Advice & Help

Should I complain about attorney or selling land process?

jamaica attorney and reports
Written by Jamaica Legal Wiz

QUESTION: Dear Legal Wiz,
I hope that you are fine. I spoke with an attorney already, but I just wanted a bit of advice/guidance in terms of me selling a property in Jamaica (while living in the UK). My father died and left some land and a house. My brothers and my sister have decided they wish the property. Thus, we transferred the properties into or names and even found a buyer for the house. We have been trying to facilitate this since at least August 2016 using a solicitor in Jamaica.

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After putting the properties in our name and having the buyer and being told it would take two months we were then given a time frame which we find quite outrageous and unacceptable. Please could you look at the email below and advice me if this seems to be a correct estimation in regard of completion and transfer of funds:

As discussed and previously advised:-

1. Once the Agreement and deposit are in hand – we will submit to Stamp Office for Assessment (process takes 4-6 weeks);
2. Once the duties are paid the Deed of Transfer will need to be cross-stamped (2-4 weeks)
3. Closing/disbursement of funds is expected to be 120 days (4 months/16 weeks) from date of the Agreement; and
4. The lending institution will not disburse until their mortgage is registered and the title transferred to the Purchasers (this takes 3-5 weeks).

We have contacted the Purchasers’ Attorney and are awaiting a response in respect of the Deposit being paid and signed Agreement being returned to us. We will revert to you upon availability of the information. jamaica attorney and reports

We will keep you apprised of any new development.

Can you advise would these tasks outlined about be completed one at a time i.e. 4-6 weeks + 2-4 weeks + 4 months + 3-5 weeks?

Or will it simply be within 120 and all the above tasks be completed concurrently by our solicitor?

Please can you help as we getting frustrated with our solicitor in terms of the time taking to complete.
Shan Stupart

RESPONSE: Dear Shan,
Kindly outline your exact issue. From what you have outlined, it seems the solicitor already outlined the tasks and time frame that are needed for completing the tasks.
Please therefore write again with specific questions other than what was responded to by the attorney. If it is that you do not understand what was told to you, it is in your interest to ask that attorney/solicitor to break it down for you.

Legal wiz

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EDITOR’S NOTES:
The above does not constitute legal advice. Inhouse senior journalists research and discuss with specialists eg attorneys-at-law, as necessary before posting responses. In conclusion, names are changed at times by request.

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Jamaica Legal Wiz

A network of professional experts, mostly Jamaicans, from varied fields including as priority paralegal, investigation, research, real estate, construction, arts and entertainment, certified Attorneys (civil and criminal law), journalism. Information is researched, then published, on this site, in the interest of the wider public. Link me here