RI Real Estate key terms
RI Real Estate · Get comfortable with the vocabulary.
- Agency relationship
- Related: Client, Fiduciary duty
A legal arrangement where one person, the agent, is authorized to act on behalf of another person, the principal, in dealings with third parties, creating duties and potential liability.
- Client
- Related: Agency relationship, Fiduciary duty
The party who has an agency relationship with a real estate licensee and is owed fiduciary duties, as opposed to a customer who receives only honest and fair treatment.
- Fiduciary duty
- Related: Client, Designated agency
A legal obligation of utmost good faith, trust, and loyalty that an agent owes to a client, including duties of care, obedience, accounting, and disclosure.
- Designated agency
- Related: Dual agency, Transaction broker
A brokerage arrangement permitted in Rhode Island where different licensees in the same firm represent the buyer and seller separately, each owing fiduciary duties only to their own client.
- Dual agency
- Related: Designated agency, Transaction broker
A situation where one licensee represents both the buyer and seller in the same transaction, requiring written informed consent from both parties and limiting certain fiduciary duties.
- Transaction broker
- Related: Dual agency, Designated agency
A licensee who assists a buyer and seller without representing either as a client, providing services like paperwork and advice while owing fairness and honesty but not full fiduciary duties.
- Procuring cause
- Related: Exclusive right to sell listing, Open listing
The effort that directly leads to a successful transaction, such as introducing a ready, willing, and able buyer, which can determine who is entitled to a commission.
- Rhode Island Real Estate Commission
- Related: Salesperson license, Broker license
The state body within the Department of Business Regulation that licenses real estate professionals, investigates complaints, and enforces Rhode Island real estate law.
- Salesperson license
- Related: Broker license, Rhode Island Real Estate Commission
A Rhode Island credential allowing an individual to perform real estate brokerage activities under the supervision of a licensed broker, after completing education and exam requirements.
- Broker license
- Related: Salesperson license, Rhode Island Real Estate Commission
A Rhode Island credential allowing an individual to operate a real estate brokerage, supervise salespersons, and handle transactions independently after meeting experience and education requirements.
- Escrow account
- Related: Earnest money deposit, Closing
A separate trust account where a broker holds client funds, such as earnest money deposits, until the transaction closes or the parties agree on disbursement.
- Offer
- Related: Acceptance, Counteroffer
A definite proposal to enter a contract on specified terms that, when communicated to the other party, gives that party the power to create a binding agreement by accepting.
- Acceptance
- Related: Offer, Counteroffer
An unqualified agreement to all terms of an offer, communicated to the offeror, which creates a binding contract; any change in terms operates as a counteroffer.
- Counteroffer
- Related: Offer, Acceptance
A response to an offer that changes one or more terms, effectively rejecting the original offer and proposing a new one that the other party may accept or reject.
- Contingency
- Related: Offer, Earnest money deposit
A contract condition that must be satisfied before a party is obligated to perform, such as obtaining financing or a satisfactory home inspection, or the contract may be terminated.
- Earnest money deposit
- Related: Escrow account, Contingency
Money a buyer gives to show good faith and commitment when making an offer, typically held in escrow and applied to the purchase price or returned under contract terms.
- Statute of Frauds
- Related: Offer, Acceptance
A legal rule requiring certain contracts, including real estate sales agreements and leases over one year, to be in writing and signed to be enforceable in court.
- Exclusive right to sell listing
- Related: Open listing, Procuring cause
A listing agreement giving one broker the right to earn a commission regardless of who finds the buyer, even if the owner sells the property personally during the listing period.
- Open listing
- Related: Exclusive right to sell listing, Procuring cause
A non-exclusive listing agreement where the owner can hire multiple brokers and pays a commission only to the broker who procures a ready, willing, and able buyer.
- Buyer agency agreement
- Related: Agency relationship, Fiduciary duty
A written contract where a buyer hires a broker to represent the buyer's interests, often specifying the term, territory, and compensation, creating fiduciary duties to the buyer.
- Net listing
- Related: Exclusive right to sell listing, Fiduciary duty
A listing arrangement where the seller sets a minimum net price and the broker keeps any proceeds above that amount as commission, a practice that can create conflicts and is regulated in Rhode Island.
- Mortgage
- Related: Promissory note, Loan-to-value ratio
A legal document pledging real property as security for a loan, giving the lender the right to foreclose if the borrower fails to repay according to the promissory note.
- Promissory note
- Related: Mortgage, Loan-to-value ratio
A written promise by a borrower to repay a loan under specified terms, including principal, interest rate, and payment schedule, separate from the mortgage that secures it.
- Loan-to-value ratio
- Related: Mortgage, Appraisal
The amount of a loan divided by the property's appraised value or purchase price, used by lenders to assess risk and determine mortgage insurance requirements.
- Closing
- Related: Closing Disclosure, Deed
The final settlement of a real estate transaction where funds are exchanged, the deed is delivered, and ownership transfers from seller to buyer, often overseen by an attorney in Rhode Island.
- Title insurance
- Related: Deed, Closing
A policy protecting a buyer or lender against losses from defects in the property's title, such as undisclosed liens or ownership claims, that existed before the policy date.
- Closing Disclosure
- Related: Closing, Mortgage
A standard federal form provided to a borrower before closing that itemizes loan terms, closing costs, and cash needed, allowing comparison with the earlier Loan Estimate.
- Fee simple absolute
- Related: Deed, Easement
The most complete form of property ownership, giving the owner full rights to use, sell, lease, or transfer the property with no time limit, subject only to government powers.
- Easement
- Related: Fee simple absolute, Deed
A legal right to use another person's land for a specific purpose, such as a driveway or utility line, without owning the land and typically binding future owners.
- Tenancy in common
- Related: Condominium, Deed
A form of co-ownership where each owner holds a separate, undivided share of the property, may sell or will that share, and has no right of survivorship.
- Condominium
- Related: Tenancy in common, Deed
A form of ownership where individuals own units within a building or complex and share common areas through a homeowners association, with separate deeds for each unit.
- Appraisal
- Related: Market value, Comparative market analysis
An opinion of a property's value prepared by a licensed appraiser using accepted methods, often required by lenders before approving a mortgage loan.
- Market value
- Related: Appraisal, Comparative market analysis
The most probable price a property would bring in a competitive, open market under fair conditions, with both buyer and seller acting knowledgeably and without undue pressure.
- Comparative market analysis
- Related: Market value, Appraisal
A broker's estimate of a property's likely selling price based on recent sales, current listings, and market conditions, prepared to help clients set a listing or offer price.
- Highest and best use
- Related: Appraisal, Market value
The most profitable, legally permissible, physically possible, and financially feasible use of a property, a key concept appraisers use when valuing land or buildings.
- Deed
- Related: Quitclaim deed, Closing
A written legal document that transfers ownership of real property from one party to another, which must be delivered and accepted and typically recorded with the town or city.
- Quitclaim deed
- Related: Deed, Title insurance
A deed that transfers whatever interest the grantor may have in the property without any warranty or guarantee of clear title, often used to clear clouds on title.
- Zoning
- Related: Variance, Eminent domain
Local government rules that divide land into districts and regulate how property may be used, including building size, density, and allowed activities, under police power.
- Variance
- Related: Zoning
A zoning board approval allowing a property owner to depart from strict zoning rules because of unique hardship or special conditions, when the use is not contrary to public interest.
- Eminent domain
- Related: Zoning, Variance
The government's power to take private property for public use after paying fair compensation, often through condemnation proceedings, as limited by the U.S. and Rhode Island constitutions.