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Rhode Island Legal Blog

Friday, September 14, 2018

Neighbor Disputes: Property Boundaries

Disputes with neighbors can range widely, from loud parties, to poor upkeep, to boundary encroachments. If you are like most property owners, you take great pride in your land, and you do not want anyone to use property that is rightfully yours. When neighbors start taking down shrubs, planting trees, or putting up fences on your property, that is exactly what they are doing—using your real estate. What can you do to deal with these issues?

Know Your Property Lines

Many people generally understand where their property reaches, but they may not know precisely where the property line is located. In many situations, merely pointing out where you think your property lines lie can halt encroachments in their tracks. In other circumstances, it may be a good idea to call in a professional.

You can get a formal land survey done that indicates exactly where your property ends and where your neighbor’s land begins. Having this information can be extremely valuable in dealing with any boundary issues. You may learn that you have misunderstood where your property line is located, or that your neighbor was mistaken about where your property begins.

Land surveys do cost money, but some neighbors will agree to split the costs. In other situations, it may be worth the expense to avoid litigation down the road.

Common Property-Related Problems

Many property-related disputes have similar causes. These may include:


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Friday, September 7, 2018

Real Estate Contracts 101: Breach by Seller

Residential real estate transactions typically involve the signing of a contract between a prospective buyer and owner. In most cases, both parties follow through with their contractual commitments. However, sellers of real estate sometimes attempt to cancel the contract—a situation that forces the buyer to either accept the default or initiate legal action.


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Monday, September 3, 2018

An Overview of the Residential Real Estate Sales Process

Residential real estate sales can be overwhelming and confusing. Thankfully, the  process is similar for every transaction. This means t you can prepare long before you find the right home, here’s how.

The Listing Agreement

If you are selling your home, you will start with creating a listing agreement. This agreement sets the asking s price,   the commission your real estate agent will be paid, and also specifies the length of time the property will be listed, that is, remain on the market.

In a listing agreement, , you may also be required to disclose certain physical information about the property, such as the age or condition of the roof and any significant problems you have experienced. You are also required by  federal law to disclose any known lead-based paint used in the home.

All of this information is vital to buyers who are considering purchasing the home. Whether you are a buyer or a seller, you will start the process with a listing agreement, if you are using a real estate agent. You may also list your home for sale yourself. There is no requirement to use a realtor and no need to have a listing agreement. Instead, you simply start advertising  the home for sale independently. .


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Friday, August 31, 2018

Can My Employer Enforce a Covenant Not to Compete?

Many employers require their employees to sign agreements which contain covenants not to compete with the company.  The enforceability of these restrictive provisions varies from state-to-state and depends on a variety of factors. A former employee who violates an enforceable non-compete agreement may be ordered to cease competitive activity and pay damages to the former employer.  In other covenants, the restrictions may be deemed too restrictive and an undue restraint of trade.

A covenant not to compete is a promise by an employee that he or she will not compete with his or her employer for a specified period of time and/or within a particular geographic location. It may be contained within an employment agreement, or may be a separate contract. Agreements which prevent employees from competing with the employer while employed are enforceable in every jurisdiction. However, agreements which affect an employee’s conduct after employment termination are subject to stricter requirements regarding “reasonableness,” and are generally disallowed in some states, such as California which has enacted statutes against such agreements except in very narrow circumstances.


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Friday, August 17, 2018

Family Business: Preserving Your Legacy for Generations to Come

Your family-owned business is not just one of your most significant assets, it is also your legacy. Both must be protected by implementing a transition plan to arrange for transfer to your children or other loved ones upon your retirement or death.

More than 70 percent of family businesses do not survive the transition to the next generation. Ensuring your family does not fall victim to the same fate requires a unique combination of proper estate and tax planning, business acumen and common-sense communication with those closest to you. Below are some steps you can take today to make sure your family business continues from generation to generation.


