Wednesday, March 11, 2009

Real Estate in Jamaica - Costs on Sale


Subsequent to comments from a reader I have decided to address the issues of costs to be borne by both vendor and purchaser during a real estate sale.

When a purchaser pays signficant amounts for property, perhaps his largest ever investment in his lifetime, he is sometimes stumped by the additional costs that get tacked on to the purchase price, indeed if he were not aware of these before it was actually demanded, it could lead to the sale falling through simply due to lack of ability to pay in full. Thus Purchasers need to make themselves aware of these charges prior to commiting to a purchase. Likewise Vendors have fianancial obligations when they sell property which results in them not taking home the gross purchase price and they too need to make themsleves aware of the amount they are likely to net when they are planning to sell property.

  • Transfer Tax
As stated earlier, under the Transfer Tax Act this is mandated to be borne by the Vendor. It is a capital gains tax. Fortunately for Vendors this tax has been reduced over the last year. Now this tax which is payable on on an ad valorem basis has dropped to 5.5% to be paid by the Vendor on the fair market value of properties sold under contracts dated January 1, 2009 and later.

  • Stamp Duty

The practice is for this to be borne by both parties equally and is currently set at 4.5%. It too is an ad valorem tax imposed on the contracts for sale of land.

  • Attorney's Fees

This is for you to negotiate with your lawyer but usually starts from upwards of 2% of the value of the property being sold. In addition there are additional charges for the contract and the letters of possession and to the utility companies.


  • Registration Fee

This is the fee payable to the National Land Agency sometimes referred to as the Titles Office and is currently 0.5% of the consideration/purchase price as displayed on the transfer. Again the practice is for this to be borne by the vendor and purchaser.

Thursday, December 4, 2008

Real Estate - Inheritance issues


They say two things in life are certain: death and taxes, both of which have implications in conveyancing.

I have noticed that some visitors to this blog have landed here after searching for issues relating to estate planning/inheritance/death duties in connection with real estate matters. This has led me to consider publishing an E-book so that I can shed some light on what is no doubt a scary (for some) but necessary and practical subject.

Please let me know via the comments or email (see the About Me section) if you are amenable to this.

Wednesday, December 3, 2008

Jamaican Real Estate in Trouble


Well another blow has been delivered to the housing markets with reports of climbing interest rates. Amusingly, this comes one day after an article in AXIAFX waxing about the phenomenal returns on investments in the Jamaican real estate market. It will be interesting to watch whether these so called high returns will be able to be sustained.

The fact of the matter is that the real estate market has been in decline for sometime and this should come as no surprise as the Jamaican economy is not immune to the shocks being felt in the United States and elsewhere. To compound the matter is the fall out encountered at the hands of those unscrupulous captains of the alternative investment schemes who exploited vulnerable and in some cases greedy participants. Now we have banks and mortgage institutions increasing interest rates under pressure from the Bank of Jamaica. This is supposedly an attempt to curtail the free fall of the Jamaican dollar relative to the US. It will however definitely impact negatively on local businesses on a whole and the real estate market is no exception as pointed out recently in the Jamaica Observer. For what this means is the cost of money will go up in circumstances where not much money is floating around anyway. It is no wonder that small business owners protested today about the hike in interest rates. They and we are staring at serious financial crisis a fact supported by the looming lay-offs and redundancies expected in some industries.

If this high interest rate policy is allowed to continue it is my humble opinion that the real estate market will not be able to yield the "phenomenal" returns referred to above. It will instead lead to more non-performing mortgage loans, more foreclosures, less purchases; in other words a general slow down if not collapse of the market. Fortunately these things are cyclical and the market will rebound. The question is when.