We have written several articles on how to purchase real estate in Jamaica. However, this article will deal particularly with buying property in Jamaica as a foreigner.  To become more acquainted with buying property in Jamaica generally, you can click here .

Do I Need A  TRN  When Buying Property in Jamaica As A foreigner

Anyone wishing to do business with any government entity in Jamaica must have a tax registration number (TRN). Buying property in Jamaica as a foreigner requires doing “business” with government entities. Therefore,  buying property in Jamaica as a foreigner requires the foreign buyer to obtain a valid TRN.

How to Obtain a TRN When Buying Property in Jamaica As a Foreigner 

Obtaining a TRN is quite easy. You will need to visit any  Tax Office in Jamaica with a valid form of Identification. This may be in the form of your driver’s licence or passport. You will be required to complete a form. Details such as full name, date of birth and place of residence are required to complete the form. Upon completion of the form, you will get a slip of paper with a nine-digit number which is your TRN. The application is a same day process.

If you will not be coming to Jamaica until the sale is completed, you can complete the application process online here . If the process is too complicated for you, you may ask your attorney to apply on your behalf.  Most real estate attorneys have experience in applying for TRN for overseas clients.

If your real estate attorney is applying for the TRN on your behalf, he will need a letter of authority from you. The letter of authority would grant the attorney permission to make the application on your behalf. This letter must be notarized by a Notary Public. If it is not notarized, then it will not be accepted. You are also required to copy the first two pages of your passport and have a notary public sign the photocopies as a true copy of the original.

Buying Property in Jamaica As A Foreigner -Where to Buy    

When buying property in Jamaica as a foreigner, most people tend to go to the North of the island. They take particular interest in parishes such as St. Ann and Trewlany.  Manchester is a favourite for returning residents, mainly because it is cooler and relatively safe compared to other parishes. If you prefer to live in the urban area, there are really beautiful luxurious apartments overlooking the Caribbean Sea near the oceanfront in downtown. For a look at what is currently available, you may visit local real estate websites. This can be very helpful.  An excellent real estate agent can help you to find a property that will meet your needs.

What you should know about buying Apartments vs Houses

When buying property in Jamaica as a foreigner,  one must also consider the type of property they wish to purchase. This is important because most apartments fall under The Registration of Strata Titles Act.  When a property falls under this piece of legislation, you will have equal rights in the common areas along with all the other residents in the complex. Common areas include areas such as swimming pools, tennis court and playgrounds.  You are also required to pay a monthly fee, known as a maintenance fee, to help with the upkeep of the common areas. If maintenance fees are not paid you run the risk of losing your unit. It is important, therefore, to inquire about the cost of maintenance when purchasing apartments. You should also note that some townhouses fall under the same legislation and as such the same rules apply.

On the other hand, the greatest advantage of buying a strata property is the price. You can potentially get a lot more amenities such as swimming pool, tennis court etc for a lot cheaper than buying a house with the same amenities.

Time

Real estate transactions in Jamaica can take a really long time compared to most first world countries.  It typically takes 90-120 days to close a real estate transaction in Jamaica when the purchaser is using a mortgage to finance the purchase.

Cash sales, on the other hand, can take from 38 days to 60 days.  Foreigners buying properties in Jamaica can become very frustrated with these time frames. However, the biggest contributor to this long period is the Stamp Office. The contract for sale has to be stamped and stamp duty and transfer tax are required to be paid. The transfer tax, in particular, is assessed based on the value of the property.  This means that a field visit is required and a valuator is sent out to do their independent assessment of the property.  This is to ensure that the government is getting its fair share of transfer tax.

Cost

The cost to do a real estate transaction in Jamaica is about 5.5% of the purchase price of the property. This does not include the cost for valuation report and surveyor’s report. There is also usually an additional $58,250 for the cost to prepare the agreement for sale. 3.25% can be broken down as follows:

1. Stamp duty $2,500 (JMD)
2. Attorneys fee 3%
3. Registration fee payable to the National Land Agency 0.25%

Finally, buying property in Jamaica as a foreigner can be a bit complicated if you have no guidance. Please do your research. If you have any questions please feel free to use our live chat for a free consultation.

Select a Good and Honest Real Estate Lawyer 

The truth is buying a property in Jamaica as a foreigner comes with a few disadvantages. The most common is that a lot of people will try to cheat you. They assume you are ignorant and wealthy and as such, they will try to get as much out of you as possible. You avoid being cheated by hiring a competent and honest real estate lawyer. Do your research. You can start by searching for real estate lawyers in Jamaica, review their profile and make a few phone calls.

Do I need A real estate Lawyer?

The law does not require anyone at any point to have a lawyer. However, it is always within your best interest to seek independent legal advice especially if you will be doing the transaction from overseas. Your lawyer’s duty is to ensure that the contract that you sign is within your best interest.

If you are a foreigner buying property in Jamaica, you can use our free chat for a free live consultation. If no one is available for a free chat we will respond within 12 hours, please leave us a message.

