Jamaican agreements for sale typically have two layers. The standard or general conditions, often printed, cover routine matters such as title, possession and default. A special condition is a term written in for this particular deal, and where it conflicts with the standard conditions it normally takes priority.
Common examples include making the sale subject to the buyer obtaining a mortgage commitment by a certain date, subject to a satisfactory valuation or inspection, subject to a split title or subdivision approval, or subject to the court approving a sale by an estate. Others deal with practical points: the seller repairing a roof before completion, fixtures and fittings to be included, a tenant vacating, or who pays which closing costs.
The drafting matters. A good special condition says what must happen, by when, who must do it, and what follows if it does not happen, for example whether the deposit is refunded in full. Vague wording such as “subject to finance” invites disputes. Because the vendor’s attorney usually drafts the agreement, the buyer’s attorney should review the special conditions before the buyer signs, and either side can propose changes. In the UK and Canada, the equivalents are special conditions and conditions or contingencies in an agreement of purchase and sale.
Related terms: Agreement for Sale, Conditions for the sale, Conditional Contract, Loan Commitment, Fixtures and fittings, Vendor’s Attorney.
Accurate as at October 2026.
