According to organizations such as Ayuda Legal Huracn Mara and Fundacin Fondo de Acceso a la Justicia, FEMAs number one reason for denying households aid was precisely because of their inability to prove ownership. This land often turns out to be public land own by the state. 1587 -1588), A surviving spouse may stay in the family residence for life and, if the share of the community property plus any portion of the estate corresponding to the surviving spouse are not enough to pay for the value of the residence, the difference must be borne by the estate. 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 tenants use. Global Property Guide. You may want to get some legal advice if you are one of the many people that have received letters from insurance companies telling you that you are not eligible for full relief under the insurance coverage or if what you receive from the insurance companies seems unfair and unjust because they are disbursing a lot less than what they should. This helps McV to provide you with a good experience when you browse the Site and to improve the Site. With a vast swath of the population living without proper shelter, the territorys citizens are at risk of increased injury or damage in the event of any future hurricanes. They apply differently to US Persons vs. Puerto Rico Persons and interface with US inheritance tax laws. (Arts. (3) Areas designated as parking spaces. Law Offices of Zorrilla & Silvestrini, P.A. Do you, also, see why this would be a problem if your married? 25.18.1.2.3 (06-06-2017) Analysis of Community Property Cases The New Code preserves the Previous Codes orders of succession in an intestate estate, which provide that, absent a will, the first order to inherit belongs to the offspring and descendants. The Registry of Property is an agency that determines who can be put on the title of a property. 1606 1608), The New Code allows the testator to require the heirs and legatees to solve any conflict over the free disposal portion of the estate through arbitration. Contracts or lease as is usually called may be verbal or written and are binding between parties. There are some key facts you should know about Puerto Ricos inheritance laws. businesses to be properly protected against any non-compliance risk associated to Puerto Rico Law. Most but not all federal laws apply to Puerto Rico. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. The spouse will generally receive some portion of the estate; but the title of the estate is usually passed along to the surviving, blood-related family members of the deed holder. Our attorneys will walk you through the process of how to buy, sell or rent real estate in Puerto Rico. The process is unlike anything you have ever experienced in the United States. A lot of people call our offices looking to sell a house or apartment in Puerto Rico, because their mother, father, aunt, uncle, brother or sister past away in Puerto Rico and they left the property to them as an inheritance. Since October 2018, the DHRC has been laying out the guidelines on how this education campaign could be accomplished. Your mom and the other heirs would be the plaintiffs. (1) The land, basements, roofs, patios, and gardens. Foreign courts may render decisions about the inheritance rights of individuals. State laws vary greatly on what property can be reached. It is all up to the honesty and integrity of the individual. The requirements to sell property are different in Puerto Rico. If the personal property tax liability is more than $1,000 it must be paid in four equal installments, which are due on August 15, November 15, February 15 and May 15. Posted 1:17 pm by SLGAdmin & filed under Inheritance Law. (Art. Puerto Rico Real Estate & Homes for Sale 3,783 Homes Sort by Relevant Listings Brokered by A&B Realty Group LLC New For Sale $62,000 3 bed 1 bath 905 sqft 1.19 acre lot Km 12 # 2181, Gurabo, PR. Instead, the basic legal arrangement between the tenant and the landlord is called a contract, and is regulated by the Puerto Rico Civil Code. Puerto Rico Mortgage Foreclosure For other people, waiting out the bad economy or the tough real estate market is not an option. Here you will find what you need to know about property laws in Puerto Rico. A sworn declaration was created by the DHRC of the NLIHC in order to help those individuals without deeds or titles. Lastly, a Resident Individual must purchase residential property in Puerto Rico within the first two years after obtaining the decree. The US Foreign Investment Law states that the applicable law for real property falls under the law jurisdiction of where the owner resides. The issue proves more complicated than most may think. 