Real Estate Law
- Review and negotiation of the purchase and sale agreement (P&S),
- Explanation of the P&S and mortgage commitment to the buyer,
- Resolving any issues (including issues of repair, termite damage, etc.) prior to closing,
- Correspondence with the seller’s attorney, title company and mortgage company,
- Preparation for closing, including reviewing necessary title work,
- Review of mortgage commitment and title commitment, and Representation at closing.
Property matters can be complicated and often involve challenging legal issues. Making things more challenging, the state and federal laws and local ordinances related to real estate change regularly. Thus, most people need the assistance of a Rhode Island real estate lawyer who is well-versed in these matters. At Bilodeau Capalbo, LLC, we can represent clients in Rhode Island, Connecticut, and Massachusetts in connection with their property rights and interests. Our firm can assist with negotiating and drafting purchase and sale agreements, handling issues with title, fighting adverse possession claims, navigating zoning and land use issues, settling and litigating claims, fighting foreclosures, resolving boundary line disputes, representing developers, and handling residential and commercial closings. We also help clients who are dividing their property during a divorce to make sure that their rights are protected.The Complexities of Real Estate Matters
Buying or selling a home or another piece of property is a huge financial decision. Usually, it is vital to deal with real estate brokers and to understand the professional responsibilities and roles that they play in a real estate transaction. A real estate broker is usually the first point of contact for a buyer. The broker helps determine property needs and shows appropriate pieces of property. The broker will get a commission from the seller, unless they are specifically a buyer's broker. When a broker is acting as a buyer's broker, they are supposed to provide a disclosure form to that effect.
While a broker may be able to prepare an offer to purchase or a purchase and sale agreement, you need to have your own attorney to ensure that the offer and the purchase and sale agreement adequately represent your interests and expectations. A real estate attorney in Rhode Island or elsewhere will owe a duty of loyalty and professional care to you, rather than the seller. Among other things, a real estate attorney can ensure that appropriate contingencies are built into the agreement. For example, the purchase of a home should be contingent on a satisfactory home inspection, since the value of the home may be very different if there are unreported problems or latent defects. Home inspections can include a cursory inspection of structural elements, HVAC, and wastewater, sewage, and electrical systems, as well as checking for the presence of pests, radon, or lead paint.
An offer to purchase is important, but the purchase and sale agreement is often the most important written document in a real estate transaction. It binds a buyer to buy a piece of property, and it binds the seller to sell it, as long as the agreement's terms are met. Many purchase and sale agreements vary from standard pre-printed forms to favor one or the other party or to address aspects of a piece of property that are unique. A purchase and sale agreement often includes a legal description of the real estate, the personal property included in the sale, the purchase price and deposit, the time and place of closing, a discussion of how the real estate taxes and assessments will be split, contingencies such as a satisfactory home inspection and securing a mortgage, insurance coverage maintained by the seller, and the amount of damages that will be payable if the buyer or seller breaches.
A Rhode Island real estate attorney should perform the title examination. A title examination involves reviewing public records and examining the chain of title to make sure that the seller actually owns the property and to figure out if anybody else has a claim against the property.
Most people need to obtain a mortgage in order to buy a home, since few people have sufficient cash to buy a home outright. A mortgage is a loan that is secured by your home. If you fail to pay it, the bank or other lender can foreclose and take the property. Usually, lenders require a buyer to obtain a title insurance policy in the insurer's name in case there is a defect in the title. For some owners, it also makes sense to obtain an owner's title insurance policy.Retain a Real Estate Lawyer in Rhode Island or Surrounding States
Don’t let the thrill of purchasing your home cloud your vision; before you sign that purchase and sale agreement, consult an experienced real estate attorney. If you are concerned about a property transaction or dispute in Rhode Island, it is important to consult an experienced attorney. At Bilodeau Capalbo, LLC, we maintain close and trusting relationships with clients throughout Rhode Island, Massachusetts, and Connecticut. We have offices in West Warwick, and Hartford, CT. Call us at 401-300-4055 or contact us through our online form to set up an appointment.
Bilodeau Capalbo, LLC represents clients in Woonsocket, Burrillville, Chepachet, Smithfield, Scituate, Coventry, West Greenwich, Exeter, North Kingstown, East Greenwich, Warwick, Cranston, Providence, Pawtucket, Central Falls, East Providence, Warren, Bristol, Barrington, Little Compton, Tiverton, Middletown, Portsmouth, Newport, South Kingstown, Charlestown, Hopkinton, Ashaway, Richmond, Narragansett, New Shoreham, West Warwick, Cumberland, Foster, Glocester, Johnston, Lincoln, North Providence and Westerly