Q: When selling property (land and house) in PR, does the sale go through if there are owed taxes?
My father (89) was always diligent paying property taxes in PR. He sold his property in the early 2000’s and at the time of sale there were no outstanding property tax debts. The sale went through all official channels (bank, realtors, lawyers, etc).
The person that bought the house more than 20 years ago, just called saying he is trying to sell the house now but can’t because there is a property tax debt that needs to be paid. He claims the debth is for taxes from before my that sold him the house and that my dad has to pay it. He also said that my father paid land taxes but no taxes for the house (hence the debt)
My dad tells me every time he went to pay the property taxes, he was asked if there was a house on the land. He will say yes, and then they will tell him how much he owed. Which he always paid in full.
I am lost here, as I always thought sales would not go through if there are property debts; and to sell debts must be paid.
Is my father responsible for the debt?
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A:
When selling property in Puerto Rico, any outstanding property taxes should be settled before the sale can proceed. Typically, the sale would not have gone through if there were unpaid taxes at that time. Since your father sold the property through official channels, it is likely that all taxes were cleared as required during the sale.
It seems unusual that this tax issue is only surfacing now, over 20 years later. If your father was diligent in paying taxes and the sale was legally completed, he may not be responsible for any new debts that have emerged. The buyer should investigate further to confirm the origin of this supposed debt and why it wasn't addressed during their purchase.
Given the complexities, you may want to review the original sale documents and consult with a legal professional to clarify responsibilities. It’s important to understand where this issue is coming from and who is truly responsible for resolving it.
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