Is my issue with the attorney or in selling the land

May 22nd, 2017 by LegalWiz | Print Is my issue with the attorney or in selling the land



QUESTION: Dear Legal Wiz,
I hope that you are fine. 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 bothers 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.

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.

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. It seems the solicitor outlined the tasks and time frame that are needed for completing the tasks.

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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