Roldan Flecha, Lizbeth v. Cruz Cruz, Luis Alberto
KLAN202500272
Tribunal De Apelaciones De Pue...May 5, 2025Background
- Lizbeth Roldán Flecha bought a property from the Cruz-Martínez spouses in Las Piedras, Puerto Rico, via sales contract with a notable "AS IS" clause indicating acceptance in current condition.
- After the purchase, Roldán Flecha discovered concealed defects (a collapsed roof) and sued Cruz-Martínez for rescission of contract due to fraudulent concealment (dolo) and damages.
- The defendant argued the buyer waived any claims for property defects through the explicit contract language and prior opportunity to inspect the house.
- The lower court initially denied summary judgment due to factual disputes, but upon reconsideration, dismissed Roldán Flecha’s action with prejudice, holding the "AS IS" clause was a valid waiver.
- Roldán Flecha appealed, asserting that such waiver is invalid if seller acted fraudulently or concealed defects, and factual disputes remained on those points.
- The Appellate Panel found both sides' summary judgment filings failed to meet procedural requirements and that factual disputes remained, particularly regarding knowledge and disclosure of defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of "AS IS" clause on defect claims | Roldán: Does not bar redhibitory actions if seller knew/acted fraudulently | Cruz-Martínez: Waives all claims for hidden defects | "AS IS" clause does not bar claims if fraud or knowledge of defects proven |
| Buyer's inspection & knowledge | Was not an expert; defects not visible | Had opportunity to inspect; accepted property | Factual dispute as to whether defects were knowable exists |
| Seller's knowledge/disclosure of defects | Seller knew/did not disclose (dolo) | Seller had no knowledge/fully disclosed | Must be resolved at trial; summary judgment inappropriate |
| Proper use of summary judgment | Significant facts in dispute; merits needed | Sufficient documentary evidence, no disputes | Summary judgment reversed; case remanded for trial |
Key Cases Cited
- García Reyes v. Cruz Auto Corp., 173 D.P.R. 870 (P.R. 2008) (renunciation of warranty for hidden defects not valid if seller knew or acted with fraud)
- González v. Agostini, 79 D.P.R. 510 (P.R. 1956) (waiver of responsibility for defects requires seller's lack of knowledge or bad faith)
- Domínguez v. Caguas Expressway Motors, Inc., 148 D.P.R. 387 (P.R. 1999) (existence of hidden defects and knowledge is a factual issue for trial)