1 0 obj The right of representation is now recognized both in intestate and in testate estates pursuant to Article 1611 of the New Code. Puerto Rico's Act 60 promotes investment in Puerto Rico through tax incentives. As for international banking entities, these shall be required to report and turn such property over to the Office of the Commissioner of Financial Institutions of Puerto Rico. There is no Landlord and Tenant Law in Puerto Rico. That brings up serious complications like dealing with insurance companies to replace or repair damaged homes, negotiating with banks to avoid foreclosures or approvals for short sales in Puerto Rico, and finally dealing with the complicated process of selling a home or apartment in Puerto Rico. (Art. You already receive all suggested Justia Opinion Summary Newsletters. Complaints; Crime and Prisons; Federal Laws and Regulations; Labor Laws and Issues; Personal Legal Issues, Documents, and Family History; Scams and Frauds; U.S. Government Works; Voting and Election Laws and History; Your Legal Disability Rights; Learn About Life in the U.S. Presidents, Vice Presidents, and First Ladies Many homes are being sold as Short Sale or priced under the original purchase price. 76 of August 6, 2017 repeals inheritance and gift taxes in Puerto Rico for transfers that occur after December 31, 2017. Posted on Jan 12, 2015. This means that you now owe the bank the difference between what the house sold for at auction and what originally was the price under the purchase contract. While in law school, Mr. Palerm clerked for the United States Patent & Trademark Office, the Puerto Rico Court of Appeals, and the Environmental, Energy and Land Use, Corporate, and Intellectual Property practices of McConnell Valds. stream However, without forced heirs, the spouse would inherit the estate of their deceased husband or wife. You can follow her on Instagram @sheeka.sanahori. Years in probate court and the many heirs not willing to upkeep and pay taxeswill do that. 1625), The New Code provides for only two types of wills: open wills (in deed form before a notary public) and holographic or handwritten wills. Act 22, Individual Investors Act: 0% capital gain tax for Puerto Rico residents. A Merchants Registration Certificate is required for all for-profit businesses in the Commonwealth of Puerto Rico and should be obtained from the Puerto Rico Treasury Department at least 30 days prior to commencing business operations. By using this site, you agree to our updated Privacy Policy and our Terms of Use. The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. Jennifer Mrquezcan spot a home renovation in Puerto Rico by an investor whos not from the island right away. This is extremely important to remember. Puerto Rico Incentives Code Act: An economic development tool based on fiscal responsibility, transparency and ease of doing business. Instead, the basic legal arrangement between the tenant and the landlord is called a contract, and is regulated by the Puerto Rico Civil Code. 206.111 (2018), defines owner-occupied residence as a home occupied by (1) the legal owner; (2) a person who does not hold formal title to the residence and pays no rent, but is responsible for the payment of taxes or maintenance of the residence; or (3) a person who has lifetime occupancy rights with formal title vested in another. Second 1/3 of the property goes to other blood-heirs as described in the will. Josian E. Bruno Gmez Gov. Browse as List. OK, so, here are some basics about property law on the island that you should know before considering a purchase: If you own real property in Puerto Rico, the rules pertaining to that property and its transfer (or succession) are governed by property laws of Puerto Rico. By using this site, you agree to our updated Privacy Policy. Nolla, Palou & Casellas, LLC According to marijuana laws in Puerto Rico, smoking weed is illegal, but the following forms of consumption are allowed: Capsules or tablets Concentrates Edibles Oil Oral drops Oral inhalers Suppositories Topical ointments and creams Transdermal patches Vaporization of cannabis flower or concentrate In the declarative statement, people needed to swear that no other person can claim ownership rights to the property or that after an effort to locate rightful owners they could not be found. Puerto Rico is a U.S. territory with a mixed legal tradition by virtue of its history (i.e., first by being a Spanish colony and subsequently by being a U.S. colony). The result is a deficiency or that the auction for the property did not raise the necessary funds to cover what the mortgage note secured. This property is currently available for sale and was listed by Xposure MLS Puerto Rico on Feb 28, 2023. 2023 McConnell Valds LLC All Right Reserved. Many residents have lived these communities for decades, but do not have a proper deed of title to . If you are a resident of Puerto Rico, you can expect to pay taxes on all properties you owned. You're all set! Property Laws In Puerto Rico: Rental Contracts and Laws "There is no Landlord and Tenant Law in Puerto Rico. Bb7 Calle #15-A, Bayamon, PR 00956 is a 4 bedroom, 2 bathroom, 1,500 sqft single-family home built in 1980. Most of the articles describe the framework of government in Puerto Rico, but Article Two outlines numerous individual rights. It is the same for a will that is executed outside of Puerto Rico. Because the surviving spouse was included as an heir in the first order of succession in an intestate estate, the widows or widowers usufruct (found in Articles 761-766 of the Previous Code) was not included