Whether you are a first time home buyer or the seller or a real estate developer, let our capable staff handle your matter.

Real Estate Law

The firm has considerable experience in Property / Real Estate Law and clients locally and overseas have enjoyed the benefits of our knowledge and experience in the following areas;

  • Conveyance
  • Registration of Lands under the Registration of Titles Act
  • Notation of Death
  • Modification or Discharge of Restrictive Covenants
  • Application for Strata Titles
  • Caveat Against Registration
  • Discharge of Mortgage

If I am purchasing a property do I need the services of a Land Surveyor?

It is recommended that you engage the services of a Commissioned Land Surveyor to ensure that what is described on the Certificate of Title is actually what is on the land. The surveyor checks the boundaries, size of the land, etc and checks whether there is any infringement of any land use law, regulations, and whether there are any encumbrances. You must make it known to your lawyer whether any discrepancy has been revealed by the Commissioned Land Surveyor.

If I am purchasing a property do I need the services of a Valuator?

A Valuator is necessary to confirm whether the Purchase Price is the market value of the property. The market value is basically the amount you could sell the property for if you were to sell it on the open market. This will help you to make an informed decision about whether purchasing or selling.

How quickly will the sale be completed?

  • If it is a cash purchase, the transaction can be completed in approximately 60 days.
  • If it will be financed by a mortgage, it will take 90 -120 days, depending on how quickly the requirements of the lending institution are satisfied.

Is it ok to use the same lawyer who is acting for the other party?

Although this is legal, it is NOT recommended. Whilst it may be less expensive to use the same lawyer, the seller and the purchaser may have a competing interest and a conflict of interest may arise. Nevertheless, once the parties are agreed and the matter is fully explained and ventilated by the Attorney-at-Law to all parties concerned, you may use the same Attorney-at-Law.

If the Purchaser cannot complete the sale, will he /she lose the deposit paid?

The Purchaser may lose up to 10% of the Purchase Price if he/ she fails to complete the sale as agreed. In Law, the Vendor is entitled to 10% of the Purchase Price as damages for the breach of contract. This is one of the reasons it is important to retain the services of an Attorney-at-Law to discuss the terms and conditions of the Agreement for Sale before you sign.

What are the costs associated with the purchase of a property?

  • Attorney’s cost to prepare the Agreement for Sale,
  • Attorney’s cost to prepare Letters of Possession,
  • Attorney’s fee on transfer,
  • Stamp Duty and Registration fee,
  • Mortgage application fee, (If applicable)
  • Surveyor’s report,
  • The valuation report, and off course, the
  • Purchase Price.

Contact us for further details.

What are the costs associated with the sale of a property?

  • Attorney’s cost to prepare the Agreement for Sale,
  • Attorney’s cost to prepare Letters of Possession,
  • Attorney’s fee on transfer,
  • Stamp Duty, Transfer Tax and Registration fee,
  • Pay outstanding mortgage, property taxes and water charges if applicable and as the case may be, and
  • Real Estate Agent fees (if applicable),

 

Please note that other fees and charges may be applicable as the case may be. Contact us for further details.

How much will I pay in taxes to sell/buy a property?

The taxes and charges payable are a percentage of the market value of the property.

Taxes and Duties payable to the Government The Buyer Pays The Seller Pays
Transfer Tax nil 2%
Stamp Duty $2500.00 $2500.00
Registration Fee 0.25% 0.25%

What is the amount of deposit that is required by the Seller?

The deposit normally required is 10 -15% of the Purchase Price.

Can non-Jamaicans buy property in Jamaica?

YES, however, all persons buying or selling property in Jamaica must have a Taxpayer Registration Number. Please contact us for further details.

Our lawyers practicing in this area include: