What does a residential real estate attorney do?

A residential real estate attorney manages the legal aspects of buying, selling, and owning property. This includes drafting and reviewing agreements, examining title, coordinating closings, and resolving disputes at any stage of the transaction.

In Rhode Island, Massachusetts, and Connecticut, attorneys are central to real estate closings, unlike states where title companies handle this process. Typically, both buyer and seller have their own attorney.

Real estate attorneys also address foreclosure defense, landlord-tenant disputes, zoning issues, property tax appeals, and title defects. If a property issue arises, consult an attorney promptly to prevent escalation.

Do I need a real estate attorney if I already have a realtor?

Yes. A realtor assists with finding and negotiating a property, while an attorney safeguards your legal interests throughout the transaction.

Realtors are not attorneys and cannot provide legal advice, review agreements for legal issues, identify title problems, or advise on your rights if a deal fails. These are attorney responsibilities.

In Rhode Island, both buyer and seller customarily have their own attorney at closing. The cost is modest compared to the protection it offers.

What is a title examination and why does it matter?

A title examination reviews public records for a property to confirm the seller’s ownership and ensure no other claims exist.

Title searches may reveal unpaid mortgages, tax or judgment liens, easements, boundary disputes, or deed errors. These issues can impact your ability to buy, sell, or use the property.

Any title problem must be resolved before closing. Some issues may date back decades and require substantial legal work to address.

What is title insurance and do I need it?

Title insurance protects against claims arising after closing due to pre-existing issues. Even thorough title searches can miss problems, so title insurance fills this gap.

There are two types: lender’s title insurance, which protects the mortgage lender and is typically required, and owner’s title insurance, which protects the buyer and is strongly recommended.

If a claim arises after closing, such as a missing heir, fraudulent deed, or undisclosed lien, title insurance covers legal defense and losses up to the policy amount. It is a one-time premium paid at closing and remains in effect as long as you own the property.

What is a purchase and sale agreement?

A purchase and sale agreement is a binding contract between buyer and seller that sets the transaction’s terms, including price, closing date, contingencies, deposit, included items, and remedies for nonperformance.

Most residential transactions in Rhode Island start with an offer to purchase, followed by a more detailed purchase and sale agreement. Both documents are legally binding once signed.

Have an attorney review any purchase and sale agreement before signing. Negotiating changes is much easier before the agreement is executed.

What does “time is of the essence” mean in a real estate contract?

A time is of the essence clause makes contract deadlines strict. Missing a deadline, even by one day, may be considered a breach of contract.

This clause often applies to the closing date. If closing does not occur as specified, the other party may cancel the contract and retain the deposit.

Not all real estate contracts include this language. In Rhode Island and Massachusetts, courts sometimes find deadlines time-sensitive even if not stated explicitly. An attorney can advise you on the implications of any deadline before you agree.

You can learn more in this article. 

What happens at a real estate closing?

A closing is the final step in a real estate transaction. It is the meeting where ownership of the property legally transfers from seller to buyer.

At closing, the buyer and seller sign final documents, the buyer provides remaining funds, the lender funds the loan if applicable, the attorney records the deed and mortgage, and the seller receives net proceeds.

In Rhode Island, the closing attorney usually represents the lender but has duties to all parties. Buyers and sellers should have their own attorneys review closing documents in advance to avoid surprises.

What does recording a deed mean?

Recording a deed involves filing it with the city or town clerk or registry of deeds where the property is located, creating a public record of ownership.

Recording protects against future ownership claims, establishes the start date of your ownership, and notifies lenders, buyers, and courts that the property is yours.

If a deed is not recorded, a later good-faith buyer without notice of your unrecorded deed may have priority. Prompt recording after closing is essential.

What is foreclosure and what are my options if I am facing it?

Foreclosure is the legal process a lender uses to take oForeclosure is the process by which a lender takes ownership when a borrower stops making mortgage payments. In Rhode Island, most foreclosures are non-judicial and can proceed without a court order if the mortgage includes a power of sale clause.odification allows you to renegotiate the terms of your mortgage with the lender. A short sale lets you sell the property for less than what you owe, with lender approval. A deed in lieu of foreclosure transfers ownership to the lender in exchange for release from the debt. And in some cases, a bankruptcy filing triggers an automatic stay that temporarily halts foreclosure proceedings.

Acting early provides more options. If you have missed payments or received a default notice, consult an attorney promptly.

What are my rights as a landlord or tenant in Rhode Island?

Rhode Island has specific statutes governing the landlord-tenant relationship. Landlords must maintain properties in habitable condition, provide proper notice before entry, follow specific procedures for raising rent or ending tenancies, and comply with security deposit rules.

Tenants have the right to a habitable dwelling, protection from retaliation for exercising legal rights, proper notice before eviction, and return of their security deposit within 20 days of vacating, minus any lawful deductions.

Eviction in Rhode Island requires specific procedures. Landlords cannot change locks or remove belongings without due process. Tenants should understand their right to respond to eviction notices before a court date.

Massachusetts and Connecticut have their own landlord-tenant laws with different notice requirements, rent control provisions in some municipalities, and eviction procedures. If your property or tenancy is in one of those states, different rules apply.

What is a property tax appeal and when does it make sense?

Property taxes are based on the assessed value set by the local assessor. If you believe your assessment exceeds market value, you may appeal.

Appeals must be filed within specific deadlines after the assessment notice is issued. Missing the deadline typically means waiting until the next assessment cycle.

To succeed on appeal, you need evidence that the property’s market value is lower than assessed, such as a recent appraisal, comparable sales, or documentation of conditions affecting value.

A successful appeal reduces your tax bill, and you may be eligible for a refund of taxes already paid. An attorney can advise if an appeal is warranted and assist with your case.

What is adverse possession and how does it affect my property?

Adverse possession allows someone who openly and continuously occupies another’s property for a set period to claim legal ownership. In Rhode Island, the period is ten years.

Adverse possession claims often result from unaddressed encroachments, such as a neighbor’s fence, driveway, or structure on your land. Over time, these can become legal claims.

To protect against adverse possession, monitor your boundaries, address encroachments promptly, and obtain a survey if needed. If you receive notice of a claim, consult an attorney immediately.

What zoning issues come up in residential real estate transactions?

Zoning dictates permitted property uses. Before buying, confirm that current and intended uses comply with zoning regulations.

Common zoning issues include unauthorized uses, unpermitted accessory structures, short-term rental restrictions, and minimum lot size or setback requirements affecting construction.

Rhode Island municipalities have varying zoning ordinances and processes for variances or special use permits. Identify any zoning issues before closing.

Does SR&T handle real estate matters across Rhode Island, Massachusetts, and Connecticut?

Yes. Sayer, Regan & Thayer handles residential real estate matters in Rhode Island, Massachusetts, and Connecticut. Our attorneys are licensed in all three states and regularly represent buyers, sellers, landlords, and homeowners throughout the region.

Our offices are in Newport and Wakefield. For clients unable to visit, we can arrange alternative meeting locations or handle matters remotely as appropriate.

To speak with one of our real estate attorneys, call our Newport office at 401-849-3040 or our Wakefield office at 401-789-1616.