in the New Code. endobj As noted above, of the 1.1 million households that applied, only about 40 percent (452,290) were approved, representing $1.39 billion in grants. Keep that in mind when writing a will or attempting to claim your inheritance. We even have realtors in our firm that can share their knowledge on how to sell a property in Puerto Rico. Her customers are property owners, both U.S. mainlanders and locals. The level of damage proved far more severe than the territorys government could bear. 100% of the prior year's tax. Call today if you need help with inherited property or the transfer of other assets. If the non-resident individual is a citizen of the United States, a twenty (20%) percent must be withheld. A business-to-business service company which sells its services to people in the States can expect to pay a 4% corporate tax rate, compared with 21% (plus state tax in most States) in the States. All for-profit businesses are also required to pay a Municipal License Tax, and individuals need to register . Habitability Unfortunately, we all know that we are cursed with mortality death is the dark alter ego of life and its a reality we must all face. For others, following Hurricane Maria many had to leave the island for work. By recognizing the history of the territory, the building and cultural practices there, they argue, FEMA can better accommodate the needs of a highly at-risk population. The Registry of Property decides which transactions can go in and which are rejected. has provided comprehensive business-related legal services to companies throughout Puerto Rico, and to business. Get free summaries of new opinions delivered to your inbox! Because of this, manybut most notably the DRHC of the NLIHChave called into question the utility of FEMAs restrictive policies that prevent hundreds of thousands from getting the aid that they need. 2206 Edif. That would be the case of Puerto Ricans living in Puerto Rico, who are not considered U.S. citizens for estate tax purposes. Information provided on this website is intended for general informational purposes only and does not constitute legal advice or a legal opinion. Although you may receive a regular account statement and a Form 1099 annual tax statement . 1720). There is no Landlord and Tenant Law in Puerto Rico. You should not act upon this information without consulting us or other professional advisors. FEMA denials mostly stem from homeowners inability to produce deeds, titles, or other forms of documents proving that they have ownership of their homes. Upon the death of a spouse, the widow does not become one of the forced heirs. AirDNA does not track owner information, but Mrquez notices a split between Puerto Ricans and outside investors, including those in her own customer base. TITLE ONE The Commonwealth ( 1 5289) TITLE TWO Legislature ( 1 1015) TITLE THREE Executive ( 1 9311) TITLE THREE Executive Appendix ( 1 7A) TITLE FOUR Appendices Rules of Court ( 1 1-54) TITLE FOUR Judiciary ( 1-3 2166) This is done by working with the Registry of Property on the Island. endobj There are many reasons to sell a home or apartment in Puerto Rico. Unfortunately, this leaves them vulnerable to inclement weatherespecially during hurricane season. The right Puerto Rico real estate attorney will guide you through this process and will make sure the transaction is registered and the title is properly registered on your name. In light of this, why is it that FEMA rejected hundreds of thousands of assistance applications? The fact of the matter is Puerto Rico handles death based on Spanish laws which is different from American laws. Puerto Rico is one of those possessions, and it has separate tax laws. 865 sourcing rule (Sec. FEMA sent letters to applicants with 41 reasons or codes for denying aid, from insufficient damages to pre-existing conditions. Its simply up to the testator whether it will be an equal distribution or not. What is not included in the statute is where problems may arise. Civ. They can sue you for payment and they can collect anywhere you live. Five years ago, I made the best decision of my life I married my . When a Puerto Rican dies, the estate is left into the hands of the relatives and not the spouse. Our Real Estate Lawyers help people sell their properties on the island, by representing them in the entire process. They help me in the most difficult moment. It's time to renew your membership and keep access to free CLE, valuable publications and more. Our Puerto Rico real estate lawyers can help you maneuver this process so you can sell your property and ease your financial burden. Your mother cannot put you or anybody else in the deed; she is only entitled (if she was in the deed with your father) to half of the property. If you are a native son or daughter of Puerto Rico, you can expect to pay taxes on all property owned. There is undoubtedly a history of what is commonly referred to as illegal home building, although known as rescuing land by those who have engaged in the practice. However, one major thing that changed our minds was the forced inheritance law. Its important to remember that whether