Real Property Investing

Most of us know what it’s like to move houses; maybe your job takes you from county to county or around the country so you’ve done it numerous times, or perhaps you are more of a settler and have only moved once or twice in your lifetime, yet no matter how many times we have entered the conveyancing process of buying or selling a house, the same inevitable complications crop up, with some new ones to boot!

Lost clothes, bad tiling, the old owners taking their light switches with them are just a few of the problems that you can face when looking to move into a new house; however, when it comes to the legal aspect of the conveyancing process, there are a plethora of new concerns to worry about.

This is why you should be very careful when choosing which conveyancing solicitors to go for, as the wrong choice could land you with a heap of bother; follow the advice in this article to ensure that you have the smoothest conveyancing process possible.

Note the following rules:

1. Communication of acceptance - Generally, an offer is not accepted until it is brought to the notice of the offeror, but there are exceptions to this rule:

(i) Acceptance by letter or telegram is usually complete as soon as the letter is posted or the telegram handed in (the “posting’ rule) even though it never reaches its destination.

(ii) In the case of instantaneous communications, for example, telex and telephone, the contract is only complete when the acceptance is actually received by the offeror or his agent. Thus if through a fault in the line the offeree goes on speaking but the offeror cannot hear him, no contract will result.

Standard and Degree of Care

The standard of care is fixed - that of the ordinary reasonable man. The degree of care which an ordinary reasonable man would use is relative and whether or not an act or omission is negligent depends upon the circumstances of the particular case.

Remoteness of damage

A plaintiff can only recover compensation for loss which in Jamaica real estate law is not too remote a consequence of the wrongful act. A defendant is liable only for damage which could reasonably have been foreseen.

2. Conditional Acceptance - A conditional assent of an offer does not constitute acceptance. Thus an acceptance which is made “subject to a formal contract being drawn up” is not effective until the condition has been fulfilled.

3. Tenders - If, for example, a person wishes a house to be painted or certain goods to be supplied, he may ask contractors or suppliers to submit estimates. These estimates, called tenders, are offers which may be accepted by the person requesting the tender.

It will become increasingly important in the future to sensitize the all the players in the Jamaica real estate market, including vendors, purchasers, landlords, tenants, mortgage companies, Jamaica real estate apartment agents, brokers and salesmen of the proper method of operating with respect to an offer and acceptance

Resource Author Francisco Rodriguez H.
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