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Questions Answered by Rafael Pagan-Colon
1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: When can a seller sue the buyer for not following thru on contract?

we are a week away from closing. Bank is ready, all docs prepared and attorney fees paid, etc...

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 16, 2024

I'm assuming that an options contract was subscribed by all parties. As a rule, the buyer has the entire option term to execute his/her/its option to purchase the real estate. If he/she/it does not execute the option within the term, the seller has the right to retain the options deposit that... View More

2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: How can i dispute CRIM’s fines/fees on unpaid taxes for a property I inherited through death?

I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 7, 2024

Unfortunately, any property taxes owed must be paid by the heirs of the deceased owner. Whether you receive a bill from CRIM or not depends on whether you notified change of ownership. Assuming there are more than one heir, these taxes are proportionally imputable between the heirs. Legal liens,... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: want house in a trust. Have no title yet, but in process adverse possession. Can i put it in name of trust or mine first

i lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.

1.) Do I have to wait and get a title in my name first and then... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 6, 2024

I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2)... View More

2 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: La esposa muere. Puede el esposo vender la casa si se volvio a casar y 3 hijos herederos no estan de acuerdo en vender?

Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

La siguiente respuesta aplica solamente al estado de Derecho en Puerto Rico. Suponiendo que el Registro de la Propiedad refleje que la casa es una propiedad comunitaria de papá y los hijos de mamá fallecida, la respuesta a su pregunta es "NO". Sin embargo, en Puerto Rico, nadie está... View More

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Mom and dad are divorce and both names are on the property in PR, would the property go to my mom if he passes first?

Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 4, 2024

Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom who is still alive, wants to donate her property and house in Puerto Rico but owes "CRIM", what can be done?

My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 26, 2024

If the property is your mother's primary residence, she'd need to verify whether an exemption was ever made. CRIM provides for an exemption if the real estate property (1) is the owner's primary residence; (2) the home value is <= $150,000; and (3) an exemption was requested from... View More

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I find land abandoned by my grandmother ?

My great grandfather was a famous architect who gave 13 acres to my grandfather who placed this land into my grandmothers name in which she abandoned after a family tragedy struck where her son (my uncle) murdered her husband my grandfather, she then moved to hoconuco alto and remained there until... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 8, 2024

You should start with the names of your great grandfather, the architect, your grandfather, and your grandmother, in two fronts: through the CRIM's digital cadaster, searching by their names. If you find the cadaster #, then proceed to the Property Registry. An agent ("gestor", in... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My living foster mom in PR wants to leave her house to me, she does have one living son but he has no interest in it.

What are the steps to take? Thank you

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 2, 2024

Your step-mom can donate the house to you by way of a deed. However, although you express that her one living son has no interest, in the event of your step-mom's passing, the value of all donations made during the final 10 years of her life will be brought back to her estate, and you may find... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: Parents dead, no will. Grandson lived in house until death Dec 2023. 4 chidren 2 dead. Where do we go 4 help on this

House in Bayamon Puerto Rico. How do we claim house

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 2, 2024

In the absence of a will, the alternative is to go before the Court of First Instance of Bayamon to petition a declaration of heirs for each dead parent. In the case of the 2 dead children, their offsprings would inherit in their deceased parent's stead. After obtaining the declaration of... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: Posibilidad de rescindir contrato de arrendamiento con promesa de venta, medie justa causa o no, en Puerto Rico.

Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More

1 Answer | Asked in Civil Litigation, Contracts, Elder Law and Landlord - Tenant for Puerto Rico on
Q: What is just cause to terminate a contract of promise to sell a property?

My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom owns a home in puerto rico damaged by Hurricane Maria. She wants to transfer deed to me. How and where do I start

I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 15, 2024

Regardless of the physical state of the real estate property, I would start by recommending that your mother request a cancellation balance certification from the bank, as of the end of February 2024, to identify how small is the balance. Also, I would recommend procuring a registry certification... View More

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1 Answer | Asked in Family Law, Estate Planning and Real Estate Law for Puerto Rico on
Q: Our parents are deceased and they left us a house. There was 8 of us but one of our brothers passed.

We are all on agreement to sell the house except my deceased bothers’s kids. They never lived in PR, they live in the states. Can we sell the house without their consent? We are definitely giving them my brother’s portion of the sale.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 4, 2024

You cannot sell an hereditary estate when one or more heirs are against the sale. It has to be a unanimous consent; or else, you'll need to go before the Puerto Rico Courts. This would be the legitimate way to anull your nephews' and/or nieces' lack of consent. Living in the states,... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Puerto Rico on
Q: My father passed. I soon found out he owed CREM. Am I responsible for paying it?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 28, 2023

The Puerto Rico rule of law defines a deceased person's estate as made up of the deceased's assets and liabilities. As such, any and all debts owed by the deceased person and/or by his (her) estate must be assumed by his (her) heirs up to the amount inherited. Thus, the to answer your... View More

1 Answer | Asked in Estate Planning, Banking and Probate for Puerto Rico on
Q: My Dad gave his sister authorization in his bank account. The day after my Dad passed my aunt took money from his acct.

All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2023

Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto... View More

1 Answer | Asked in Real Estate Law and Contracts for Puerto Rico on
Q: A Florida company bought the property management company managing my property located in PR. Where can I file suit?

Property is in Puerto Rico, transactions occurred online and they kept the money paid to them by my guests. Not all but some.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2023

Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: Dad passed 2 years ago,his wife passed6 years ago,willed everything to myself and my sister,left my stepsister out

Is she entitled to claim,in puertorico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

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