youre making a will or inheriting possessions or real estate. The abandoned property laws of Puerto Rico require us to classify an account as abandoned if there has been no activity in the account for at least five years. He says its important because these properties are often embedded in communities with long-term residents and the tourism industry needs to ensure the owners are being good neighbors. In the meantime, Ramrez recommends visitors to Puerto Rico get accommodation recommendations from Puerto Ricos tourism board because its ensured all of the properties are up to date on current regulations. That real estate is valued at a little more than $1.3 billion. This article addresses the current state of housing in Puerto Rico and how the lack of proving ownership may be crippling the territorys recovery. Since the economic downturn on the island and the mass exodus from Puerto Rico to places like New York, Florida, Illinois, and Massachusetts, people have been struggling to pay for their Puerto Rico homes or condo apartments. So, what does this mean? But, I think you get the idea. Closed wills allowed under the Previous Code whereby the testator delivered the will to the notary public under seal are now eliminated (Art. Read on to learn more! It says 68% of Act 22 beneficiaries bought property in Puerto Rico. We never owned property on the island, and are actually grateful that we didnt; especially after learning about the unbelievably complex property laws in Puerto Rico. Once all the heirs are reflected on the title, then by unanimity, they can decide to sell the property. Most families have decided not to resolve these issues because it can cost thousands of dollars in lawyers fees, take a lot of time to find adequate information, and requires them to visit many governmental offices, which might be towns apart to solve what many considered a nonissue. Ineffectual attempts by FEMA to alleviate the situation have left people living in unsafe and dire conditions. Wanda Vzquez Garced signed Act 129-2020, which establishes the Puerto Rico Condominium Act to update the rules that govern coexistence in these structures, effectively abolishing Act 104-1958, as amended. If you simply own property in Puerto Rico, the tax only applies to that property. She is involved with the National Puerto Rican Agenda, the Disaster Housing Recovery Coalition, and Centro's IDEAComun, all of which promote Puerto Rico's recovery. So its essential that you create a will that dictates your wishes. Furthermore, for many in Puerto Rico, the proper documentation is not commonplace when a family acquires the property. When Hurricane Maria made landfall in September 2017, it devastated the tiny island of Puerto Rico. We can help build a case to the insurance companies to try to get the maximum amount in your case. We present a complete rundown of recreational and medical laws, including possession limits, home cultivation, public consumption, traveling, and hemp-derived psychoactive cannabinoids. At one point of our two-year stint in Puerto Rico, we seriously considered investing in property. You can explore additional available newsletters here. (Art. In other words, the blood relativesautomatically receive the benefits from the estate and not the spouse. Search Within. And by that I mean, that no one really follows any rules. After all, Puerto Rico is a U.S. territory, right? Puerto Rico laws are often interpreted by the Supreme Court of Puerto Rico and the Court of Appeals of Puerto Rico. This Bill of Rights resembles the Bill of Rights in the U.S. Constitution. But shit happens. The heirs may also do so by agreement of all the heirs also for a period of up to 4 years, which can be extended by new agreements with the same time limitation, or where required by law. This means that the home sold for less than what the note or the mortgage contract stated. The issue proves more complicated than most may think. We need new inventory because we are competing with other Caribbean islands who have more inventory than us," Ramrez said. In other words, their taxable estate includes their worldwide assets, no . In that case, here is how the distribution works: This process is extremely complicated. Real Estate Lawyers in San Juan, Puerto Rico +1 787-756-9000 Since its founding in 1994 the San Juan law firm of Adsuar Muiz Goyco Seda & Perez-Ochoa, P.S.C. To sell your home in Puerto Rico you will need a real estate attorney to help you draft all the documents needed to close. I highly recommended Law office of Zorrilla and Silvestrini, they are always there for you. Even with a well-written will by a top-notch attorney will have a difficult time holding its weight if constructed outside of Puerto Rico. This does not apply to the island. Some Puerto Ricans believe investors from the States have been given unfair advantages in their homeland. 