secured property.

In appropriate circumstances, receivership proceedings may provide a judicial mechanism for protecting, preserving, managing, or disposing of property subject to competing claims or financial distress.

Our attorneys evaluate the applicable statutory framework, governing agreements, collateral documents, and available judicial remedies.

Rhode Island’s receivership statutes include the Rhode Island Receivership Act, R.I. Gen. Laws Chapter 10-21.

Learn more about our Creditor Rights Practice and Business Law Practice.

What Is a 1031 Exchange?

A Section 1031 exchange, commonly referred to as a like-kind exchange, is a transaction that may permit an owner of qualifying investment or business real estate to defer recognition of capital gains by exchanging that property for other qualifying real property. Section 1031 of the Internal Revenue Code establishes requirements governing the types of property eligible for tax-deferred treatment and the manner in which qualifying exchanges must be completed.

Bilodeau Capalbo, LLC represents real estate investors, business owners, developers, and commercial property owners in real estate transactions that may involve Section 1031 exchanges. Our attorneys assist clients with purchase and sale agreements, title issues, contractual obligations, due diligence, financing arrangements, and coordination with qualified intermediaries and tax professionals.

Requirements for a Section 1031 Exchange

Section 1031 generally applies to qualifying real property held for investment or productive use in a trade or business. Real property held primarily for personal use or for sale in the ordinary course of business generally does not qualify.

In a typical deferred exchange, the taxpayer must identify qualifying replacement property within 45 days after transferring the relinquished property and receive the replacement property within 180 days or by the applicable tax-return deadline, including extensions, if earlier.

A qualifying exchange generally requires careful coordination to avoid the taxpayer’s actual or constructive receipt of exchange proceeds. Qualified intermediaries frequently play an essential role in facilitating these transactions.

Potential tax consequences may arise when an investor receives cash, nonqualifying property, or other consideration that results in recognized gain. Financing arrangements, ownership structures, related-party transactions, and the use of exchange proceeds can also affect tax treatment.

Our attorneys assist clients with the real estate aspects of these transactions while coordinating with qualified intermediaries, accountants, and tax advisers regarding applicable federal and state tax requirements.

Learn more about our 1031 Exchange Legal Services.

For federal tax guidance, consult the Internal Revenue Service’s Like-Kind Exchanges information.

Easements, Rights-of-Way & Access Disputes

Easements and rights-of-way are important property interests that permit one property owner or another authorized party to use property owned by someone else for a defined purpose. Easements may involve access roads, driveways, utilities, drainage systems, septic facilities, pedestrian access, shared parking areas, and other uses of real property.

Bilodeau Capalbo, LLC represents property owners, developers, businesses, condominium associations, and other parties in matters involving the creation, interpretation, enforcement, and termination of easements.

Our attorneys handle disputes involving express easements established by deeds or recorded agreements, implied easements, easements by necessity, prescriptive easements, and other claimed rights to use neighboring property.

Easement disputes frequently arise when a property is subdivided, transferred, developed, or used in a manner that differs from its historical use. Disagreements may concern the existence of an easement, its location, its permissible scope, maintenance obligations, interference with access, or whether the claimed use exceeds the rights originally granted.

These matters often require examination of recorded deeds, surveys, subdivision plans, historical property records, photographs, and evidence of the parties’ actual use of the property.

Bilodeau Capalbo, LLC assists clients in negotiating easement agreements, preparing and reviewing recorded instruments, resolving access disputes, and pursuing declaratory or injunctive relief when necessary.

Learn more about our Easements Practice and Real Estate Litigation Practice.

Adverse Possession & Property Ownership Disputes

Adverse possession is a legal doctrine through which a person may establish ownership of another person’s property by satisfying specific statutory and common-law requirements.

Under Rhode Island law, R.I. Gen. Laws § 34-7-1 generally establishes a ten-year period for adverse possession. The claimant must establish the required elements, including actual, open, notorious, hostile, continuous, and exclusive possession, by clear and convincing evidence.

