Conveyancing Attorney Negligence in Jamaica: When Your Lawyer’s Mistakes Cost You Your Property

• Attorneys in Jamaica owe a duty of care to both buyer and lender in property transactions.
• Failure to conduct a full title search before completion is a common form of negligence.
• Releasing purchase funds before title is clear and transfer complete exposes clients to total loss.
• Negligent attorneys in Jamaica can be sued for professional negligence and reported to the GLC.
• Professional indemnity insurance should be verified before engaging any conveyancer.

In Jamaica, the purchase of real property is almost invariably handled by an attorney-at-law who acts as conveyancer. The conveyancing attorney performs the title search, prepares the transfer instrument, advises the buyer on the legal status of the property, and manages the flow of funds between parties. This role carries significant legal responsibility. An attorney who performs these duties carelessly — missing encumbrances in a title search, failing to ensure all vendors have executed the transfer, or releasing purchase funds before the transfer has been properly effected — may be liable to the client for professional negligence.

Common forms of conveyancing negligence that have been litigated in Jamaica and other common law jurisdictions include: failure to search for and report registered mortgages, restrictive covenants, or caveats; failure to advise a buyer that a property is leasehold when the buyer believed it was freehold; releasing purchase funds to a seller’s attorney before the transfer has been completed and registered; failure to register the transfer promptly, leaving the buyer’s interest unprotected; and failure to advise adequately on the risks of paying a deposit to a seller directly rather than into an escrow or attorney’s client account.

Remedies and Complaints

A client who believes they have suffered loss as a result of an attorney’s negligence has two primary avenues of recourse. The first is a professional negligence claim in the civil courts seeking damages equal to the loss suffered. The second is a complaint to the General Legal Council (GLC), which is the regulatory body for attorneys in Jamaica and has the power to investigate complaints of professional misconduct and impose sanctions. It is important to note that the GLC deals with professional misconduct, not civil negligence as such; the two proceedings are separate and may need to be pursued concurrently. Clients with concerns about an attorney’s conduct in a property transaction can file a complaint with the GLC at generallegalcouncil.org. The General Legal Council is established under the Legal Profession Act (Jamaica).

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