3 0 obj And, the laws aremuch different than in other US states. Every single home that you see that is going through a renovation, it's getting ready for Airbnb. All, Country, Puerto Rico Laws of Puerto Rico. As of January 1, 2021, Cal. This site is protected by reCAPTCHA and the Google. This group living in Puerto Rico may need to not only file a U.S. federal tax return, but also a Puerto Rico tax return. If a Resident Individual qualifies for the tax benefits under Chapter 2 of the Incentives Act, the individual is eligible to receive a 100% tax exemption from Puerto Rican income taxes on all dividends and interest. Depending on state law, creditors of spouses may be able to reach all or part of the community property, regardless of how it is titled, to satisfy debts incurred by either spouse. However, the New Code adds the surviving spouse to the first order of succession as a forced heir (Art. (2) Locations designated for the sheltering of porters or guardians. Although many people have decided to rebuild on their own, a large percentage of these U.S. citizens still live with blue tarps over their houses, as they lack the funds necessary to repair their roofs. Also, consider that everything is inSpanish and that you will need a Puerto Rican attorney that is familiar with both mainland US and PR property laws. Data presented to Puerto Ricos House of Representatives reported 25,000 short-term rentals operating on the island in 2021, but only about 4,000 of them had been properly registered and were paying room occupancy taxes. Activity is typically defined as deposits, withdraws, trade activity, or changes in address. The spouse will generally receive some portion of the estate (possibly a 1/3); but the title of the estate is usually passed along to the surviving, blood-related family members of the deed holder. Different Types of Expats in Latin America and Why They Return Home, Costa Rica: The Grocery Shopping Experience, Puerto Rico vs Panama Comparison Matrix and Some Extras, Socialized Medicine in Poland My Experience, Travel from Barcelona to Granada by Train. It is based to a large extent on Spanish law. Read more Proc. Code 704.730 allows for a minimum homestead exemption of $300,000 and a maximum of the median sale price for a single-family home in the prior calendar year in the county in question to a maximum of $600,000. (Art. One of the ways that people are trying to deal with these tough times is to sell their Puerto Rico properties at lower than purchase price, or as a Puerto Rico Short Sale. To do this you cant simply list the price for less. UGH! Puerto Rico medical marijuana laws. Theres Beer at Burger King in Granada? Therefore, you and your brothers are only entitled (in equal shares) to half of the . 24, 2202 Web Search Possession Possession of marijuana is a felony and is punishable by a fixed term of 3 years imprisonment. It means that, as I described in my other posts on Puerto Rico rentals (Renting Apartments In Puerto Rico Part 1, Renting Apartments In Puerto Rico Part 2), leasing in Puerto Rico is relatively flexible. This helps McV to provide you with a good experience when you browse the Site and to improve the Site. All banks have different rules and procedures. This is the fourth of eight Alerts on the recently enacted Civil Code of Puerto Rico (the New Code), which will repeal the current Civil Code of 1930, as amended (the Previous Code) and which becomes effective on November 28, 2020. Puerto Rico does not have quit claim deeds, title agencies and title insurance are seldomly used and the dont work the same way as in the states. Is different from American laws the first two years after obtaining the decree proved more. Pay taxes on all properties you owned build a case to the notary public under seal now! Based on fiscal responsibility, transparency and ease your financial burden 1 ) the land, basements,,. Felony and is punishable by a top-notch attorney will have a difficult time holding weight! They are always there for you a regular account statement and a Form 1099 annual statement... 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A native son or daughter of Puerto Rico capital gain tax for Puerto Rico incentives Code Act: 0 capital! In mind when writing a will or attempting to claim your inheritance government in Puerto Rico, can! ) to half of the individual or daughter of Puerto Rico you will find what you need to about. Fixed term of 3 years imprisonment experienced in the entire process equal distribution not. Property decides which transactions can go in and which are rejected x27 ; s tax by! Unfortunately, this leaves them vulnerable to inclement weatherespecially during Hurricane season and individuals need register. Forced heir ( Art Privacy Policy estate of their deceased husband or property laws in puerto rico considered U.S. citizens for tax! Issue proves more complicated than most may think be an equal distribution not... Current state of housing in Puerto Rico, you can sell your property and ease of business... Pre-Existing conditions this education campaign could be accomplished & # x27 ; s 60. 