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Thursday, August 9, 2018

Not All Estates Must Go Through Probate

Upon the passing of a loved one, there is a good chance that their estate will go through the probate process. Probate involves many things, but generally refers to the process of distributing assets of the deceased to the heirs. While often necessary, probate can be time consuming and complicated.


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Friday, August 3, 2018

Where to Incorporate Your Small Business

Should you incorporate your business in your home state? What about Delaware or Nevada, long known as havens for corporate entities? This decision should not be taken lightly because incorporating your business in a particular state will determine, to a significant extent, the laws that will apply to your business.

Often times, the best choice for corporate jurisdiction is the home state where your business is located.  There are several reasons for this. First, filing in a different state will not absolve you of the obligation to pay corporate taxes and comply with filing requirements in the state where your corporation has its operations. For example, if the corporation is located in California it will be subject to California fees and taxes, either as a domestic California Corporationor as a “foreign corporation” doing business in California. Additionally, if you are incorporated in a state other than where you are physically located, you will likely incur another set of filing fees and expenses for a registered agent who is physically located in the state of incorporation.


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Friday, July 27, 2018

Buying Out a Partner When There Is No Shareholders’ Agreement in Place

Like most relationships, business partnerships frequently experience highs and lows, with periods of both prosperity and turmoil. When ongoing disagreements cannot be resolved, or one partner decides to leave the business, the remaining partner(s) often seeks to buy out the shares of the departing party. If there is no shareholders’ agreement in place, and the partners are in agreement, the dissolution of the partnership can usually be accomplished with the help of a qualified business law attorney and a CPA.

If the business is a corporation, the purchase would likely be structured as a stock sale. In essence, one party would purchase the exiting partner’s shares of stock in the corporation, in exchange for the purchase price. The purchase price could either be paid up front at the closing, or some, or even all, could be paid to him over a period of time. If any of the purchase price is to be paid over a period of time there normally would be a promissory note that the remaining partner(s) would sign documenting that the departing partner is owed the money, and providing for payment terms. These payment terms would include the interest rate, number of payments, and frequency of payments. Typically the remaining partner(s) stock in the company would be pledged as security for the repayment on the note. If the business is not a corporation the steps would be similar but slightly different.


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Friday, July 13, 2018

More Opportunities for Businesses to Solicit Investors but What Are the Legal Challenges and Risks?

Since the 1930s, businesses wishing to secure investment dollars have faced regulations banning them from appealing directly to the public via advertising. Instead, businesses have only been allowed to pursue investment funds via prescribed channels and from wealthy individuals. The reasoning behind the ban was that if the general public were subjected to direct appeals for investment by hedge funds, venture capitalists, start-ups and others, the rate of financial fraud would increase.

The investment advertising ban has long been considered an obstacle to entrepreneurship; it has been identified as a drag on growth, employment and businesses’ ability to raise funds, as well as an impediment to everyday investors’ awareness of legitimate and promising investment opportunities.


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Tuesday, July 10, 2018

Choosing an Executor

The primary responsibilities of an executor are to manage the property of an estate, pay outstanding debts and taxes of the estate, and distribute the remaining estate assets to the beneficiaries. This is a simplified explanation of the role of an executor. In reality, it can be extremely detailed and complex while extremely important to properly carry out all duties. -


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Friday, July 6, 2018

Protecting Your Business through Tactical Electronic Evidence Management

Email, intra-office messaging and digital image transference are hardly new concepts, however few business owners realize the long-term implications of this style of free-flowing communication, particularly in light of litigation and e-discovery requests. If you are a business owner either engaged in litigation or preparing for possible conflict in the future, one of the best strategies for your company is to implement and maintain an electronic evidence policy for employees. Too often, damaging information, accidental concessions or discriminatory language is casually exchanged between two employees -- believing to be engaged in a private chat -- only to be uncovered by a sweeping e-discovery request from opposing counsel. To avoid this result and protect your business from unnecessary exposure to liability, consider meeting with a business litigation lawyer about your company’s electronic information policies.

Electronically Stored Information and Litigation Holds


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