P.R. Laws tit. 31, § 1294a

2019-02-20 00:00:00+00
§ 1294a. Powers of Secretary of Department of Consumer Affairs

The Secretary of the Department of Consumer Affairs is hereby empowered to issue regulations, pursuant to the procedures set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, geared toward:

(a) Requiring the registration of apartments in the Department of Consumer Affairs prior to their advertising, offering or sale.

(b) Guarantee that potential unit buyers are offered all necessary information to be able to make an intelligent decision to buy.

(c) Setting forth criteria for publicity and propaganda that ensure the announcement of precise and complete information that can be easily understood by the buyers.

(d) Set forth in behalf of lessees who have been living in a unit prior to the date in which same is submitted to the horizontal property regime the necessary rights to avoid eviction, rent increases, and being forcefully evicted without first having been offered a true opportunity to buy the unit in which they reside, or a reasonable term to vacate the premises.

(e) Set forth a reasonable term for the original seller of an unit that had been occupied prior to the date in which the unit is submitted to the horizontal property regime to respond for any construction vices or defects of the unit.

(f) Protect the interests of the buyers of apartments during the term of administration of the unit owner that submits the building to the horizontal property regime, pursuant to § 1293-1 of this title.

These regulations shall apply to the sale of apartments intended for residential use that form part of a common promotion and sales plan of at least ten units, except for that issued pursuant to foregoing subsections (c) and (d), which shall apply to all sales of apartments intended for residential use. Said regulations shall not apply to sales pursuant to a court order, or sales carried out by a government or agency of the same.

History —June 25, 1958, No. 104, p. 243, added as § 49 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 39, eff. 90 days after Apr. 5, 2003.