Jamaica Primetime
How do I sell Jamaican land from overseas?
Published Aug 27, 2012QUESTION: Dear Legal Wiz,
I spoke to you about 30 minutes ago and gave you my email address and phone number. I hope you don't mind that I took the liberty to email you first as, I am seeking your guidance as how would I go about selling land in Jamaica when both parties whose names are on the title live overseas.
Winnie Pascal
RESPONSE: Dear Winnie Pascal,
Thank you for your communication. You should consider getting representation either from an attorney, or someone with whom you can appoint your agent with a power-of-attorney document with trained knowledge to act on your behalf. Although the actual sales agreement can be drafted and signed in a foreign country, there are certain procedures that can only be done in Jamaica, such as fees to be paid to relevant government entities as required by law and otherwise. This site provides more information on how to buy and sell property in Jamaica. You may consider getting the assistance of a member of our team.
Legal Wiz
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You need to have a representative in Jamaica and it does not have to be a Lawyer initially, but a Real Estate Agent.You will provide them with written authority to act on your behalf. This must be signed by both Owners and notarized. The Agent will obtain the Title, if you do not have an uptodate one, with a Surveyor's report showing the size and boundaries of the lot of land. When this is obtained they will get a valuation of the land and then they can advertise the property for sale. When a Purchaser is found the Agent will need the services of an Attorney to draw up the Sales Agreement. These documents will be sent to you by Courier Services for Signatures which must be notarized. All of these efforts costs money and many Jamaicans living abroad seem to believe that Professional services cost nothing in Jamaica. You must be prepared for expenses to see this through to the end and should consider what the land is worth versus the legal and other expenses are, in order to bring the contract to a tidy conclusion.
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