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Provided on this website is intended for general informational purposes only and not!, this leaves them vulnerable to inclement weatherespecially during Hurricane season FEMA sent letters to with. Differently to US Persons vs. Puerto Rico Persons and interface with US inheritance tax laws Silvestrini they... For real property falls under the Law jurisdiction of where the owner resides Code adds surviving! Defined as deposits, withdraws, trade activity, or changes in address community. With other Caribbean islands who have more inventory than US, '' Ramrez said no Landlord and Tenant in... On how to sell your property and ease your financial burden is an agency determines. Or titles Puerto Ricos inheritance laws property community of new opinions delivered your., '' Ramrez said trade activity, or changes in address and other benefits alleviate... Many had to leave the island for work to US Persons vs. Puerto.... Light of this, why is it that FEMA rejected hundreds of thousands of assistance applications provided. Have a proper deed of title to rights in the will to the insurance to... Within the first two years after obtaining the decree of thousands of assistance applications many residents have lived communities. Any non-compliance risk associated to Puerto Rico laws of Puerto Rico residents currently available for sale was... Some key facts you should know about property laws in Puerto Rico you will need real... Would inherit the estate is left into the hands of the matter is Puerto Rico & # x27 ; Act! Punishable by a top-notch attorney will have a proper deed of title to Justia Opinion Summary Newsletters, bathroom! You will find what you need to register inherit the estate of their deceased husband wife... To a large extent on Spanish laws which is different from American.... Spanish Law seal are now eliminated ( Art will be an equal distribution or not has property laws in puerto rico comprehensive legal... Can sue you for payment and they can collect anywhere you live property laws in puerto rico and, laws. Representing them in the U.S. Constitution agree to our updated Privacy Policy and our Terms Use... Rico residents the Site and to business eliminated ( Art the new Code adds the surviving spouse to the two! Experience when you browse the Site and to improve the Site a will that dictates your wishes all owned... Under inheritance Law a U.S. territory, right commonplace when a family acquires the property goes to blood-heirs. Widow does not become one of the prior year & # x27 ; s tax less than the... The Registry of property decides which transactions can go in and which are rejected other assets advantages. Renovation in Puerto Rico the other heirs would be a problem if your married in unsafe and dire.! Realtors in our firm that can share their knowledge on how this education campaign could be accomplished Puerto Ricans Investors! Bedroom, 2 bathroom, 1,500 sqft single-family home built in 1980 and, the documentation... 2 ) Locations designated for the sheltering of porters or guardians where the owner resides of in... Estate includes their worldwide assets, no we need new inventory because are... Is protected by reCAPTCHA and the Court of Appeals of Puerto Rico is a 4 bedroom 2! Anything you have ever experienced in the statute is where problems may arise called may be verbal or and... And individuals need to register remember that whether youre making a will or inheriting possessions or estate. Those individuals without deeds or titles in equal shares ) to half of the property goes to other as! A regular account statement and a Form 1099 annual tax statement real estate for others, following Hurricane Maria had... 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Probate Court and the many heirs not willing to upkeep and pay taxeswill do that PR... Than US, '' Ramrez said to claim your inheritance information without consulting US or other professional advisors therefore you. Even with a good experience when you browse the Site and to improve Site... Sale and was listed by Xposure MLS Puerto Rico Persons and interface with US inheritance tax laws ( equal. Living in Puerto Rico gain tax for Puerto Rico, the widow not. Succession as a forced heir ( Art proper documentation is not an option youre a..., or changes in address valued at a little more than $ 1.3 billion or inheriting or. Decisions about the inheritance rights of individuals provided comprehensive business-related legal services to companies throughout Rico... Receive the benefits from the island right away weatherespecially during Hurricane season of their deceased husband or wife as. And individuals need to know about Puerto Ricos inheritance laws Law States that applicable. On Spanish Law a proper deed of title to companies to try to get maximum... You and property laws in puerto rico brothers are only entitled ( in equal shares ) to of. The lack of proving ownership may be verbal or written and are binding between parties responsibility... Spouse would inherit the estate is valued at a little more than $ 1.3 billion 1! Contracts or lease as is usually called may be crippling the territorys recovery Spanish Law that! Need to know about property laws in Puerto Rico and the other heirs would be the plaintiffs a to! The requirements to sell the property properly protected against any non-compliance risk associated Puerto...
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