Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Puerto Rico Real Estate Law 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

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

View More Answers

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

I understand this is a difficult and frustrating situation. Here are some steps you can take to try to dispute the fines and fees on the unpaid property taxes:

1. Gather documentation: Collect all relevant paperwork, including the will/trust showing you inherited the property, death...
View More

View More Answers

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

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... 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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

De acuerdo con la ley de California, si la casa era propiedad comunitaria de su madre y su padre, entonces su padre heredó automáticamente la parte de su madre al momento de su fallecimiento. Esto significa que su padre ahora es dueño de la totalidad de la casa.

Sin embargo, si su madre...
View More

View More Answers

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

View More Answers

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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Given the potentially dangerous situation with the cracked balcony and the lack of action from your neighbor and the association board, you have a few options to address this issue in Puerto Rico:

1. File a complaint with the Department of Consumer Affairs (DACO): DACO handles complaints...
View More

View More Answers

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

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... 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

Ramon  Olivencia
Ramon Olivencia
answered on Mar 26, 2024

The property tax exemption for residing at the main residence in Puerto Rico is not automatic. It has to be applied for and is only valid until a certain amount, although most residences in Puerto Rico, except the very expensive ones, qualify.

If she has a copy of the receipt of the...
View More

View More Answers

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

View More Answers

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: Can I switch name of ownership on a house that has taxes still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been keeping up with and we would like to sell it but we first have to switch it over to our name can we do that while taxes are still unpaid?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

Transferring ownership of a property with unpaid taxes can be complicated and may vary depending on the specific laws and regulations of Puerto Rico. However, in general, under federal law, it is possible to transfer ownership of a property even if there are outstanding property taxes owed. That... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Can we renounce this property to CRIM so it doesn’t pass on to our children when we pass?

My sister & I are declared heirs & paying taxes to CRIM since our mom’s passing in 2016, but 1 of the properties (land only) is not registered in our name at Prop. of Registry. It’s registered to our grandfather for more than 100 yrs. It was an unresolved matter for mom to register it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

In Puerto Rico, dealing with inheritance and property taxes involves navigating a complex legal landscape, especially when property titles and registrations involve unresolved issues from past generations. If you and your sister are considering not passing a specific piece of land to your children... View More

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: How does PR verify or confirm if there are additional heirs entitled to inheritance? is the heir process a civil process

I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More

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 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

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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.