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Puerto Rico Contracts Questions & Answers
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

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

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

2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

I'm sorry for your mother's ordeal. You describe difficulty in finding an attorney to handle the matter, and an attorney in Puerto Rico should advise, as any arbitration or litigation would be governed by territory-specific guidelines. You could continue to search for attorneys, look into... View More

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2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

James L. Arrasmith
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answered on Oct 23, 2023

Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: I had to break my contract early and I paid up to the last month I stayed.

Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Contracts for Puerto Rico on
Q: Hoa issues in Puerto Rico

The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More

1 Answer | Asked in Construction Law, Consumer Law, Real Estate Law and Contracts for Puerto Rico on
Q: Hello, can I place a lien on the developer/owner of an urbanization for repairs paid for by me?

The developer owner of the urbanization has failed to fix major construction issues to a point where our home is posing a hazard to live in as we have land settling and and erosion of soil. House foundation leaks water through the floors and electrical wiring has serious overload issues. I have... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 21, 2023

To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... View More

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: My wife and siblings are buying a house in Puerto Rico and I want to waive my rights. What do I need to do?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 2, 2023

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... View More

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: When can a buyer not sue a seller for not following thru on contract?

I accidentally signed a eContract for selling my house in puerto rico and then notified both buyer and broker 30 minutes afterwards before either of them noticed contract was docusigned and notified them that the signing was a mistake.

And then later same day texted both of them that... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 23, 2022

Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Puerto Rico on
Q: How do I sue someone who never completed a job that was paid for in full?

I paid an individual to install gates and to pressure wash, apply cement topping and sealant, and to correct all drainage issues. I originally paid half upfront so that he could begin working. Later, he asked for half of the remaining balance because he was going through some issues (sick wife,... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 21, 2022

Unfortunately, this seems the case of a "no good deed goes unpunished". The Law of Contractor Registry, Law no. 145 of August 10, 1995, as amended, requires that any contractor working on residential properties must file a request to be included in the Puerto Rico Consumer Affairs... View More

1 Answer | Asked in Contracts and Energy, Oil and Gas for Puerto Rico on
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?

I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Can you remove someone from an inherited property that's been living there without paying rent.

The party living there is the son of 1 of the 5 inherited people. They also have a son who is autistic and lives there as well. Will that affect any decision made by a judge in a court of law

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 20, 2022

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My landlord is selling my rental home, can new owner come in and remove my personal property? How long do I have to go?

Landlord sent text: Buenos dias. Para informarle que la casa fue opcionada y el comprador debe cerrer el préstamo a fin de este mes. Le informo para que haga los arreglos pertinentes. Me gustaria que confirme que recibio este mensaje. Gracias .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2022

I have no knowledge of the case you're referring to. If your message is destined for a specific attorney, you should email him or her directly.

1 Answer | Asked in Business Law, Contracts and Communications Law for Puerto Rico on
Q: My parents (dad 78 & mom 73) were tricked into signing a document which they did not know was a contract with Claro TV+

The sales person told them that since they are on social security the services with Claro TV+ in Puerto Rico was free for them. They also signed a document which tied them into a 24 month contract which they were not aware of. Moreover, they went without the TV service for 15 days after signing the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 31, 2022

Unfortunately, this is a common practice: a salesperson saying whatever he/she can to close a sale. Leonine contracts such as this also makes it extremely difficult for a persona to wiggle out of, under normal circumstances. Also, these types of contracts unilaterally increase monthly payments each... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Puerto Rico on
Q: How can I close my dad’s bank account and used money to pay off his funeral expenses?

My dad passed away 2 years ago in TN but he had his bank account and house in PR. He has a bank account in PR which I was authorized to used and I had power of attorney from PR while he was alive. I paid for his funeral even though he has 7 children. After paying via loans my half siblings (4) do... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2021

First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Puerto Rico on
Q: My contract is for a year, I'm in month 7 and he wants to raise the rent. Can he legally do that?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2021

The answer your question may be available within the very contract that you signed.

Under normal circumstances, the monthly rent is fixed during the lease term (of one year). Under normal circumstances, any change to the contract during its term may only be valid with prior written consent...
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1 Answer | Asked in Contracts for Puerto Rico on
Q: Is a contract legally binding if I signed it as an 18 year old in puerto rico?

I'm an American and staying in Puerto Rico right now. I'm 18 and I signed a contract here while in puerto rico. Is it legally binding? I was born in America and I do not have a Puerto Rican citenzship.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 21, 2020

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the...
View More

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: A friend needs to transfer a home to my name that's free and clear because I gave her the money to purchase. What to do

The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 1, 2020

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

If you need additional information please feel free to contact me directly.

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