Real Estate Law

Bilodeau Capalbo, LLC offers comprehensive legal services in the field of real estate law in Rhode Island. We handle all real estate transactions and real estate litigation, including residential real estate, condominium law, boundary disputes, adverse possession claims, easements, commercial real estate, partition actions, construction defects, zoning and planning, eminent domain, and wetlands issues. Our experienced Rhode Island real estate lawyers cater to a diverse range of professionals involved in real estate, including owners, developers, brokers, agents, contractors, engineers, landlords, tenants, and title companies.

Bilodeau Capalbo, LLC serves a wide array of real estate professionals, whether they are involved in commercial, residential, or industrial real estate. We understand the unique needs and challenges that different real estate sectors present. 

Bilodeau Capalbo, LLC aims to assist our clients in reaching successful real estate deals and preserving their profits. Whether it's negotiating favorable terms, identifying potential pitfalls, or strategizing to maximize returns, or 1031 exchanges, Bilodeau Capalbo’s Rhode Island real estate lawyers provide practical and effective solutions.

In the event of real estate disputes or disagreements, we are equipped to handle conflict resolution. We work with clients to find amicable resolutions, whether through negotiation, mediation, or, if necessary, litigation. Our goal is to protect our clients' interests and achieve the most favorable outcome possible.

Bilodeau Capalbo, LLC understands the specific challenges and concerns that real estate professionals face in their day-to-day operations. Our services cater to commercial, residential, and industrial agents, helping them successfully navigate complex real estate transactions and mitigate the risk of litigation. Here are some key points about our legal services

Transaction Assistance: We assist real estate professionals in closing challenging real estate transactions. Whether it's a commercial property sale, residential property purchase, or industrial real estate deal, our attorneys provide guidance and support to ensure a smooth and successful transaction.

Litigation Support: In the event of a litigation claim involving sellers, buyers, lenders, or borrowers, Bilodeau Capalbo, LLC offers reliable legal representation. We work closely with real estate professionals to understand the nature of the claim and develop effective strategies to resolve the dispute.

Legal Advice and Contract Formation: Bilodeau Capalbo provides trustworthy advice on contract formation, including the drafting and review of contracts, conditions, covenants, and provisions. Our attorneys have a deep understanding of Rhode Island real estate laws and regulations, ensuring that contracts are legally sound and protect the interests of our clients.

Mediation and Conflict Resolution: Bilodeau Capalbo, LLC recognizes the importance of resolving conflicts in a timely and cost-effective manner. We offer mediation services to help parties reach mutually beneficial agreements outside of court. Our attorneys are skilled negotiators who strive to find practical solutions that meet the needs of all parties involved.

Wide Array of Real Estate Needs: Our services extend to various real estate needs beyond transactional and litigation matters. We provide comprehensive legal assistance in areas such as land use and zoning, title examinations, boundary disputes, adverse possession claims, easements, leasing, financing, and more.

Condominium Law

Commercial and Residential Real Estate Attorneys

Bilodeau Capalbo, LLC practices in both residential and commercial real estate law, providing competent and experienced legal representation to clients in Rhode Island. Bilodeau Capalbo can assist you with:

Residential Real Estate: For residential real estate matters, our attorneys are well-versed in handling a range of issues that may arise between property agents, buyers, and sellers. We can provide guidance and representation in cases involving boundary disputes, adverse possession claims, zoning and planning, easements, breach of contract, fraud, misrepresentation, and foreclosure issues. Whether the dispute is minor or complex, our residential real estate attorneys have the necessary knowledge and skills to navigate the legal process and protect the interests of our clients.

Commercial Real Estate: Rhode Island's commercial real estate market is competitive and dynamic, requiring the assistance of skilled and experienced attorneys. Bilodeau Capalbo, LLC understands the complexities involved in buying and selling commercial properties and provides comprehensive legal services to our commercial clients. Bilodeau Capalbo’s commercial real estate attorneys specialize in drafting and negotiating purchase and sale contracts, coordinating successful closings, and navigating lending technicalities that often accompany commercial transactions. We work closely with clients throughout the acquisition or sale process to ensure a smooth and efficient transaction.

Overall, whether it's a residential or commercial real estate matter, Bilodeau Capalbo, LLC has the knowledge and expertise to assist our clients in resolving legal issues and achieving their real estate goals. With our in-depth understanding of real estate law and our commitment to providing personalized and effective legal representation, we are dedicated to protecting the rights and interests of our clients in all aspects of real estate transactions and disputes.

Breach of Contract (Buyer and Seller)

Bilodeau Capalbo, LLC understands the complexities and potential disputes that can arise in real estate transactions, particularly in cases involving breach of contract claims between buyers and sellers. We provide practical advice and guidance to our clients on how to avoid such disputes altogether. However, if a breach of contract claim does arise, our attorneys are skilled in effectively asserting or defending the claim based on whether our client is the buyer or the seller.

