The Puerto Rico Court of Appeals recently ruled against Modesto Guidicelli Santiago and Aileen Guidicelli Nieves in their request to file a counterclaim against Grand Homes Real Estate, Corp. h/n/c Keller Williams. The decision, issued on September 3, 2026, is significant as it affects how parties can respond to claims in contract disputes and clarifies procedural rules regarding counterclaims.

The case originated from a dispute over a real estate contract involving the sale of properties in Santurce, Puerto Rico. Keller Williams alleged that the Guidicelli parties had breached their contract by failing to honor a commission agreement after a property sale. The court's ruling impacts how similar disputes may be handled in the future.

Background

Grand Homes Real Estate, Corp., doing business as Keller Williams, filed a lawsuit against Modesto Guidicelli Santiago and Aileen Guidicelli Nieves on September 27, 2024, claiming breach of contract and seeking payment for a commission of $80,000. The dispute arose after the Guidicelli parties signed exclusive sales agreements for two properties, allowing Keller Williams to market and sell them for a commission of 6% of the sale price.

According to Keller Williams, the Guidicelli parties initially agreed to sell the properties for $2,300,000 but later attempted to change the sale price after a buyer was secured. The Guidicelli parties countered that the exclusive agreement had expired and that Keller Williams was not entitled to the commission due to alleged failures in fulfilling their contractual obligations.

The Ruling

The Court of Appeals, led by Judge Bonilla Ortiz, reviewed the Guidicelli parties' request to file a counterclaim after the lower court denied their motion. The court ruled against the request, stating that the lower court had correctly applied the procedural rules regarding the timing of counterclaims. The court noted, "The party petitioner did not provide any justification for failing to file the counterclaim at the appropriate time."

The court emphasized that the procedural rules require counterclaims to be filed at the time of responding to the initial complaint. The ruling highlighted the importance of adhering to court procedures, which are designed to ensure fair and efficient litigation.

Impact

This ruling has important implications for future contract disputes in Puerto Rico. It reinforces the necessity for parties to respond promptly to claims and to file any counterclaims within the appropriate timeframe. Failure to do so may result in losing the right to assert those claims, as seen in this case.

The decision also clarifies the application of procedural rules regarding counterclaims, potentially influencing how attorneys advise their clients in similar situations. As a result, parties involved in contract disputes may need to be more vigilant in managing their legal responses to avoid missing critical deadlines.

What's Next

The Guidicelli parties may still pursue their original defenses in the ongoing litigation, but they cannot file the counterclaim as they initially sought. The case will return to the lower court for further proceedings regarding the original complaint filed by Keller Williams.