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Puerto Rico Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Digital POA for the sale of one piece of property/Real Estate.

Can a POA be signed electronically by someone who resides in the state of Florida for someone in Puerto Rico? It would be for the sale of real estate. If someone has to be present during the signing, could the person be virtually present?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Nov 20, 2021

A power of attorney granted by a Florida resident to be used by a Puerto Rico resident in Puerto Rico cannot be electronically signed at this time. The power of attorney must be signed before a notary public in Florida; then, the State Department in Tallahassee must issue and attach an... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do you assign a P.O.A. for a real estate closing sale in Puerto Rico from the mainland U.S.?
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Nov 19, 2021

A Power of Attorney for a real estate closing in Puerto Rico must include the details from the property as they appear on the Property Registry of Puerto Rico, along with the property tax number. Therefore, you need to contact a PR-licensed attorney to make sure everything is done according to the... Read more »

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Puerto Rico on
Q: If childfren of deceased sibling refuse to sign house in PR to sibling willing to buy can somehing be done?

We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.

Also, if 10 siblings... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 7, 2021

To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Good Morning! This question is concerning property in Puerto Rico. My father past away and stepmom lives in the house.

The land was transfered under my name and the small two bedroom home is divded in between stepmom and myself since im the only child. It has been 7 years my father has passed. Do i lose my privillages since i have not done anything with the property in Puerto Rico. My stepmom is stating that she is... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 5, 2021

First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Buenas tardes, necesito saber quien puede hacer un plano de mensura y cual es el costo promedio de esta diligence en PR.

Good afternoon, I would like information on who to contract an engineer to do a land Survey in PR.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 22, 2021

Buenas tardes. Mi oficina utiliza los servicios del ingeniero Iván Robles Ramos cuando necesitamos planos y certificaciones de mensura. Su teléfono es el (787) 860-6865.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Whats will be the cost to transfer my mom house under her children name?, she in a agreement to do so.House in Aguadilla

My mother wants to transfer her home property into her 4 children, whats a reasonable attorney fee to do this?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 21, 2021

Greetings:

No attorney can answer these question as it is. The charges may vary depending on the services and task to be done based on the specifics of the property, liens or levies, the land where it sits, the children and other specifics with the current status of the property related to...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: A widow want to sell her property. She lives in PA and the buyers in Puerto Rico. Can the new deed be done in PA
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 8, 2021

No, it can only be done in PR. However, she could give a Power of Attorney to someone in PR, but via a local attorney to make sure that the applicable laws are followed.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What does SUCN before a name stand for in Puerto Rico property records?
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Feb 24, 2021

It is short for "Sucesión" or, in English, "Estate". It means that the proprietor passed away so the current owners are the heirs.

1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Puerto Rico on
Q: Can a grandchild claim real estate inheritance if the property has not been claimed by my mother or her siblings?

My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 6, 2021

Greetings

Yes, a grandchild can claim for his her rightful inheritance.

1 Answer | Asked in Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My parents both passed, the house in Puerto Rico was left three of us, but my younger brother went and change the name .

How could he had done that according to the paper in his name is on the house not my name or my other brother how could take him to court plus my parents were in a nursing home here in Bronx.

My sis in law is saying that if I go near her property she will call the police.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Nov 25, 2020

If your parents did not leave a will, which is the overwhelming number of cases, then that is legally impossible to have happened. In particular, if the inheritance transfer process was indeed completed, the Property Registry will actually require and verify the Declaration of Heirs and can only... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father has a property in Puerto Rico and died in January 2017. My father lived in New Jersey and left a will.

What steps do I need to take now to sell the house and what are the fees associated with this?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 26, 2020

It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Does quit claim deed exist in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. No they do not. Our legal system is based on civil law not common law.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I own property in Puerto Rico with my mom and she passed away 21 years ago. I have paid the taxes.

I have siblings, are they entitled to our mother’s portion?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 5, 2020

Yes, your siblings are entitled to the mother´s portion. If you have paid the taxes, then you can arrange with them for a credit on your behalf. It is important that inheritances be transferred and finished promptly to avoid the possibility of extra taxes or problems related to the passing of time.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mom rented the house to my cousin and he hasn’t pay her rent for 4 month with this one. Is it possible she can evict

Him. She want to make sure she can before she contact him.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 27, 2020

Hello and thank you for using Justia. Yes she can file for eviction.

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

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.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Inheritance rules in Puerto Rico

In Puerto Rico my grandmother passed and her 4 children inherited her home. The paperwork and the home were completed and now they are the sole owners. One of the 4 died, now there are 3. The one that passed had a daughter but she passed away as well, but she has a son that is alive.

Does... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 23, 2020

Yes, the grandson becomes the 4th owner but that is not automatic since the inheritance transfer would first need to be done for the co-owner that died and also for the daughter as well; two separate probate cases.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments

My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments how do we go about transferring my name as the owner? Are there fees etc?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. The first thing that needs to be done is to qualify you for the transfer of the mortgage account. If the holder of the note accepts the transfer and/or the substitution of the debtor then a new Deed will need to be executed in your name and then submitted to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I find out how much a house was sold for 3 years ago? We believe my cousin may have ripped my father off

He is 84 years old and he only received $10,000 from the sale. We believe it was sold for way more money and she kept the difference.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. You can verify with the Notary Public whom signed the sales agreement. You can also verify with the Property Registry Department and/or CRIM(Property Taxes).

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

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