A New Dawn After the Storm
When Hurricane Melissa made landfall, it didn’t just bring rain—it brought reflection. From Negril to Morant Bay, the sound of wind and water became the soundtrack of resilience. Roofs were torn, roads flooded, and homes bruised, yet the Jamaican spirit remained unshaken.
In every community, you could hear the same refrain: “Wi haffi build back.”
And build back we will. But as we rebuild our walls, many Jamaicans now face another kind of storm—one that blows not through our streets but through our contracts, our finances, and our property transactions.
For those buying, selling, or closing on a home when Hurricane Melissa hit, questions have risen like floodwaters:
- “If the property mi buying mash up, who going fix it?”
- “Can I still go through with the sale if the roof gone or the land flood out?”
- “Mi insurance still cover it if we never sign off yet?”
These are not small questions. They go straight to the heart of how Jamaican property law works—and how fairness, compassion, and clarity must guide us through these challenging times.
“Every hurricane tests the strength of our roofs, but also the strength of our resolve.” — Dean Jones
1. Who Really Bears the Risk Before Completion?
Under Jamaican property law, the general rule is clear: the seller (vendor) carries the risk until completion—that is, until the sale has been finalized, the transfer is registered, and the title endorsed in the buyer’s name.
So, if Hurricane Melissa damaged a property before the sale was completed, the loss usually falls on the vendor. In plain terms: if the hurricane hit before you “get the key,” the vendor generally remains responsible for the damage.
However, this depends heavily on what’s written in your Agreement for Sale. Some contracts include a “risk” or “force majeure” clause, shifting responsibility earlier or providing specific remedies for natural disasters. Others say nothing at all, leaving the parties to rely on established legal principles and common sense.
This is where your attorney-at-law becomes your compass. They will review your contract to determine whether you are obligated to proceed, entitled to withdraw, or can renegotiate.
Jamaican courts tend to apply principles of equity—fairness—especially after events that were beyond anyone’s control. The key is to act in good faith. Buyers shouldn’t take advantage of the seller’s hardship, and sellers shouldn’t force completion when the property no longer reflects the bargain made.
“Real estate is not just about property—it’s about people, purpose, and the power to rebuild.” — Dean Jones
2. Insurance: The Forgotten Shield
Insurance plays a silent but powerful role in property transactions, especially in Jamaica, where many homes are owned outright without a mortgage. It’s not uncommon for insurance to lapse once a mortgage is cleared, leaving the property vulnerable.
If you’re a vendor, and you still have insurance, don’t cancel your policy until the transaction is complete and the buyer officially owns the property. Notify your insurer immediately if your property sustained damage from Hurricane Melissa. Documentation is key—photos, videos, and assessment reports help preserve your claim.
If you’re a purchaser and haven’t yet taken possession, you should avoid making repairs or claiming insurance unless advised by your attorney. If the vendor’s insurance is valid, they should pursue the claim; if not, negotiations may be necessary to adjust the purchase price to reflect the damage.
Mortgage lenders, including National Housing Trust (NHT) and commercial banks like NCB or Sagicor Bank, often require comprehensive coverage during loan periods. But properties sold without mortgages—common across rural and urban Jamaica—may not have any coverage at all.
The lesson here is simple: keep your insurance active until every last signature is done and dusted. In a country where the Atlantic can change its mood overnight, protection should never be an afterthought.
“Preparation is not paranoia; it’s the quiet wisdom that keeps us standing when the storm has passed.” — Dean Jones
3. Renegotiating the Sale After Disaster
Let’s say you were weeks away from completion when Hurricane Melissa struck. The roof blew off, the perimeter wall collapsed, and the yard looks like a mini pond. Now what?
Here are your main options under Jamaican law and common practice:
- Renegotiate the Price:
Both parties can agree to adjust the purchase price to reflect the cost of necessary repairs. This must be mutual, transparent, and fair. It’s wise to obtain an independent valuation or damage assessment before renegotiating. - Delay Completion:
The parties can agree to extend the closing date to allow time for repairs or insurance settlements. This should be documented in writing through an addendum to the sale agreement. - Rescind (Cancel) the Agreement:
In extreme cases—such as total destruction or uninhabitable conditions—either party may be able to cancel the agreement if completing the sale would be unjust. This depends on the specific contract terms and the level of damage.
Jamaican courts, following equitable principles, generally aim to prevent unjust enrichment—meaning one side shouldn’t unfairly benefit from the other’s loss. Both buyer and seller should show goodwill and work toward a solution that honours both the letter and the spirit of the agreement.