For buyers, Bilodeau Capalbo can assist in enforcing the contract through specific performance or seeking damages if the seller has declined to close escrow or if the buyer has encountered issues after removing contingencies. Bilodeau Capalbo will work to protect your rights and help achieve a favorable outcome.

For sellers, Bilodeau Capalbo provides guidance on how to defend against breach of contract claims and protect your interests. We aim to minimize the potential impact on the seller's finances and reputation while working towards a resolution that aligns with the seller's objectives.

Bilodeau Capalbo emphasizes the importance of avoiding such disputes in the first place. We offer our clients advice on how to structure and negotiate contracts to minimize the risk of future conflicts, helping our clients achieve the best possible outcome while keeping costs low.

Fraud, Misrepresentation

Bilodeau Capalbo, LLC has extensive experience in handling claims of fraud or misrepresentation in real estate transactions, representing both buyers and sellers. We understand that such claims can arise when one party alleges that the other party misrepresented material information regarding the property's condition and the buyer relies on that misrepresentation in purchasing the property.

For buyers, we can effectively prosecute claims of fraud or misrepresentation against sellers who have not disclosed important aspects of the property. We work to protect the buyer's interests and seek appropriate remedies for any damages suffered.

For sellers, Bilodeau Capalbo is skilled at defending against claims of fraud or misrepresentation. We carefully analyze the circumstances and help sellers identify potential defenses to such claims, aiming to minimize their exposure and protect their rights.

Bilodeau Capalbo also provides valuable advice regarding the nature of damages that can be expected in these types of disputes. We have a deep understanding of the complexities involved and can offer practical guidance on potential outcomes and strategies to achieve favorable results.

Moreover, Bilodeau Capalbo recognizes the importance of taking preventive measures to avoid these disputes before the closing of an escrow. We provide advice to both buyers and sellers on best practices to minimize the risk of fraud or misrepresentation claims, reduce exposure to potential disputes, and enhance the likelihood of a successful transaction.

Commercial Landlord and Tenant Law (Non-Residential)

Bilodeau Capalbo, LLC is well-versed in representing both landlords and tenants in real estate disputes, ensuring that the rights and interests of their clients are protected.

For landlords, we offer comprehensive representation to safeguard their rights and maximize profitability in both residential and commercial properties. We assist landlords in the eviction process, ensuring compliance with all relevant laws and regulations. By adhering to both substantive and procedural requirements, Bilodeau Capalbo helps landlords avoid delays, unnecessary expenses, and potential liability for wrongful eviction or criminal sanctions.

For tenants, particularly non-residential commercial tenants, Bilodeau Capalbo provides effective representation to protect their rights in cases of unwarranted eviction or other legal disputes. We understand the unique challenges faced by commercial tenants and work diligently to advocate for their interests and ensure fair treatment.

Bilodeau Capalbo's attorneys are knowledgeable about landlord-tenant laws and regulations, enabling us to provide sound legal advice and representation to our clients. Whether it involves negotiating lease agreements, addressing lease violations, resolving disputes, or defending against wrongful eviction, Bilodeau Capalbo is dedicated to achieving the best possible outcomes for our clients.

Foreclosure – Lender Representation Only

Bilodeau Capalbo, LLC has extensive experience and expertise in advising lenders on the various remedies available when real estate loans go into default. We have been providing guidance and legal assistance to lenders for over 15 years in matters related to loan workouts, loan modifications, and the foreclosure process.

When a real estate loan defaults, it is crucial for lenders to explore all available options to mitigate their losses and protect their interests. The attorneys at Bilodeau Capalbo understand the complexities of loan workouts and loan modifications, and we can provide strategic advice on how to navigate these processes effectively. We work closely with lenders to develop customized solutions that align with their specific goals and objectives.

In cases where foreclosure becomes necessary, Bilodeau Capalbo is well-versed in the legal procedures and requirements involved in conducting a foreclosure. We have successfully handled numerous foreclosures in Rhode Island and Connecticut. We guide lenders through the foreclosure process, ensuring compliance with applicable laws and regulations. Our goal is to help lenders achieve the most favorable outcome possible while minimizing potential risks and liabilities.

By engaging with Bilodeau Capalbo, lenders can benefit from our deep understanding of real estate lending practices and our extensive knowledge of foreclosure laws. We are committed to providing reliable and practical advice to lenders, assisting them in making informed decisions and taking appropriate actions to protect their interests in loan default situations.

Overall, Bilodeau Capalbo's expertise in loan workouts, loan modifications, and foreclosure matters positions us as a trusted legal partner for lenders seeking effective remedies and solutions in real estate loan defaults.