Adverse possession disputes frequently involve fences, driveways, landscaped areas, retaining walls, structures, wooded land, boundary markers, and portions of neighboring parcels that have been occupied or maintained for extended periods.

Bilodeau Capalbo, LLC represents property owners asserting adverse possession claims and owners defending against claims to their property.

Rhode Island Supreme Court Experience in Adverse Possession Litigation

Our firm has direct appellate experience involving Rhode Island adverse possession law.

Bilodeau Capalbo served as appellate counsel in Union Cemetery v. Foisy, a Rhode Island Supreme Court matter involving adverse possession and disputed property ownership.

Our attorneys examine the historical use of property, recorded instruments, surveys, witness testimony, aerial photography, and other evidence necessary to establish or challenge the elements of adverse possession.

In appropriate circumstances, we pursue quiet title actions, declaratory judgments, temporary restraining orders, preliminary injunctions, and other remedies to protect disputed ownership interests.

Learn more about our Adverse Possession Practice, Real Estate Litigation Practice, and Rhode Island Supreme Court Foisy Decision Analysis.

Partition Actions & Disputes Between Co-Owners

Real estate ownership disputes may arise when two or more individuals or entities own property together but disagree concerning its use, management, maintenance, financing, sale, or disposition.

These disputes frequently involve inherited property, jointly purchased investment properties, family-owned real estate, former business partners, and co-owners whose interests have diverged.

A partition action may provide a judicial remedy when co-owners cannot agree on the disposition of property. Depending on the governing law and circumstances, partition may involve physical division of property or a court-ordered sale and distribution of proceeds.

Bilodeau Capalbo, LLC represents co-owners seeking partition and parties defending their ownership interests in partition proceedings.

Our attorneys evaluate deeds, ownership percentages, contributions toward acquisition and maintenance, mortgage obligations, property improvements, rental income, and other financial considerations relevant to the parties’ claims.

Partition litigation may also involve accounting claims, reimbursement disputes, competing assertions of ownership, and requests for temporary relief to preserve property during litigation.

Our objective is to protect each client’s property and financial interests while evaluating whether negotiated buyouts, voluntary sales, or other resolutions may avoid unnecessary litigation expenses.

Learn more about our Partition Actions Practice.

Quiet Title Actions & Defective Property Titles

Clear and marketable title is essential to many real estate transactions. Title defects and competing ownership claims can interfere with the sale, financing, development, or use of property.

Title disputes may involve defective deeds, conflicting legal descriptions, improperly recorded instruments, unresolved liens, boundary discrepancies, competing claims of ownership, or uncertainty regarding easements and other property interests.

Bilodeau Capalbo, LLC represents property owners, purchasers, sellers, investors, and businesses in litigation concerning title to real property.

Our attorneys examine deeds, title examinations, recorded instruments, historical ownership records, surveys, and other relevant documentation to determine the nature of a claimed defect and the remedies that may be available.

Where appropriate, our firm pursues quiet title actions, declaratory judgments, injunctive relief, and other proceedings intended to resolve disputed property rights.

Learn more about our Quiet Title Practice and Real Estate Litigation Practice.

Real Estate Fraud, Misrepresentation & Failure to Disclose Property Defects

Disputes frequently arise when purchasers discover property conditions or defects that were not identified before closing.

These matters may involve water infiltration, foundation deficiencies, structural problems, defective septic systems, drainage issues, unpermitted improvements, boundary encroachments, environmental conditions, or other matters affecting a property’s condition or value.

Bilodeau Capalbo, LLC represents buyers and sellers in disputes involving alleged fraudulent representations, material omissions, inaccurate disclosures, breach of contractual representations, and other claims arising from real estate transactions.

The existence and scope of a disclosure obligation depend on applicable law, the parties’ agreements, the nature of the property, the representations made, and the circumstances surrounding the transaction.

A seller’s failure to disclose a condition does not automatically establish liability. Similarly, the presence of a disclosure form does not necessarily resolve every question concerning the accuracy or completeness of the information provided.

