2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 99A - Real Estate Businesses and Profession of Real Estate Broker, Salesperson or Company (§§ 3025 — 3061) › § 3046 - Department of Consumer Affairs—Powers

The Department of Consumer Affairs is hereby empowered to supervise the real estate business in the Commonwealth of Puerto Rico and the sale in the Commonwealth of Puerto Rico of real estate located outside the Commonwealth of Puerto Rico. Pursuant to the provisions established below and to the purposes established above, the Department of Consumer Affairs may:
(a) Carry out investigations, motu proprio or by petition of an interested party about real estate proprietors, planners, developers, brokers, salespersons, or companies that execute transactions with regard to properties located in or outside of the Commonwealth of Puerto Rico, for violations of any act or practice prohibited under this chapter. Provided, that when the complaint is filed, the complainant shall provide evidence that he/she has previously required the real estate proprietor, planner, developer, broker, salesperson, or company to cease and desist from the prohibited act or practice or to comply with the pertinent provisions, which they have not done.
(b) Require that any real estate proprietor who sells or offers to sell real estate in Puerto Rico which is located outside of the Commonwealth of Puerto Rico post a bond.
(c) To advise consumers of those laws that protect them when buying real property located in or outside the Commonwealth of Puerto Rico, through announcements or the media. In the case of the sale of property located outside the Commonwealth of Puerto Rico, the proprietor may be required to pay for said announcements before the Department of Consumer Affairs authorizes him/her to commence the sales operations.
(d) Consider and adjudicate complaints filed by consumers under the provisions of this chapter.
(e) When the Department of Consumer Affairs, after the corresponding investigation, determines that a real estate broker, salesperson, or company has incurred in any practice prohibited by Section 30 of this Act and § 3054 of this title, it may request assistance from or intervention by the Department of Justice, and shall also notify the same to the Board not later than ten (10) working days for the pertinent action of the Board pursuant to this chapter.
(f) The Secretary of Consumer Affairs shall use all his/her powers and authorities that have been conferred onto him/her by §§ 341 et seq. of Title 3, for the investigation, handling, adjudication, and disposition of the complaints that are brought before his/her consideration under the provisions of this chapter.
(g) The provisions indicated in this section shall not limit the accountability of real estate corporations, businesses, partnerships, associations, trusts, organizations, proprietors, brokers, salespersons or companies in actions filed against them in any court of competent jurisdiction.
(h) Establish a registry of natural and juridical persons engaged in the sale in the Commonwealth of Puerto Rico of real estate located outside of the Commonwealth of Puerto Rico.
(i) In the exercise of his/her discretion and pursuant to the powers vested in him/her by law, direct the freezing of the posted bond, until any initiated administrative procedure is concluded by the Department or by the filing of a consumer complaint.
History —Apr. 26, 1994, No. 10, § 23; Sept. 26, 2005, No. 118, § 4.