Lease: Residential and Commercial

Bilodeau Capalbo, LLC has a comprehensive understanding and expertise in the realm of residential and commercial leases. Here is a short list of some of the legal services we provide in that area:

Lease Preparation: Bilodeau Capalbo guides the lease preparation process from beginning to end, understanding the unique needs of our clients, whether they are landlords or tenants, individuals, or corporations, and regardless of the size of the lease in question.

Drafting and Negotiation: We pride ourselves on meticulous drafting and skillful negotiation, ensuring that the lease agreement serves the best interests of our clients and fosters a healthy landlord-tenant relationship.

Dispute Resolution: Despite the thoroughness of a lease, disputes may arise over its provisions. Bilodeau Capalbo, LLC is equipped to analyze these disputes in the context of our client’s ultimate goals and devise a strategy to resolve them.

Commercial Disputes: Bilodeau Capalbo handles a wide array of commercial disputes related to leasing. This includes enforcement of exclusive use provisions, commercial unlawful detainer, property management, tenant improvement issues, assignments, leasing, pass-through provisions, Common Area Maintenance (CAM), recapture provisions, brokerage agreements, and more.

Whether you're entering into a new lease, renegotiating an existing one, or dealing with a dispute, Bilodeau Capalbo, LLC is here to help you navigate the process. Our firm's deep understanding of the many potential issues that can arise in the realm of leasing, combined with our dedication to understanding and achieving our clients' objectives, makes us a strong ally in any leasing situation.

Lease Assignment and Subletting Negotiation

Bilodeau Capalbo, LLC's expertise can be very beneficial in managing the complexities of assignments and subletting in lease agreements. More detailed information of the process is outlined below:

Assignment: If a tenant decides to transfer their entire interest in the leased property to another party, this process is known as an assignment. This is particularly useful when tenants can no longer fulfill their obligations under the lease terms. The new tenant, or assignee, takes on the responsibilities and rights of the original lease. However, the original tenant, or assignor, may remain liable if the new tenant fails to meet the lease's obligations, unless the landlord explicitly releases the original tenant from such responsibilities.

Subletting: Subletting involves transferring a portion of the leasehold interest to a new party, known as a subtenant. This could include a part of the leased property or a fraction of the lease term. Here, the original tenant, or sublessor, still holds primary liability for the obligations under the lease agreement with the landlord.

Both assignment and subletting can be effective strategies for tenants who find themselves unable to adhere to their original lease agreements. This can help to mitigate their liability and potential losses. However, it's important to remember that these actions typically require the landlord's written consent, as stipulated in the original lease agreement.

Navigating the specifics of these transactions can be complex, and this is where the expert guidance of Bilodeau Capalbo, LLC comes in. We can analyze the specific lease agreement, advise on the best course of action, and ensure that the process is carried out in accordance with all legal requirements.

Purchase and Sale

Bilodeau Capalbo, LLC offers a comprehensive suite of legal services related to real estate transactions, with a focus on avoiding disputes through thorough proper planning and precise contract drafting. Here's a short summary of some of the legal services we offer:

Purchase and Sale Agreements: We have extensive experience handling issues related to purchase and sale agreements. We understand the unique characteristics of real property and take necessary steps to protect client interests and enforce the terms of the purchase agreement.

Dispute Resolution: Bilodeau Capalbo handles a range of disputes that may arise during the purchase or sale of a property, including specific performance cases, disputes over liquidated damages provisions, escrow deposits, broker and agent representation disputes, home inspector negligence, and rights of redemption.

Transaction Completion: Our primary goal is to ensure the completion of the transaction. We handle issues that may jeopardize the closing, such as missing or incorrect loan documents or last-minute title problems.

Acquisition and Sale: We assist with the acquisition and sale of both residential and commercial properties. This includes negotiating, drafting, and executing purchase and sale contracts, overseeing due diligence, and coordinating with lenders, brokers, and title companies.

Title Advice: Bilodeau Capalbo advise clients on the best way to hold title to real estate, considering the legal peculiarities of the state, such as Rhode Island being a community property state. We aim to ensure that the title is passed in a timely manner without unexpected surprises, stress, and excess expense.

Bilodeau Capalbo, LLC's approach to real estate transactions, which combines meticulous planning with expert negotiation and dispute resolution, can be a valuable asset to our clients navigating the complexities of real estate transactions. Whether our client needs comprehensive assistance or just some advice, Bilodeau Capalbo, LLC is prepared to help in a cost-effective manner.

Financing Disputes and Litigation

Bilodeau Capalbo's expertise extends to managing financing disputes, where we represent lenders only. Our legal services in this area include but are not limited to:

Dispute Representation: We provide legal representation for lenders involved in financing disputes. This involves understanding the unique perspectives of each party and developing a legal strategy that best protects our client's interests.

