Introduction: Understanding the Legal Framework in Puerto Rico

Puerto Rico’s legal system blends U.S. influence with Spanish civil law traditions. Unlike many U.S. states, where an attorney or title company can close a deal, in Puerto Rico, only a licensed attorney-notary can legally authorize a real estate transaction. That makes it critical to understand who does what—and who you need to hire.

At Puerto Rico Real Estate, PSC, we specialize in simplifying the legal side of selling property. We’ll connect you with trusted notary attorneys, explain the escrow process, and make sure your sale is not only smooth—but also 100% legal.

Do I Need a Lawyer or a Notary in Puerto Rico?

✅ The Key Difference: In Puerto Rico, They’re Often the Same Person

To close a real estate sale, you need a notary—but not just any notary like in the mainland U.S.

In Puerto Rico:

• A Notary Public must be a licensed attorney.

• Only this kind of notary can prepare and sign the Escritura de Compraventa (Deed of Sale).

• The notary also files the deed at the Registro de la Propiedad (Property Registry).

So while you may hear “notary” or “attorney” used interchangeably, the person you need is both: a Puerto Rico licensed attorney who also serves as a notary public.

✅ What the Notary Does in a Closing

Here’s what your notary will do:

• Review the title and registry history

• Prepare the Deed of Sale

• Ensure CRIM, HOA, and other obligations are paid

• Validate the identity of buyer and seller

• Host and witness the signing

• File the deed in the Property Registry

• Coordinate with the buyer’s lender and escrow agent (if needed)

What’s the Role of Escrow in Puerto Rico?

Escrow is also handled differently on the island.

• There are no formal escrow companies like in many U.S. states.

• Instead, the buyer’s funds are often held in a trust account managed by the notary.

• In some cases, attorneys or brokers facilitate private escrow arrangements, but this is less common.

At Puerto Rico Real Estate, PSC, we only work with attorneys who manage closings through secure and insured trust accounts, ensuring your funds and documents are handled safely.

Key Legal and Logistical Considerations at Closing

📄 Required Documents the Notary Will Handle:

• Copy of your Deed

• Property Registry certificate

• CRIM certification (no debt)

• HOA Clearance, if applicable

• Title clearance

• Buyer’s loan documentation (if applicable)

• Valid IDs of all parties

• Payment instructions

We help gather all required documents prior to scheduling your notary appointment so there are no surprises.

🧾 Who Pays the Notary?

In Puerto Rico, it’s customary for the buyer to select and pay the notary, though this can vary. The seller pays to cancel existing mortgages and may also be responsible for certain CRIM debts or HOA clearances.

We guide both parties through who pays what, and negotiate the fairest arrangement based on your transaction.

Common Questions from Sellers

Q: Can I bring my own lawyer to review everything?
A: Yes, and many sellers do—especially for complex sales or estate properties. That lawyer won’t prepare the deed (that’s the notary’s job), but can advise and protect your interests.

Q: Can I use a notary from the U.S. mainland?
A: No. Only Puerto Rico-licensed notaries who are also attorneys can legally close a real estate deal here.

Q: What if I live off-island?
A: We specialize in remote closings. You can sign via power of attorney, and we’ll coordinate with your notary to ensure everything is secure and compliant.

Why Work with Puerto Rico Real Estate, PSC?

Because we don’t just list your property—we manage every detail from listing to legal.

What We Handle:

• 📜 Notary selection and scheduling

• 📁 Document preparation and delivery

• 🔍 Title clearance and CRIM coordination

• 🧾 HOA certifications

• 💼 Power of attorney for off-island sellers

• 🗓️ Closing calendar and coordination

We’ve helped hundreds of sellers—both on and off the island—close confidently, legally, and on time.

Real Seller Testimonial

"I didn’t know the legal process in Puerto Rico was so different from the mainland. Puerto Rico Real Estate, PSC walked me through it, found a great notary, and coordinated my remote signing. It was easier than I expected!"
— Linda S., San Diego (property sold in Fajardo)

The Bottom Line

Yes, you absolutely need a notary to close real estate in Puerto Rico—and that notary must be a licensed attorney. Don’t risk delays, rejection by the registry, or legal problems. Work with a team that understands the law, the process, and the island.

Contact Puerto Rico Real Estate, PSC

📞 787.244.6364
📧 [email protected]
🌐 www.ThePuertoRicoRealEstate.com

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