Key Takeaways

  • Rhode Island follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money should be deposited into the principal broker's escrow account promptly
  • Purchase and sales agreements must include essential terms: parties, property, price, and signatures
  • Contingencies for financing, inspection, and appraisal protect buyers in the transaction
Last updated: January 2026

Rhode Island Contract Requirements

Rhode Island real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under Rhode Island's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in Rhode Island.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Essential Contract Terms

A Rhode Island real estate purchase and sales agreement should include:

TermDescription
PartiesFull legal names of buyer(s) and seller(s)
Property descriptionLegal description or adequate identification
Purchase priceAmount and payment terms
Earnest moneyAmount and who holds it
Closing dateWhen title will transfer
ContingenciesConditions that must be met
SignaturesAll parties must sign

Earnest Money (Deposit)

Earnest money shows the buyer's serious intent to purchase:

Handling Requirements

RequirementDetails
Who receivesPrincipal broker's escrow account
TimingPromptly after execution of agreement
DocumentationWritten acknowledgment in contract
DisbursementPer contract terms or mutual agreement

Important: Funds must be deposited promptly after the execution of the purchase and sales agreement.

Common Contract Contingencies

Contingencies protect parties by allowing exit if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
DocumentationMay require denial letter from lender
ExpirationTypically 30-45 days

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, request credit, or cancel
ProfessionalBuyer typically hires licensed inspector

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
TriggerAppraisal comes in below purchase price
OptionsSeller reduce price, buyer pay difference, or cancel

Sale of Buyer's Property Contingency

ElementDetails
PurposeBuyer must sell current home first
Risk to sellerProperty tied up while buyer sells
Kick-out clauseMay allow seller to continue marketing

Termination of Contracts

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill all obligations
Mutual agreementBoth parties agree to cancel (mutual release)
Contingency not metCondition in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes legally impossible

Time is of the Essence

Many Rhode Island contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement from all parties

Exam Tip: Understand that "time is of the essence" makes contract dates firm deadlines with legal consequences for non-compliance.

Test Your Knowledge

Under Rhode Island's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D
Test Your Knowledge

Where should earnest money be deposited in a Rhode Island real estate transaction?

A
B
C
D