Any urbanizer, land developer, or builder of an urbanization, parceling or subdivision who, motu proprio, through any other person, or in any manner, offers, exhibits, promotes or, announces the sale of dwellings, parcels, plots or tracts of land with controlled access, must present the original certificate of the pertinent permit, as issued by the municipality, at the time he/she agrees to, or signs any commitment or purchase option. If on the date said option is signed, the petition for an access control permit is still pending in the pertinent municipality, the urbanizer or developer shall be bound to inform the status of said petition to the potential buyer. Every urbanizer or developer shall present to every purchaser, a certified copy of the access control permit issued by the pertinent municipality at the time the bill of sale is granted.
Any person who does not comply with the above shall be subject to an administrative fine of not less than one thousand five hundred dollars ($1,500), nor of more than three thousand dollars ($3,000). Each failure to comply with the obligation imposed above, shall be deemed as a separate violation.
No urbanizer, land developer, or builder of an urbanization, parceling or simple subdivision may, motu proprio, through any other person, or in any way, offer, exhibit, promote, or announce the sale of dwellings, plots, parcels or tracts of land by inducing the belief that the street, urbanization or community shall have controlled access, without having obtained from the corresponding municipality and keeping in effect, the access control permit required in §§ 64—64h of this title, and if the permit has been applied for, he/she shall indicate the stage in which it is found. Any person who violates the provisions of this section shall be subject to an administrative fine of not less than one thousand five hundred dollars ($1,500) nor more than three thousand dollars ($3,000). Each day that the above violation is incurred shall be deemed as a separate violation.
The Department of Consumer Affairs shall have primary jurisdiction to elucidate and resolve the complaints presented under this section according to the procedures and norms established in §§ 341 et seq. of Title 3, known as “Department of Consumer Affairs Organic Act”, and to the regulations adopted by virtue thereof, which are not incompatible with the provisions of this section.
History —May 20, 1987, No. 21, p. 63, added as § 4a on July 16, 1992, No. 22, § 5.