Rhode Island
Rhode Island Condo Resale Certificate: Fees, Deadlines, and How to Order
A resale certificate is the document a title company asks for before a Rhode Island closing. Rhode Island associations must deliver it within 10 days. The fee is capped at $125.
Free for the resale platform. No contract to sign.
Rhode Island Resale Certificate
Example Harbor Condominium Association
Regular assessment
$285.00 monthly
Buyer's review period
5 days by statute
Fee for this document
$125, the Rhode Island cap
Due to the requester
Within 10 days
Rhode Island at a glance
- What Rhode Island calls it
- Resale Certificate
- Fee cap
- $125
- Delivery deadline
- 10 days
- Buyer's right to cancel
- 5 days after receiving it
Also called: RI resale certificate, condominium resale certificate. If you were told to get a Rhode Island resale certificate, or an RI resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each Rhode Island act sets
Rhode Island has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
R.I. Gen. Laws 34-36.1-4.09
Condominium Law. Applies to condominiums.
- Required by statute
- Yes
- Fee
- $125
- Deadline
- 10 days from the request
- Buyer may cancel within
- 5 days
R.I.G.L. 34-36-25
Condominium Ownership Act. Applies to condominiums.
- Required by statute
- Yes
- Fee
- $125
- Deadline
- 10 days from the request
- Buyer may cancel within
- 5 days
Rhode Island condo laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
R.I.G.L. 34-36 (Condominium Ownership Act)
The Condominium Ownership Act is Rhode Island's original condominium enabling statute and governs condominiums created in the state before July 1, 1982, unless such a condominium has voluntarily reorganized under the newer Rhode Island Condominium Act. It covers formation through a recorded declaration and survey map, unit deeds, bylaws, records of management, common expense liability and unit liens, and insurance and repair of common elements after a casualty. It contains no resale certificate or disclosure requirement of its own, though certain provisions of the newer Rhode Island Condominium Act, including its resale certificate requirement, reach back and apply to condominiums formed under this chapter.
R.I.G.L. 34-36.1 (Condominium Law)
The Rhode Island Condominium Act governs condominiums created in the state on or after July 1, 1982, as well as any older condominium that elects to be governed by it. It sets out the framework for creating, altering, and terminating a condominium, the powers and management of the unit owners' association, assessments and liens, association records, and purchaser protections including the public offering statement for new units and a resale certificate requirement for the sale of existing units.
R.I. Gen. Laws 34-36.1-3.16 (Lien for assessments)
Establishes the association's lien on a unit for unpaid assessments and its priority against other liens and mortgages. Subsection (h) requires the association, on written request, to furnish a unit owner or the holder of a first mortgage or deed of trust on the unit a recordable statement of the unpaid assessments against the unit within 10 business days after receipt of the request, binding on the association, the executive board, and every unit owner; no fee is stated. Applies to condominiums created before July 1, 1982 as well, for later events (34-36.1-1.02(a)(2)).
R.I. Gen. Laws 34-36.1-4.09 (Resale of units)
Unless a public offering statement is required or the sale is exempt under 34-36.1-4.01(b), a unit owner furnishes the purchaser, before any contract for sale or otherwise before conveyance, the declaration (without plats and plans), the bylaws, the rules, and a certificate with twelve items: restraints on alienation; the monthly common expense assessment and any unpaid common or special assessment due from the seller; other fees; capital expenditures anticipated for the current and next two fiscal years; reserves and their designated portions; the most recent balance sheet and income and expense statement; the current operating budget; unsatisfied judgments and pending suits in which the association is a defendant; insurance for the benefit of unit owners; whether the executive board knows of alterations to the unit or its limited common elements that violate the declaration; whether it knows of health or building code violations in the unit, its limited common elements, or the condominium; and any leasehold term. The association furnishes the certificate within 10 days after the unit owner's request and, since 2019, may charge a fee of no more than $125 for an electronic or physical certificate; an association that fails to provide it within 10 days of a written request owes a civil penalty of $100 to $500 per occurrence besides the 34-36.1-4.17 remedies. The purchaser is not liable beyond the amounts set forth; the seller is not liable for the association's errors or delay, but the contract is voidable by the purchaser until the certificate is provided and for 5 days after, or until conveyance. Applies to condominiums created before July 1, 1982 as well, for later events (34-36.1-1.02(a)(2)).
R.I.G.L. 34-36-25 (Voluntary conveyance of unit)
Under the 1963 Condominium Ownership Act, which still governs condominiums created before July 1, 1982 that have not adopted the Condominium Law, the grantee of a unit is jointly and severally liable with the grantor for the grantor's unpaid assessments up to the conveyance, but is entitled to a statement from the manager or management committee of the unpaid assessments against the grantor and is not liable, nor is the unit subject to a lien, beyond the amount stated. No fee or deadline is stated. For a resale, 34-36.1-1.02(a)(2) applies the Condominium Law's resale certificate (34-36.1-4.09) and lien statement (34-36.1-3.16) to these condominiums as well.
The notice Havn prints on every Rhode Island resale certificate
Every Rhode Island document Havn prepares carries a notice that tells the reader where the document comes from and what Rhode Island law says about it. This is the wording, act by act.
