Welcome to your daily briefing on real estate developments in Rhode Island. Today we're covering 5 key stories including updates on rhode island real estate headlines, background & context. Let's dive in.
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The Rhode Island Bar Association, the mandatory bar association for the state, connects legal professionals in Cranston and beyond.
Membership offers valuable networking opportunities and resources for legal professionals in Rhode Island.
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A Phase I ESA is required for most commercial loans and is strongly recommended whenever a site has had industrial, gas-station, dry-cleaner, or auto-repair use in its history. The ESA itself does not test soil — it researches historical use and identifies Recognized Environmental Conditions that may justify a Phase II (which does test).
CERCLA liability for contamination attaches to current owners regardless of who caused the contamination. A Phase I performed before purchase establishes the "innocent landowner" defense, which is otherwise nearly impossible to claim.
A 1031 like-kind exchange has three hard clocks: the 45-day identification window, the 180-day close window, and the same-taxpayer rule (the entity selling and buying must match). Missing any one of these collapses the deferral, exposing the full gain to tax. The most-missed is the same-taxpayer rule when LLCs change membership mid-exchange.
The tax exposure on a busted exchange is the full long-term capital gain plus depreciation recapture — often 25-30% of the basis difference. Process discipline is the only protection.
Beyond the standard CC&Rs, four documents predict future assessment risk: the reserve study (is the association underfunded?), the most recent two annual budgets, the delinquency report (what % of owners are behind?), and any pending litigation. A reserve-study funding ratio below 30% is a yellow flag; below 10% is red.
Special assessments in underfunded associations routinely run $10K-$50K per unit and arrive with little notice. The reserve study is a legally required disclosure in most states — but most buyers never ask for it.
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