Our attorneys examine purchase and sale agreements, seller disclosures, inspection reports, repair records, property histories, correspondence, and other evidence relevant to the disputed condition.

We evaluate potential claims involving fraud, misrepresentation, breach of contract, and other available causes of action, together with defenses arising from the governing documents and applicable law.

Home Inspector Negligence & Inspection Disputes

Real estate disputes may also involve allegations that a home inspector failed to identify or report material conditions within the scope of an inspection agreement.

Claims against home inspectors require careful analysis of the inspection contract, the written report, applicable statutory and regulatory requirements, contractual limitations, and the specific conditions allegedly overlooked.

Bilodeau Capalbo, LLC evaluates claims involving negligent inspections, inaccurate inspection reports, and contractual obligations arising from residential real estate inspections.

Learn more about our Home Inspector Negligence Practice and Residential Construction Defects Practice.

Commercial Real Estate Transactions & Investment Properties

Commercial real estate transactions frequently involve substantial financial commitments, complex contractual obligations, financing arrangements, due diligence requirements, and potential regulatory issues.

Bilodeau Capalbo, LLC represents commercial property owners, investors, developers, businesses, and lending institutions in matters involving commercial real estate acquisitions, sales, financing, leasing, and disputes.

Our attorneys assist clients in reviewing and negotiating purchase and sale agreements, evaluating title and survey issues, examining contractual contingencies, addressing due diligence matters, and coordinating transactions with lenders, brokers, title companies, and other professionals.

Commercial property transactions may involve office buildings, retail properties, industrial facilities, mixed-use developments, investment properties, and other income-producing real estate.

Our attorneys also represent clients when commercial real estate transactions become disputed, including matters involving defaults, failed closings, deposit disputes, specific performance, contractual damages, and alleged misrepresentations.

Learn more about our Commercial Real Estate Practice and Business Law Practice.

Distressed Real Estate, Loan Workouts & Lender Representation

Bilodeau Capalbo, LLC represents banks, commercial lenders, private lending institutions, and other creditors in matters involving distressed real estate, commercial loan defaults, workouts, foreclosure proceedings, and enforcement of secured obligations.

Our attorneys assist lending institutions in evaluating loan documents, mortgage instruments, guaranties, collateral rights, contractual defaults, and available enforcement remedies.

Commercial loan workouts may involve negotiations concerning repayment schedules, maturity extensions, loan modifications, additional collateral, guarantor obligations, forbearance agreements, and consensual dispositions of secured property.

When negotiated resolutions are unsuccessful or inappropriate, our firm assists lenders in evaluating foreclosure, receivership, litigation, and other available remedies.

Real Estate Receiverships

Receiverships may provide a judicial mechanism for preserving, managing, or disposing of property when the circumstances warrant court intervention.

In appropriate cases, a court-appointed receiver may be authorized to collect income, preserve assets, address maintenance obligations, manage property operations, and undertake other responsibilities established by the appointing court.

The scope of a receiver’s authority depends on the applicable statutory provisions, the court’s order, and the particular property interests involved.

Bilodeau Capalbo, LLC represents clients in disputes involving receivership proceedings, distressed real estate, secured creditor rights, and property management issues.

Learn more about our Receivership Practice and Creditor Rights Practice.

For additional statutory information, consult the Rhode Island General Laws, Chapter 10-21, Receivership.

Condominium Law & Real Estate Ownership Issues

Condominium ownership presents distinct legal issues involving individually owned units, common elements, association governance, maintenance responsibilities, assessments, and restrictions established by recorded condominium documents.

Bilodeau Capalbo, LLC represents condominium associations, condominium boards, developers, property managers, and individual unit owners in condominium-related legal matters.

Our attorneys assist clients with disputes concerning condominium declarations, bylaws, rules and regulations, association assessments, common-element maintenance, construction defects, insurance coverage, property damage, and enforcement of condominium obligations.

Condominium disputes may require analysis of the Rhode Island Condominium Act, the Rhode Island Condominium Ownership Act where applicable, recorded condominium instruments, and the particular rights and responsibilities of the parties.