DISCLAIMER:

The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from your attorney. 

The post Buying Property in Jamaica as a Foreigner appeared first on FTCW Law | Property Lawyers In Jamaica.

Going through a divorce can be very stressful, the length of time and cost to get a divorce in Jamaica can further that stress. On average,  divorce in Jamaica starts at $120,000 and can take up to 18 weeks to complete. The competence of your divorce lawyer and the complexity of your case will influence the cost of your divorce and the length of time it will take.

Before Getting Started

Not everyone who is married will qualify for a divorce in Jamaica. It is important therefore to satisfy the following requirements before approaching your divorce lawyer. This can certainly save you a lot of time since most lawyers will charge a consultation fee separate from the cost of conducting the divorce proceedings on your behalf.

Jamaican National or Domiciled in Jamaica

For anyone to get a divorce in Jamaica, at least one of the parties to the marriage would have to be a Jamaican national or domicile in Jamaica.  The court will also consider those who are ordinarily resident in the country for at least a year immediately preceding the divorce application.

Married for at least 2 years and separated for at least one  year

The Matrimonial Causes Act contains the law that governs divorce in Jamaica. According to that Act, you must have been married for at least two years and separated for at least one year before applying for divorce in Jamaica. That one-year separation must be continuous leading up to the date of the application. However, separation is not limited to couples who are living apart.  Section 6 of the Act makes allowance for couples who are living together under the same roof. They will be considered to have been separated if, for instance, they do not operate as man and wife under the same roof.

Irretrievable Breakdown of Marriage 

For a divorce application in Jamaica to be successful, one has to prove that the marriage has broken down irretrievably. This would mean that there is no likelihood you and your spouse will get back together.

Arrangement for Children

When petitioning for divorce in Jamaica, provisions for the relevant children is tantamount. Relevant children in this context mean children under 18 years of both parties or a child under 18 years of one of the Petitioner who was accepted as a child of the family by the other party. In the event of a child who is over 18 years and under 21 pursuing tertiary education, provisions will have to be made for this particular child.  Provisions for the relevant child includes living accommodations, school arrangements, medical needs, and maintenance. If these issues are not agreed upon by both parties at the time of filing the petition it can potentially delay the divorce process.

Documentation

Once all the above requirements are ticked off, you will need the original marriage certificate. If you have lost it, you may apply for another copy at the Registrar General’s Department. The original marriage certificate will be submitted to the Court along with the Application for the Decree Nisi.

Information necessary for Divorce In Jamaica

Divorce in Jamaica starts with an application by way of Petition. The petition is completed by the Petitioners lawyer and filed in court. To draft the Petition, you will need to supply the lawyer with the following information:

1. Your full name
2. Your address
3. Occupation
4. The other party full name, address, and occupation
5. The date of the marriage, place of marriage and marriage officer (which is why the divorce lawyer will require a copy of the marriage certificate (this information can be found on the marriage certificate.
6. Name and date of birth of all the children
7. The reason for the breakdown of the marriage
8. Date of separation
9. Income of petitioner and respondent
10. Health and education for the children

The petition is accompanied by affidavit evidence. The affidavit will basically expound on the details and information contained in the Petition.

The Affidavit and petition are signed by the Petitioner and witnessed by a Justice of the Peace if the Petitioner is in Jamaica and a Notary Public if the Petitioner is overseas. Once completed the petition is sent to the Tax Administration of Jamaica to be stamped. Stamp duty on divorce is $5,000.00. Once stamped the divorce lawyer will file the petition and affidavit.

Service of Divorce Documents on the Respondent 

Within three weeks of filing the petition and affidavit, your divorce lawyer will return to collect the documents. The documents will have the court seal and the registrar signature. The sealed petition along with the affidavit should then be personally served on the respondent. If the respondent is overseas, a process server may serve the said documents on the Respondent. The process server can be an independent third party. One should bear in mind that the process server will be required to sign the Affidavit of service (usually prepared by the lawyer) and his signature should be witnessed by a notary public. The affidavit of service will say how the respondent was served on what day, at what time and where.

Once the documents are served on the Respondent he may respond by filing an Acknowledgement of Service and an Answer. In the event that no Acknowledgement of Service or Answer has been filed the divorce lawyer can go ahead and file the Decree Nisi along with draft order and Affidavit of the Petitioner and Affidavit of search. The court will check these documents and once satisfied, it will grant the Decree Nisi.

Six weeks must elapse between the granting of the decree nisi and an application for a decree absolute. The application for decree absolute contains will require the following documents:

1. The application
2. An affidavit in support
3. An affidavit of search
4. Preparing a draft absolute.

The Petitioner or Respondent may apply for the decree absolute. This is the final step in the divorce proceedings and when the decree absolute is signed by a judge it indicated that the marriage is dissolved. If at any time prior to granting the decree absolute there is reconciliation between the parties then the decree nisi will be rescinded.

We trust that you will find this article helpful if you have any questions please do not hesitate to contact us via telephone or use our free live chat below.

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