what does a lawyer do when buying a home in puerto rico

by Lilly Mayer 8 min read

A real estate attorney will solve problems that may arise as soon as possible. Their services will come in handy when it comes to negotiating, contracting as well as dealing with legal issues. This will provide you with peace of mind during the process of buying or selling Puerto Rican property, which can be a bit nerve wracking.

Full Answer

Do I need a lawyer when buying property in Puerto Rico?

Having the right Real Estate lawyer in Puerto Rico will help you maneuver the regulations and requirements with greater ease and will allow you to move into your island home faster. In many cases, for people that have estate planning in their home states and now want to buy a property in Puerto Rico, special considerations must be taken to insure that your will and/or estate plan is …

How do I Sell my House in Puerto Rico?

 · Foreigners can freely buy property in Puerto Rico. To enter into a real estate transaction, it is important to hire a real estate agent as knowledge in Spanish is very much needed. When an agreement has been reached, a deposit of 5% of the purchase price is usually paid by the buyer. The deposit is non-refundable if the buyer decides to back ...

Do you have to pay cash for a house in Puerto Rico?

 · Having a lawyer to guide you through this process is essential. The final close is done with everyone at the same table, in person, not like the third party, separate interaction you may be used to. Home Inspection of Puerto Rico Properties However important you think a home inspection is to home sales in the States, double it.

How difficult is the property purchase process in Puerto Rico?

 · A broker may be involved but you have an understanding of the kind of deal you want to do, what the purchase price is, what the property is and then you are going to receive a draft of what is normally called a purchase and sales agreement though it is really an option agreement and at that point in time you should have your lawyer review that document.

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Do I need a lawyer to buy a house in Puerto Rico?

Get a Lawyer. This is good advice for any major financial transaction, but a lawyer can be invaluable when it comes to buying property in Puerto Rico. For one thing, the absence of a buyer's agent means there is one less person in your corner, and a lawyer can go a long way for that necessary protection.

What do property lawyers deal with?

A property lawyer handles all the issues that relate to property (real estate), be it buying and selling houses or land, or drawing up contracts between tenants and landlords. Property lawyers either work for a commercial or a non-commercial firm.

How long does it take to close on a house in Puerto Rico?

Closing a Transaction on a Puerto Rico Home Property purchase transactions are closed at the lending bank's office typically around 15 to 45 days in advance and, unlike in the United States, require the physical presence of all involved parties.

Can lawyer help in buying house?

Why do you need a lawyer when buying a house? A real estate lawyer will perform a thorough check of the land title and approvals. A real estate lawyer will make sure the contract is not unfair. He will help you identify any contingencies you may have overlooked.

What is residential property law?

Property law, sometimes known as real estate law, deals with transactions related to residential and commercial property and covers specialist areas such as property finance, mortgage lending or social housing.

How much money do real estate lawyers make?

The average Real estate lawyer salary in London is ÂŁ99,008. This is 34.8% more than the average national salary for Real estate lawyer jobs. The average London Real estate lawyer salary is 122.1% more than the average salary across London.

Is it a good idea to buy a house in Puerto Rico?

Buying real estate in Puerto Rico offers a number of logical investment perks for Americans, including flexible finance possibilities, zero immigration concerns, and amazing tax breaks (should you qualify).

Is it hard to buy a house in Puerto Rico?

The reason why is simple and fantastic: Puerto Rico is a commonwealth of the United States! That means any American citizen can purchase property or a home on the island no problem. Also, when traveling back-and-forth there's no need to go through customs which can save you a lot of time and energy.

How much is a downpayment on a house in Puerto Rico?

If you intend to get a loan, a good credit score and 20% down payment are the norm, confirms Mr. Rodriguez. Pre-qualifying for a loan (or evidence of funds if you plan to pay cash) is a prerequisite to purchasing a home.

How much does a real estate attorney charge?

Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you're in. Fixed rates for specific services: They may also charge a flat fee for the particular services they provide.

Who pays for closing costs?

Closing costs are paid according to the terms of the purchase contract made between the buyer and seller. Usually the buyer pays for most of the closing costs, but there are instances when the seller may have to pay some fees at closing too.

Do real estate lawyers go to court?

Real estate lawyers usually step in when there is a breach of contract or if there's a real estate fraud involved. In this case, they go to court and represent their client.

Puerto Rico Property: More Like Buying A Car Than A House

For those accustomed to purchasing property on the mainland, the structure of the sale might seem a bit alarming. Instead of agents representing th...

Doing The Homework Before Looking to Buy in Puerto Rico

Home price data and background information on a home can sometimes be less than reliable with Puerto Rican real estate. Prices can vary with greate...

Buying on The Island? Get A Lawyer

This is good advice for any major financial transaction, but a lawyer can be invaluable when it comes to buying property in Puerto Rico. For one th...

Home Inspection of Puerto Rico Properties

However important you think a home inspection is to home sales in the States, double it. Hire a licensed inspector, and inspect the property person...

