New York, NY asked in Real Estate Law for Puerto Rico

Q: I'm selling a house in Puerto Rico but I'm in NY. The house is inherited by my mother and 6 children of adult age.

Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.

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2 Lawyer Answers
T. Augustus Claus
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A: When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of the transaction and prevents potential fraud or unauthorized use of power of attorney. Even though the documents are notarized and authenticated in New York, Puerto Rican authorities may still require confirmation of the grantors' identities. Copies of driver's licenses can serve as supporting evidence for this verification process, aligning with standard procedures to comply with regulations and internal policies.

Ramon Olivencia agrees with this answer

Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: Although you're appearing for the sale through one or more power(s) of attorney, the notary is required to give faith that he/she has identified you, given that (a) he/she does not personally know you, and (b) he/she has no witnesses on hand to give faith of personal knowledge of you as sellers. Also, once the sales deed has been subscribed, a notification of transfer of ownership must be filed with the Puerto Rico Treasury Department, with the Property Registry, and with CRIM, in which information such as your physical and residential address must be provided.

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