1. What is a Caveat?
A caveatIn Jamaican real estate, a Caveat is a formal notice submitted to the Registrar of Titles to prevent any furth... is basically a legal “warning flag” placed on a property’s titleA title is a crucial document that establishes legal ownership of a property. When a buyer agrees to purchase real estat....
- It means someone else (an individual, company, or institution) is claiming an interest in the propertyProperty encompasses a wide range of tangible assets that individuals or entities can own, utilize, or invest in, includ....
- It doesn’t stop you from listing or marketingThe process of determining, generating, and providing value to a target market in order to fulfill the demands of that m... the property, but it can delay or prevent transfer of ownershipThe transfer of ownership describes the process by which the legal rights to a property are passed from one party to ano... until it’s removed or resolved.
2. Can You List the Property?
Yes, you can list it.
- RealtorsA REALTOR® is a person who helps others buy, sell, or rent homes and land. They are part of a big group called the Nati... often market properties even if a caveat exists.
- However, you should disclose it upfront to potential buyers and their attorneys.
- The caveat itself doesn’t prevent listing, but it can affect how quickly or smoothly a sale can close.
3. Can the Property Be Sold?
Yes, but with conditions:
- The caveat must be cleared, withdrawn, or otherwise addressed before the buyerA buyer is an individual or entity that acquires goods, services, or properties through a transaction, motivated by a ne... can get a clean transfer of the title.
- No attorneyIn Jamaica, an attorney is a legal professional who provides expert advice, representation, and services related to vari... willIn Jamaica, a will is a legal document created by an individual to specify how their assets, including their belongings ... let a buyer complete a transaction if a caveat is still there, because it clouds ownership.
4. How Can a Caveat Be Removed?
There are a few options:
- Voluntary Withdrawal – The person who lodged the caveat agrees to remove it (often after being paid or settling the matter).
- Court Order – If the owner disputes the claim, they can apply to the court to have it removed.
- Lapse – Some caveats are time-limited; they expire if not renewed.
5. Practical Guidance for Your Client
- S/he can relist now with you.
- Make it clear in the listing or discussions: “Property subject to removal of caveat prior to completion of sale.”
- During the sale process, s/he can use the depositA deposit is a sum of money paid in advance to secure a commitment or agreement in a transaction, such as purchasing pro... or proceeds from the buyer to help settle the claim and clear the caveat before transfer.
- Her lawyerA lawyer in the context of Jamaica, real estate, and globally, is a licensed legal professional who provides expert guid... should guide her on the best removal route (settlement, negotiation, or court).
6. Simple Example
- Imagine you’re selling a car, but the bank has a lienLien in Jamaican real estate is a legal claim or right against a property to secure payment for a debt or obligation. It... on it because you still owe a loan.
- You can advertise the car, find a buyer, and even sign a contractA contract in Jamaican contract law is a legally enforceable agreement between two or more parties that creates mutual r....
- But you must clear the lien (pay the bank) before handing over the keys and transferring ownership.
- Same with a caveat: you can market and sign an agreement, but the sale won’t legally close until the caveat is removed.
Disclaimer
This is general guidance. Always consult with a qualified JamaicanThe term "Jamaican" encompasses the citizens of Jamaica and their descendants in the Jamaican diaspora, representing a d... attorney for legal advice on property transactionsIn Jamaica, property transactions refer to the legal processes involved in buying, selling, or transferring ownership of..., caveats, and title clearance.
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