Our firm’s condominium practice includes litigation involving association governance, board authority, unit owner rights, common elements, assessments, liens, property damage, and requests for declaratory or injunctive relief.

Learn more about our Rhode Island Condominium Law Practice and Construction Law Practice.

Construction Defects Affecting Real Estate

Defective construction can significantly affect the value, safety, usability, and marketability of residential and commercial property.

Bilodeau Capalbo, LLC represents property owners, contractors, developers, and other parties in disputes involving alleged defective workmanship, construction contract violations, water infiltration, structural deficiencies, roofing and siding defects, drainage problems, foundation issues, and other construction-related conditions.

Construction disputes frequently require examination of construction agreements, plans, specifications, inspection reports, contractor communications, payment records, photographs, and expert opinions.

Our attorneys evaluate the applicable contractual obligations, alleged defects, causation, damages, and available remedies.

Learn more about our Rhode Island Construction Law Practice and Residential Construction Defects Practice.

Why Choose Bilodeau Capalbo, LLC for Real Estate Law?

Real estate transactions and disputes frequently involve significant financial investments, contractual obligations, property rights, and business interests. Effective legal representation requires careful attention to the governing documents, applicable law, factual circumstances, and financial consequences of the available options.

Bilodeau Capalbo, LLC combines transactional real estate experience with substantial civil litigation experience. Our attorneys understand that disputes concerning real property may require not only knowledge of real estate law but also the ability to pursue or defend claims through negotiation, mediation, arbitration, and court proceedings.

Our firm represents property owners, purchasers, sellers, investors, developers, condominium associations, businesses, contractors, and lending institutions in matters involving real estate transactions and litigation.

We approach each matter with attention to the client’s objectives, the relevant legal and financial considerations, and the practical consequences of the available remedies.

Our attorneys have experience representing clients in complex real estate disputes, including adverse possession litigation, property ownership controversies, construction-related claims, commercial real estate disputes, and matters requiring appellate review.

In Union Cemetery v. Foisy, Ryan T. Capalbo presented oral argument before the Rhode Island Supreme Court, and Andrew R. Bilodeau assisted in preparing the appellate brief. The firm served as appellate counsel and did not represent the parties at trial.

Whether a client is negotiating a commercial real estate acquisition, addressing a title defect, pursuing specific performance of a purchase and sale agreement, defending an adverse possession claim, or resolving a condominium dispute, Bilodeau Capalbo, LLC provides legal representation directed toward protecting the client’s interests.

Rhode Island Real Estate Lawyers Serving Massachusetts & Connecticut

Bilodeau Capalbo, LLC represents individuals, businesses, real estate investors, property owners, developers, condominium associations, and lending institutions in Rhode Island, Massachusetts, and Connecticut.

Rhode Island remains a principal focus of our real estate practice. Our attorneys also provide representation in Massachusetts and Connecticut real estate matters within their respective areas of practice and professional licensure.

Real estate transactions and litigation are governed by jurisdiction-specific statutes, recording requirements, procedural rules, and substantive legal principles. Our attorneys evaluate the law applicable to each transaction or dispute rather than assuming that the requirements of one state apply in another.

Real Estate Dispute Questions

Our Rhode Island real estate disputes FAQs address defects discovered after purchase, boundary and title conflicts, co-ownership, failed transactions, and condominium repair obligations.

Speak With a Rhode Island Real Estate Lawyer

If you are purchasing or selling real estate, negotiating a commercial transaction, addressing a property ownership dispute, confronting defective construction, or seeking representation in real estate litigation, Bilodeau Capalbo, LLC can assist you in evaluating your legal rights and available options.

Our attorneys represent clients in residential and commercial real estate transactions, real estate litigation, condominium disputes, construction-related claims, commercial leasing matters, and secured creditor disputes.

Contact Bilodeau Capalbo, LLC at 401-300-4055 to discuss your matter and schedule a consultation.

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