THE proliferation of gated communities and increasing use of artificial intelligence (AI) have been cited by attorney Kimberlee S Dobson as two reasons it has become even more important to have an attorney on your side of the bargaining table when purchasing property.

“When you’re buying strata units, it’s a bit different than if you’re buying a regular house. There are additional checks and queries that need to be done, and a lawyer familiar with the rules and law related to these properties would be in a position to make certain queries; and also ensure that the sale agreement reflects the situation that exists,” she told the Jamaica Observer.

Dobson is with an eponymous boutique firm that includes real estate and estate management among its list of legal services.

In recent years, there have been several much-publicised cases of buyers being left out of pocket after developers fail to deliver what was promised. In many cases, purchasers complain of getting little or no redress. According to Dobson, a competent attorney could help prevent some of these problems before they arise. For example, a lawyer who has a solid grasp of conveyance — which simply means the transfer of property from one owner to another — can help demystify the transaction of buying a strata unit.

The attorney would check on details such as whether the property is registered with the Commission of Strata Corporations, whether all the required building approvals are in hand, and ensure that the developer fulfils all responsibilities before the buyer pays — or at least put contingencies in place.

“You have times where developers know that there’s a modification that’s needed but they would still go ahead and build before they get the modification, and then they apply,” Dobson explained.

“If you have an attorney involved in the process, they would ensure that there’s a term in the sales agreement that would address what happens in the event that you don’t get certain approvals,” she assured.

Dobson views the purchaser’s attorney as his wingman, someone who has his client’s back at all times. This support is especially important as nefarious individuals use AI to pull the wool over the eyes of the unsuspecting or the naïve.

Social media is replete with posts of software-generated images legitimately used to market property, but it is easy to see how this tool can also be abused. And long before technology took us this far, there have been cases where fraudulent documents are passed off as genuine.

“Apart from the fact that they have more gated communities, another reason I would say [use a lawyer is] because of AI and people using technology to manipulate documents and create false things,” said Dobson.

“You have people selling one property to different persons. The attorney would do certain checks and make certain queries to search the title and ensure that the vendor actually has the capacity to sell it to you,” she added.

As Dobson pointed out, a lawyer’s expertise can also be invaluable in situations where, even though the seller owns the land and can sell, there are other legal hurdles that must be navigated for the sale to go through.

“For example, if a piece of land is being sold out of a large plot, your attorney would make certain enquiries of the vendor and ensure the agreement for sale is tailored to address the situation. Another example is if there is a caveat registered against the title,” she told the Sunday Observer.

A caveat is essentially a stop order that blocks any deals that impact the title.

“In some instances — depending on the type of caveat registered — the intervention of the court may be required to have the caveat lifted. In such instances, the sale would be affected until the issue of the caveat is resolved through the court or through settlement,” said Dobson.

An added benefit of having a lawyer is that he can help you negotiate a good deal.

“Another important role of the purchaser’s attorney is to explain the sale process to you, guide you as well as to peruse the offered sale agreement by the vendor and to negotiate terms of the sale agreement with the purchaser’s interest and circumstances in mind,” said Dobson.

“Sale agreements generally contain terms which can affect a purchaser financially in the sale process if the purchaser does not appreciate the terms in the agreement and their implications,” she added.

For example, a lawyer can help explain terms such as undertaking and interest in addition to clauses such as time of the essence, forfeiture, those relating to escalation of fees, and help the buyer navigate fallout from related situations.

“Depending on the relevant term the purchaser fails to honour, the purchaser may find himself exposed to significant financial loss during the transaction. The purchaser’s attorney also ensures that the right of the vendor to forfeit or do any other act pursuant to one of the contract clauses, does, in fact, arise in law,” said Dobson.

She stressed that while it is the vendor’s attorney who takes the lead during the sale, the purchaser’s attorney plays a vital role in following up with his colleague and doing everything needed to protect the buyer’s interest.

Unfortunately, the hefty fees charged by lawyers are often a stumbling block and many buyers go ahead without them. Attorneys typically charge anywhere between one and four percentage of the sale price. In addition, some lawyers have a minimum fee for real estate transactions.

Because they are shelling out big bucks, clients sometimes have unrealistic expectations of their lawyers. Dobson pointed to a few steps in the process that purchasers sometimes mistakenly think fall within a lawyer’s duties but, in fact, do not.

“In my experience, persons tend to believe that the attorney is responsible for getting the valuation and the survey and [help] with the mortgage application parts of it. Usually we don’t do that. It’s the purchaser that is supposed to secure these things,” she clarified.

She said, at the most, an attorney may recommend professionals who can assist with those steps in the process. She also stressed that it is a purchaser’s responsibility, once the sale is completed, to ensure that the tax roll is updated to reflect his name.

“When the attorney gives the letter for you to change over your utilities, like the water, it’s you that should go to the relevant office to lodge the relevant letter to have the tax roll updated with the purchaser’s name,” said Dobson.

If this is not done, it can lead to the property owner not receiving notices of overdue taxes, for which they will still be liable and can be hauled before the court.

DOBSON… the intervention of the court may be required to have a caveat lifted.

A lawyer doesn’t do everything associated with a property purchase but may be able to recommend other professionals who may be able to help.