P.R. Laws tit. 23, § 64d-5

2019-02-20 00:00:00+00
§ 64d-5. Joint liability of voluntary and involuntary acquirers

The obligation of the owner of a property for his proportional share of the expenses indicated in § 64d-3 of this title shall constitute a lien on said property when it was constituted pursuant to § 64d-1 of this title. Therefore, the voluntary acquirer of the property thus encumbered shall be jointly liable to the transferor for the payment of the sums he owes pursuant to § 64d-3 of this title until the time of the transfer, without prejudice to the acquirer’s right to claim restitution against the other grantor for the amounts he has paid as joint debtor. The involuntary acquirer of a real property subject to this subchapter shall be responsible only for debts arising from the expenses set forth in § 64d-3 of this title that have not been satisfied during the six (6)-month period preceding the time of acquisition of the property, as well as for any balance that may have accumulated from the acquisition of said property by the involuntary acquirer, which balance shall be paid on monthly installments or within the term provided by the Homeowners” Council, Board or Association. For purposes of the above provisions, an involuntary acquirer shall be a mortgage lender that acquires a real property when collecting a debt subject to this subchapter.

The proprietor of a property subject to an encumbrance by virtue of the provisions of §§ 64—64h of this title shall be bound to inform any voluntary acquirer of said property of the liens that encumber the same for the expenses indicated in § 64d-3 of this title. The information on the liens that affect the property must be furnished to the voluntary acquirer prior to the closing of the corresponding transaction.

The voluntary acquirer may sue the title holder who fails to inform him of said encumbrances for twice the total amount of the debt for the expenses indicated in § 64d-3 of this title, plus the costs and attorney’s fees of the plaintiff’s attorney.

History —May 20, 1987, No. 21, p. 63, added as § 12 on Aug. 10, 1988, No. 156, p. 669, § 8; Aug. 5, 2016, No. 119, § 1.