Practice Areas and Legal Definitions

Real Estate Negotiations:
In major financial transactions, especially those involving real estate properties, it’s important to have a knowledgeable negotiator working for you, one who knows the law and whose loyalty to you is undivided.  Real estate brokers and agents depend on sales commissions for their livelihood.  If the sale does not occur they receive nothing for their time and energy, and this can create a conflict of interest.  You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected.

Title Clearance Issues:
In large urban centers title insurance has reduced the need for in-depth title searches by real estate lawyers, but this is not necessarily the case in rural areas of the state.  As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print.  Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it.  If you find things in the title policy you don’t understand, your real estate attorney can explain them to you and can also point to you any items that need to be challenged and resolved.  Given the amount of money involved in modern real estate transactions, it is critical to make certain that title problems are not going to make the deal a disaster.

Quiet Title Matters:
Sometimes a particular piece of real property has title defects of such significance that no sale or other transfer of ownership can occur until they are resolved.  The usual method of clearing title defects is a lawsuit called a “Quiet Title” action.  In the Quiet Title action, the Court would receive and consider evidence on the issue, and if satisfied that the judgment had been discharged, would issue an order dissolving (removing) the judgment lien.

Real Estate Document Preparation:
Whatever may be said during real estate negotiations, whatever promises may have been made, it is the final written documents that will control what happens.  Many of the closing documents involve the completion of pre-printed forms, but sometimes the details of a particular transaction require modification of a form to provide adequate protection.  Your real estate attorney can either prepare all of the documents, or can review the documents that have been prepared, explaining them to you and suggesting changes, as needed, for your benefit.

Closing Attorney Representation:
The majority of transactions are concluded routinely, with no unanticipated problems and as it may well appear after the fact, no need for legal representation during the closing.  There is no legal requirement for representation by counsel at the closing, but most lenders and prudent investors will do so.  It is at closing that critical disputes often arise concerning the language in a particular clause or some other technical aspect of the transaction.

Sales Breach Issues:
Once a written agreement has been executed by both parties to a real estate transaction its provisions are legally binding.  Which judicial remedies, if any, may be available for the breach of the agreement depends on a variety of factors.  There may, for example, be remedies available to the Buyer if the Seller breaches that are not available to the Seller, if the Buyer is the breaching party.

Land Development Issues:
Land development projects grow more difficult and complex with each passing year.  Your real estate lawyer can guide you through the labyrinth of zoning regulations, environmental agency requirements, building, fire and safety codes and the various other requirements for doing business in this complicated field of real estate.

Landlord/Tenant Issues:
As with any other agreement, if one side fails to perform obligations under a lease, the other side may bring a lawsuit to enforce the obligations.  The most common cause of litigation between Landlord and Tenant involves the non-payment of rent.  Rhode Island law tries to provide a speedy legal remedy for landlords, featuring a sharp reduction in the time permitted for a defendant to respond, and giving the case preference over most other types of cases on the court calendar for an early hearing date.  The procedure is called an “Unlawful Detainer.”

In many ways, Unlawful Detainer actions are tilted, procedurally, in favor of the landlord over the tenant.  Because of this, Courts are extremely strict in the enforcement of the landlord’s procedural obligations.  A very slight technical violation on the part of the landlord can cause an Unlawful Detainer action to be dismissed by the Court. It can be re-filed, of course, but the unpaid rent continues to mount while that is being done.

Foreclosure Issues:
When mortgage payments fall behind, the lender may ultimately take steps to foreclose.  Sometimes the best course is to seek temporary relief in the United States Bankruptcy Court.  Since the mortgage is a “secured” debt, it cannot be discharged in bankruptcy.  The filing of a bankruptcy petition triggers an automatic federal court order temporarily staying (suspending) any pending foreclosure sale.  With the additional time provided by the stay, the defaulting borrower can often make arraignments to sell the real property for a much higher price than would be obtained in a foreclosure sale.

Essentially, a foreclosure sale involves sale of the real estate at public auction.  The proceeds of the sale are then applied against the debt owed on the mortgage.  Any funds remaining after the mortgage (and the foreclosure costs) are paid will be transferred to the defaulting borrower.  What happens when the proceeds of the auction sale are insufficient to pay off the mortgage and/or the foreclosure costs depends on the law where the property is located.

As a general rule, specified land uses are compatible.  You cannot, for example, put in a dairy herd, a shopping mall or an office building on land zoned for residential use.  It is sometimes possible to persuade local authorities to change the zoning for a particular area, but it can be very difficult, very expensive and it can take a long time.  In some cases it is possible to secure a zoning variance.  A variance is in the nature of an “exemption” for the particular parcel of real estate, from a particular zoning requirement.  Zoning changes and variances both involve extremely complex and difficult legal and political skills and often require public hearings before governmental agencies.

If you or someone you know needs the assistance of an experienced Providence, Rhode Island Real Estate lawyer, call Nicholas Barrett & Associates today at 866-584-3968, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced Providence, Rhode Island Real Estate lawyer, call Nicholas Barrett & Associates today at 866-584-3968, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Nicholas Barrett & Associates
999 South Broadway
East Providence, RI 02914
Phone: 866-584-3968
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours

MEMBERS OF THE FIRM:

Attorney Nicholas C. Barrett

• Jurisdictions Attorney is Licensed in: Rhode Island & Massachusetts
• Date Admitted to the Bar: RI 1981, MA 1980
• Education: Suffolk College, NY; Business: A.A.S.; 1969; University of Miami, Florida, Business B.B.A. 1972, and Suffolk University Law School, Boston, M.A., J.D.. Cum Laude, June 1980
• Professional Memberships & Achievements: AFN, Legal League 100, ACA, DBA International, CEO Club Boston

Attorney Eileen O. Smith>

• Jurisdictions Attorney is Licensed in: Connecticut & Rhode Island
• Date Admitted to the Bar: CT 1993, RI 199, US DIST CT 1997, US DIST RI 1999
• Education: Ucon 1987, B.A. English; Ucon Law, 1993
• Professional Memberships & Achievements: RI Bar Association

Attorney Patricia Davis>

• Jurisdictions Attorney is Licensed in: MA, RI, CT
• Date Admitted to the Bar: RI 1989, MA 1990, CT 2001
• Education: Providence College, 1981
• Professional Memberships & Achievements: ABI, MBA, RIBA

Attorney Katherine Bosma

• Jurisdictions Attorney is Licensed in: RI, MA, DC
• Date Admitted to the Bar: RI 2007, MA 2007, DC 2009
• Education: UNC Chaple Hill, 2001; Campbell Univ Law, 2007
• Professional Memberships & Achievements: RIBA, MA Bar, DC Bar

Attorney Joseph Dolben>

• Jurisdictions Attorney is Licensed in: RI, MA
• Date Admitted to the Bar: RI 2008, MA 2008
• Education: U of Main 2004, Roger Williams School of Law, 2008
• Professional Memberships & Achievements: RI Bar

Attorney Brian Kiser>

• Jurisdictions Attorney is Licensed in: RI, MA
• Date Admitted to the Bar: MA 2008, RI 2009
• Education: James Madison University, 2003; Roger Williams School of Law, 2008
• Professional Memberships & Achievements: RIBA, MA Bar, DC Bar