R.I. Gen. Laws 34-36.1-4.09Condominiums
This resale certificate is furnished by the association under R.I. Gen. Laws 34-36.1-4.09 within ten days after the unit owner's request, for the unit owner to furnish to the purchaser before execution of any contract for sale of the unit, or otherwise before conveyance, with a copy of the declaration (other than the plats and plans), the bylaws, and the rules or regulations of the association. The association's fee to prepare and provide an electronic or physical version of this certificate does not exceed $125 (34-36.1-4.09(b)). A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in this certificate as prepared by the association. A unit owner providing this certificate is not liable to the purchaser for any erroneous information provided by the association and included in it, nor for the failure or delay of the association to provide it in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter, or until conveyance, whichever first occurs. In addition to the remedies in R.I. Gen. Laws 34-36.1-4.17, an association that fails to provide the certificate within ten days of the unit owner's written request is subject to a civil penalty of not less than $100 nor more than $500 per occurrence. No certificate is required for a gratuitous disposition of a unit, a disposition under court order, a disposition by a government or governmental agency, a disposition by foreclosure or deed in lieu of foreclosure, a disposition to a person in the business of selling real estate who intends to offer those units to purchasers, or a disposition that the purchaser may cancel at any time and for any reason without penalty (34-36.1-4.01(b)). The information in this certificate is current as of its issue date.
R.I.G.L. 34-36-25Condominiums
This condominium was created under the Condominium Ownership Act (R.I. Gen. Laws chapter 34-36) before July 1, 1982. R.I. Gen. Laws 34-36.1-1.02(a)(2) applies the Condominium Law's resale of units section to it for events occurring after that date. This resale certificate is therefore furnished by the association under R.I. Gen. Laws 34-36.1-4.09 within ten days after the unit owner's request, for the unit owner to furnish to the purchaser before execution of any contract for sale of the unit, or otherwise before conveyance, together with a copy of the declaration (other than the plats and plans), the bylaws, and the rules or regulations of the association. The association's fee to prepare and provide an electronic or physical version of this certificate does not exceed $125 (34-36.1-4.09(b)). A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in this certificate as prepared by the association. A unit owner providing this certificate is not liable to the purchaser for any erroneous information provided by the association and included in it, nor for the failure or delay of the association to provide it in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter, or until conveyance, whichever first occurs. In addition to the remedies in R.I. Gen. Laws 34-36.1-4.17, an association that fails to provide the certificate within ten days of the unit owner's written request is subject to a civil penalty of not less than $100 nor more than $500 per occurrence. No certificate is required for a gratuitous disposition of a unit, a disposition under court order, a disposition by a government or governmental agency, a disposition by foreclosure or deed in lieu of foreclosure, a disposition to a person in the business of selling real estate who intends to offer those units to purchasers, or a disposition that the purchaser may cancel at any time and for any reason without penalty (34-36.1-4.01(b)). The grantee of a unit is also entitled under R.I. Gen. Laws 34-36-25 to a statement from the manager or management committee of the unpaid assessments against the grantor, and is not liable, nor is the unit subject to a lien, for any unpaid assessments in excess of the amount set forth in that statement. The information in this certificate is current as of its issue date.
Rhode Island's payoff statement
Two provisions reach these condominiums. Under R.I. Gen. Laws 34-36-25, on a voluntary conveyance the grantee is jointly and severally liable with the grantor for unpaid common expense assessments up to the conveyance, but is entitled to a statement from the manager or management committee of the unpaid assessments against the grantor, and is not liable, nor is the unit subject to a lien, above the amount stated; no fee or deadline is given. Separately, R.I. Gen. Laws 34-36.1-1.02(a)(2) applies 34-36.1-3.16 to condominiums created before July 1, 1982 for events after that date, so on written request the association must furnish a unit owner or the holder of a first mortgage or deed of trust a recordable statement of the unpaid assessments against the unit within ten business days after receipt, binding on the association, the executive board, and every unit owner. No fee amount or cap is stated, and no refund or waiver applies if the deadline is missed.
About Demand LettersRhode Island resale certificate: common questions
What is a Rhode Island resale certificate?
It is what Rhode Island law has the association provide when a home in condominiums is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under R.I. Gen. Laws 34-36.1-4.09 and R.I.G.L. 34-36-25.
How much does a Rhode Island resale certificate cost?
Rhode Island caps the fee at $125. Inside the cap, the association or its management company sets the price.
How long does a Rhode Island association have to provide a resale certificate?
10 days, counted from the request.
Is a resale certificate required in Rhode Island?
Yes, for condominiums, under R.I. Gen. Laws 34-36.1-4.09 and R.I.G.L. 34-36-25.
Can a buyer cancel after receiving a Rhode Island resale certificate?
Yes. The buyer has 5 days after receiving it to cancel the purchase contract.
Who pays for the resale certificate in Rhode Island?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Rhode Island resale certificate?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. The full list is in R.I. Gen. Laws 34-36.1-4.09.
How do I get a resale certificate in Rhode Island?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Rhode Island association has 10 days. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Rhode Island sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the condo document used when a home is sold.
How Rhode Island compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Rhode Island: $125, 10 days.
Massachusetts
6D Certificate
No fixed dollar cap
No statutory deadline
Not required by statute
Connecticut
Resale Certificate
$185
10 business days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Rhode Island resale certificate could write itself.
The resale platform is free for the association. The requester pays for the document, never more than Rhode Island's $125 cap. No contract to sign.