Preventive Counseling: In addition to dispute resolution, we also provide counseling to help clients avoid potential disputes. This may involve reviewing the terms of loans and advising clients on best practices and potential pitfalls. By understanding the specific issues that often lead to financing disputes, we help our clients anticipate and mitigate these issues.

Education: We strive to educate our clients on the complexities of financing disputes. By imparting our knowledge and experience, we empower our clients to make informed decisions and better navigate the financial landscape.

Whether you're a bank, lending institution or a private lender, Bilodeau Capalbo, LLC can provide valuable guidance and representation in financing disputes. Our approach, which combines strong advocacy with proactive counseling and client education, can be a significant advantage in both preventing and resolving disputes.

Unlawful Detainer

Unlawful Detainer is a legal procedure used by landlords to evict tenants who have violated the terms of their lease, most commonly by failing to pay rent or not complying with a lease covenant. In Rhode Island, as in many other states, this process is regulated by specific laws and procedures to ensure fairness for all parties involved. Bilodeau Capalbo, LLC provides comprehensive services throughout this process.

What is a 1031 Exchange?

A 1031 exchange, also known as a like-kind exchange, is a strategy used by financially savvy investors to defer capital gains tax that may arise from the sale of a business or investment property. The tax deferral is possible if the proceeds from the sale are reinvested into a similar property or properties of equal or greater value.

Easements

An easement is generally the right to use the real property of another. This grants the right to use the property of another. Bilodeau Capalbo’s experience includes negotiating easements, drafting and creating easements between adjacent landowners, litigating easement by acquiescence, litigating implied easements, litigating easements by necessity and litigating easement disputes. We may help you negotiate a positive arrangement in which all parties may benefit.

What is Adverse Possession?

In Rhode Island, a claim for adverse possession requires the claimant to prove "actual, open, notorious, hostile, continuous, and exclusive" use of the property for at least ten (10) years. The claimant can tack the use of a predecessor in title in order to fulfill this element. The claimant must establish these elements by "strict proof" or "clear and convincing evidence."

Adverse Possession and Partition Actions

Bilodeau Capalbo, LLC has significant experience in handling property ownership disputes, including partition actions and adverse possession claims. Below is a very brief overview of our approach in these matters:

Partition Actions: In cases where co-owners of a property disagree on retaining ownership, Bilodeau Capalbo may bring a partition action to help resolve the dispute. This legal action seeks to divide the property fairly among the co-owners or, if the property cannot be divided, sell it and distribute the proceeds accordingly. Bilodeau Capalbo takes all necessary steps to protect their client's interests, such as recording a lis pendens (notice of pending action) on the property at the city or town recorder's office. They also actively pursue settlement options to avoid costly court and trustee expenses.

Adverse Possession Claims: In Rhode Island, Bilodeau Capalbo has experience in both prosecuting and defending adverse possession claims, we have also been successful in overturning adverse possession trial decisions by appealing to the Supreme Court. Bilodeau Capalbo takes appropriate steps to protect their client's interests, including recording a lis pendens on the property and filing an action in the Superior Court for adverse possession, quiet title, declaratory judgment and if necessary, a restraining order.

In both partition actions and adverse possession claims, Bilodeau Capalbo is dedicated to ensuring that our clients' interests are protected and that disputes are resolved in the most efficient and cost-effective manner possible. Our extensive experience in these matters makes us a valuable resource for our clients facing property ownership disputes.

Nondisclosure

Bilodeau Capalbo provides legal representation for clients who are dealing with non-disclosure issues in real estate transactions. This typically happens when a seller fails to disclose known defects in the property that they sold. Here's a little insight into how we approach these cases:

Investigation: We begin by investigating the nature of the defect in question. This involves understanding what the defect is, how it affects the property, and whether the seller was or should have been aware of it.

Cost Assessment: Bilodeau Capalbo helps our clients understand the cost to rectify the defect. This can be important in determining the potential damages in a legal claim.

Protection of Rights: Bilodeau Capalbo actively works to protect our clients' rights in these situations. This could involve negotiations with the seller or their representative, or it could involve taking the matter to court.

Disclosure Evaluation: The presence of a written disclosure often influences the outcome of these cases. If the seller disclosed the defect in writing, they're often not liable for it. However, the timing of the disclosure could also affect the buyer's potential entitlement to damages.

It's important to note that each case is unique. Non-disclosure issues in real estate transactions can be complex and Bilodeau Capalbo, LLC's experience in these matters can be an invaluable resource for our clients dealing with non-disclosure issues.

Bilodeau Capalbo, LLC’s Rhode Island Real Estate Attorneys represent 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