What You May Be Too Afraid to Ask

Don’t be shy about the tax breaks. In the interest of attracting new residents, Puerto Rico has in place huge tax incentives to those who live on t...

Is A Home on Puerto Rico The Right Move For You?

Buying property in Puerto Rico is both detailed and involved, and requires a do-it-yourself attitude at certain points in the process. While the Pu...

Who pays for title insurance on a deed?

The seller usually pays for the notary´s fees, and real estate broker´s commission (unregulated). The buyer, aside from the down payment, also pays for title insurance and documentary stamps on the deed. Additional costs may include appraisal and inspection fees. Property taxes, on the other hand, are prorated. Since property taxes are usually paid at the end of the year, the buyer and the seller share the expense according to the number of months each owns the house during the year of the transaction.

How long does it take to register a property by a corporation?

There also are additional costs for Internal Revenue Stamps. The whole process of registering a property by a corporation can be completed in around 15 days.

Where are real estate titles recorded?

All real estate titles are recorded in the Registry of Property . The titles are further categorized into subsections according to the territory where the property is located. It is important to file the title of the property under the correct section to prevent any objections from the Registry officials, who check the title´s legality and requirements.

Do foreign buyers need an attorney?

Although not mandatory, it is highly advisable for foreign buyers to hire an attorney or lawyer. Attorney´s fees may vary depending on location and the complexity of the transaction. Most lawyers charge a percentage of the selling price, about 0.5% to 1%, while some lawyers charge a fixed fee or on an hourly basis.

Can foreigners buy property in Puerto Rico?

Foreigners can freely buy property in Puerto Rico. To enter into a real estate transaction, it is important to hire a real estate agent as knowledge in Spanish is very much needed. When an agreement has been reached, a deposit of 5% of the purchase price is usually paid by the buyer. The deposit is non-refundable if the buyer decides to back out ...

Do property taxes have to be prorated?

Property taxes, on the other hand, are prorated. Since property taxes are usually paid at the end of the year, the buyer and the seller share the expense according to the number of months each owns the house during the year of the transaction. All real estate titles are recorded in the Registry of Property. The titles are further categorized ...

How many agents are there for a house sale?

Instead of agents representing the buyer and the seller, there is usually only one agent . This agent will have a portfolio of houses they exclusively sell, and after they show them to you, that’s it.

Do you need a lawyer for a closing?

Having a lawyer on your side will also make the closing process less frightening. For starters, you can expect to pay a larger deposit than you would see in the U.S., usually 5%. And because the island has no escrow, this money is held in a listing broker’s trust instead. Having a lawyer to guide you through this process is essential. The final close is done with everyone at the same table, in person, not like the third party, separate interaction you may be used to.

Is Puerto Rico in the news?

Puerto Rico has been in the news lately, from the Commonwealth’s debt problems to Puerto Rico’s favorite son Lin-Manuel Miranda’s hit Broadway Musical, Hamilton. Amidst the island’s economic woes, home prices on the island have hit all-time lows. While these problems might make some buyers think twice, others are looking at Puerto Rico’s long-term ...

Is Puerto Rico real estate reliable?

Home price data and background information on a home can sometimes be less than reliable with Puerto Rican real estate. Prices can vary with greater breadth on the island, and so again, research is invaluable when looking to buy property there.

Is Puerto Rico a good place to live?

For others, it makes it a perfect place to stay and build a life. Puerto Rico’s hybrid nature as being part of the U.S., but also independent from it, makes buying property here an exciting ...

Is it good to have a lawyer in Puerto Rico?

This is good advice for any major financial transaction, but a lawyer can be invaluable when it comes to buying property in Puerto Rico. For one thing, the absence of a buyer’s agent means there is one less person in your corner, and a lawyer can go a long way for that necessary protection.

Does Puerto Rico have tax breaks?

Don’t be shy about the tax breaks. In the interest of attracting new residents, Puerto Rico has in place huge tax incentives to those who live on the island year-round. Under Puerto Rico’s “Act 22” tax law, residents that have moved to the island since 2012 have been paying minimal federal taxes on income, dividends, and capital gains.

How much property tax do you pay when you die in Puerto Rico?

Depending on your circumstance, you can expect to pay anywhere form 18% – 50% in property taxes when the property is transferred by death or by gift. OUCH! If you are a resident of Puerto Rico, you can expect to pay taxes on all properties you owned. If you just own property in Puerto Rico, like a vacation home, but are not a resident, ...

Who inherits first in Puerto Rico?

Children – children inherit first under property laws in Puerto Rico.

What percentage of property goes to children?

First 1/3 of the property goes to children (see above).

Can foreigners inherit property in Puerto Rico?

Note: Foreigners cannot avoid the rules of “forced heirship” for real property located in Puerto Rico! Again, the inheritance of such property is regulated by the property laws of Puerto Rico.

Does the US Foreign Investment Law apply to the island?