And here’s where the witty truth sneaks in: as Jamaicans, we know a little rain never stop di show—but when a hurricane mash up yuh roof, it’s a whole different story.
That touch of humour aside, the message is serious: while property can be repaired, relationships and reputations are harder to fix. Approach negotiations with empathy, not ego.
4. The Emotional and Human Side of the Law
After a disaster, property law is not just about sections and subsections—it’s about people trying to find stability again. Many Jamaicans, especially those who lost homes or income, are facing tremendous stress.
This is why communication and compassion are just as critical as legal precision. Real estate transactions can easily become emotional minefields during such times. Buyers may feel fear, sellers may feel frustration, and both may feel helpless against the forces of nature and bureaucracy.
If you’re a realtor, remember your role extends beyond property—it’s about guidance and empathy. You may not have the power to repair a home, but you can help repair trust. Attorneys and agents should avoid language that adds pressure and instead encourage calm, reasoned dialogue.
If you’re a client—buyer or seller—don’t make decisions in panic. Sit with your lawyer, your family, and your realtor to review options. Be honest about what you can manage financially and emotionally.
In the end, the law offers structure, but humanity offers solutions.
“In times of crisis, true community is measured not by contracts signed, but by compassion shown.” — Dean Jones
5. Practical Steps You Should Take Now
If your property transaction was interrupted by Hurricane Melissa, here’s what you can do to protect your interests:
a. Review Your Sales Agreement Carefully
Check who bears the risk of loss before completion. Look for clauses mentioning “damage,” “acts of God,” or “force majeure.” If the contract is silent, your attorney can interpret your rights under Jamaican law.
b. Document Everything
Take photos and videos of the property damage. Obtain written reports from valuators, contractors, or insurance adjusters. These documents may become vital evidence later if disputes arise.
c. Communicate in Writing
Whether you’re the buyer or the seller, keep all discussions and agreements in writing—email or letter. Verbal agreements can lead to confusion and misunderstandings.
d. Seek Legal and Professional Advice
Before spending or committing to any repair, consult your attorney. The Bar Association of Jamaica offers directories of licensed lawyers, and reputable real estate boards can direct you to registered agents.
e. Stay Informed and Patient
Insurance claims, government relief programs, and rebuilding efforts take time. Patience and persistence will help ensure fair outcomes.
6. Learning from the Winds: Towards Resilient Real Estate
Hurricane Melissa has reminded Jamaica of two truths: that nature is unpredictable, and that preparation is power. But it also invites us to reimagine how we manage property law in a changing climate.
Our system—rooted in British common law traditions—has served us well for decades. But as hurricanes become stronger and more frequent, Jamaica must explore reforms that address post-disaster property transactions directly.
Some possibilities include:
- Adding mandatory disaster clauses in standard sale agreements.
- Encouraging insurance-linked lending, so even cash buyers are encouraged to keep protection active.
- Developing government-backed disaster relief guidance for real estate transactions.
By embedding resilience in our laws, we do more than protect property—we protect people.
“Progress in real estate isn’t measured by concrete poured, but by confidence restored.” — Dean Jones
7. A Call to Rebuild with Wisdom and Grace
As we move forward from Hurricane Melissa, every hammer that strikes a nail echoes a story of resilience. Jamaica’s property market, like its people, will rise again—stronger, smarter, and more compassionate.
But rebuilding isn’t just about fixing structures; it’s about restoring trust—in the system, in our laws, and in each other. Whether you’re a first-time homebuyer, a seasoned investor, or a realtor guiding clients through uncertainty, this is a moment to lead with both heart and clarity.
In times like these, we are reminded that a house is not just a structure—it’s a promise. A promise of safety, stability, and belonging.
And so, as the winds die down and the blue skies return, let us rebuild with both wisdom and warmth. For every challenge that storms bring, Jamaica answers with unity.
Closing Words
Hurricane Melissa may have tested our roofs, but it also revealed the foundations that hold us together—community, fairness, and faith. Property transactions may be legal by nature, but in their essence, they are deeply human acts of trust.
So, as you navigate your path—whether buying, selling, or rebuilding—remember that every decision made with integrity becomes part of Jamaica’s recovery story.
Stay safe, stay informed, and take care of your family and neighbours as we rebuild together.
Because no matter how fierce the storm, Jamaica always finds its way back to sunshine.
Image Disclaimer
Images used in this article are for illustrative purposes only. They do not depict actual properties, individuals, or damage caused by Hurricane Melissa. Any resemblance to real persons or locations is purely coincidental. Jamaica Homes and Coldwell Banker Jamaica Realty make no representation or warranty regarding the accuracy, condition, or availability of any property shown.