The US Foreign Investment Law states that the applicable law for real property falls under the law jurisdiction of where the owner resides. This does not apply to the island.

Is there a landlord and tenant law in Puerto Rico?

“There is no Landlord and Tenant Law in Puerto Rico. Instead, the basic legal arrangement between the tenant and the landlord is called a contract, and is regulated by the Puerto Rico Civil Code. Contracts or lease as is usually called may be verbal or written and are binding between parties. A lease is simply a set of agreement between landlord and tenant as to their respective duties and responsibilities. Basically, the tenant agrees to pay the rent on time for the use of the property and in return the landlord agrees to maintain the property for the tenant’s use.” Global Property Guide

Can Puerto Rico be written in Spanish?

While Puerto Rico law allows for documents to be prepared in Spanish and the laws themselves are in fact written in Spanish, real estate documents can be drafted in any language favorable to the parties, as long as they are also translated into either Spanish or English, or maybe even both is convenient to the parties.

Is Puerto Rico backlogged?

The Puerto Rico Registry is seriously backlogged. Unfortunately, this statement is absolutely true at this point in time. The reason I consider this to be a “misconception” is because the backlog does not stop future transactions from occurring. The reason for this lies within the involvement of a title insurance company.

Can you draw closing documents in Spanish in Puerto Rico?

Documents for transactions in Puerto Rico are only done in Spanish. Anyone wishing to purchase a property in Puerto Rico and is told that the closing documents will only be drawn in Spanish, should walk away from that office or person and look for someone else to help him or her with the transaction. While Puerto Rico law allows for documents ...

How much is property tax in Puerto Rico?

Financial Matters Property tax in Puerto Rico amounts to approximately 1.5 % of the property value. This amount is typically a prepaid and placed in escrow within the closing costs which consist of several components such as fees payable to government entities, registration fees, appraisal, loan document processing fee, if the property is to be funded through a loan.

What is a joint venture in Puerto Rico?

The internal revenue stamps and the Registry of Property filling vouchers are acquired by the lawyers/notaries electronically.#N#Property in Puerto Rico when purchased by married couples is considered a “joint venture with right of survivorship.” This means that if one spouse dies, the surviving spouse automatically inherits the property.

How much is the notary fee?

In addition to the above charges, the notary fee is 1% of the property value for properties worth up to $500,000 plus 0.5% of any excess over $500,000. This fee can be negotiated.

Is a notary required in Puerto Rico?

This is mandatory because a notary is an attorney authorized and licensed by the government of the Commonwealth of Puerto Rico to certify and attest the legality of the public deeds executed in his or her presence, the identity of both the seller and the buyer, and the municipality in which the public deed was executed.

What to ask about a home for sale in Puerto Rico?

Ask about certain Homes or Condos for sale, how long residents usually stay in the area, what the schools are like, and general living conditions.

What to expect from a real estate agent in Puerto Rico?

Depend on your real estate agent to provide you with as much information as you need so you feel secure and confident in your final choice for a Property in Puerto Rico. When the time is right to make an offer on a Property in Puerto Rico, you must trust your Real Estate Agent in Puerto Rico to assist you with preparing a fair and reasonable offer. It would be our privilege to assist you with your Home or Condo purchase in Puerto Rico. Call Us Today!

How to avoid buyer's remorse in Puerto Rico?

To avoid Buyer’s remorse over your Property Purchase in Puerto Rico, be sure you pay careful attention to the local community and neighborhood. Prior to making an offer, you should drive through the area to determine the number of for sale signs that are visible.

Is it better to buy a house in Puerto Rico or rent?

You should understand that Buying a Property in Puerto Rico is certainly a better situation than renting or leasing a House or Condo. You may find that paying a mortgage is actually less expensive than paying rent to someone. In addition, owning a Home or Condo in Puerto Rico means you have the freedom to make your own decisions with it such as any potential renovations or additions you might require.

Can you get a rate lock in Puerto Rico?

You’ll find that getting a rate lock from a bank is next to impossible in Puerto Rico, so you’re never sure if you’re getting that 5% rate for the duration of the loan or if it’s going to jump up a half point or more just 45 or 60 days later. That can make getting into any deal an uneasy proposition fraught with confusion and worry.

Is Puerto Rico a language barrier?

You may be thinking to yourself that English is the official language in Puerto Rico, so how is there a language barrier? Just because English is the official language on the Caribbean island, classified as a U.S. territory no less, doesn’t mean that everyone who lives there is fluent in English. Far from it, in fact.

Is there a process to closing a deal in Puerto Rico?

The process for closing a deal on a home in Puerto Rico can be troubling and nebulous at best due to less than organized title-keeping. There is a lax approach to the requirements for saving these types of records. Documents are sometimes incomplete or missing entirely. Unless you have a firm grasp of Puerto Rico law you may not know what you need or what is missing from the chain of title on any property you’re interested in purchasing.

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