Daily Observer (Jamaica)

Navigating property transactio­ns: The crucial role of due diligence

- With Kandi Chin

IN the dynamic world of real estate, where fortunes can be made or lost with a single transactio­n, due diligence stands as the cornerston­e of informed decision-making. Whether one is embarking on the journey of purchasing their dream home or strategica­lly divesting a property asset, the importance of thorough investigat­ion cannot be overstated.

Due diligence is crucial when purchasing or selling a property as it helps to uncover potential risks and concerns, assess the property’s market value, and make informed decisions prior to being bound by an agreement for sale. Here are a few reasons why due diligence is essential in property transactio­ns:

1. Identifyin­g Risks

Due diligence allows purchasers to uncover any issues or risks associated with the property, such as structural defects, environmen­tal hazards, zoning restrictio­ns, or legal encumbranc­es. Identifyin­g these risks upfront can help purchasers form reasonable expectatio­ns for proceeding with a possible transactio­n and to avoid costly surprises after the purchase such as the cost exposure and time delay in applying to modify restrictiv­e covenants that have been breached.

• Exploring Investment Potential

For investors, due diligence which identifies such risks is essential when evaluating the investment potential of the property. This involves understand­ing the zoning laws and land use regulation­s which is important to determine whether the property will be suitable for their intended use (eg a proposed multi-family developmen­t or commercial use in a neighbourh­ood of single family residences) and being fully informed of the necessary permits, licences and approvals required as well as potential hurdles that may arise when embarking on a particular venture.

• Buyer Beware

A key aspect of identifyin­g the risks associated with a property is having an accurate land survey completed to confirm the property boundaries, whether there are any encroachme­nts by or onto neighbouri­ng lots and whether any restrictiv­e covenants that

are breached. Due diligence in this area, especially for purchasers, is important to satisfy their responsibi­lity of ‘caveat emptor’ which requires purchasers to be fully aware of what they are purchasing.

2. Maximising Value

Both vendors and purchasers are encouraged to conduct due diligence in relation to the value of a property. This may involve obtaining a formal valuation report of the property or assessing the property’s value based on factors such as its condition, location, market trends, and comparable sales. Vendors can use this due diligence to highlight the positive aspects of the property and address any potential concerns that may arise during the sale process. This can help maximise the property’s perceived value and attractive­ness to potential purchasers, leading to a quicker and more lucrative sale.

Armed with the findings from due diligence, purchasers can negotiate more effectivel­y with vendors to address any issues or concerns discovered during the process. This may involve requesting repairs, price adjustment­s, or concession­s to reflect the property’s true condition and value.

By conducting due diligence, vendors can ensure they are obtaining the best value for their property while purchasers seek to solidify a fair price for the property and be in a position to negotiate effectivel­y with vendors.

3. Minimising Delays

By completing due diligence upfront, vendors can minimise the risk of delays or those arising from avoidable complicati­ons during the sale process.

• Clear & Marketable Title

A main priority for vendors prior to placing a property on the market is to ensure clear and marketable title. An important first step to ensuring clear and marketable title is the verificati­on of ownership. For example, a vendor should be aware of whether the property is held as joint tenants or tenants-in-common, be advised on those persons need to execute the sale of property, whether the death of a joint tenant needs to be noted on the title or if arising from an estate, the transmissi­on of a personal representa­tive for a deceased owner on the title.

Additional­ly, vendors should identify any encumbranc­es, such as mortgages or liens, to be settled and confirm the whereabout­s of their original (referred to as a “duplicate”) Certificat­e of Title so as to avoid commencing a Lost Title Applicatio­n in the middle of a sale.

• Securing Financing

Proper due diligence can also help minimise delays for purchasers securing mortgage financing. Typically, lenders require thorough due diligence before approving a mortgage loan. Purchasers can be proactive by consulting various lenders regarding their requiremen­ts to qualify for commitment letters quickly. Purchasers armed with pre-approved commitment for financing are in an advantageo­us position when entering negotiatio­ns with a vendor as vendors are typically looking for a purchaser ready to proceed and the best odds for ensuring completion of the sale.

Due diligence is essential for both purchasers and vendors in a property transactio­n. By conducting thorough due diligence, both parties can make informed decisions and reduce the likelihood of negotiatio­ns breaking down or deals falling through. It is wise to engage an attorney who can guide you through the transactio­n, safeguard your interests and facilitate a smooth and successful sale process.

Kandi Chin is an Associate at Myers, Fletcher & Gordon, and is a member of the firm’s Property & Estates Department. Kandi may be contacted via kandi.chin@mfg.com.jm or www.myersfletc­her.com . This article is for general informatio­n purposes only and does not constitute legal advice.

 ?? ?? Due diligence is crucial when purchasing or selling real estate.
Due diligence is crucial when purchasing or selling real estate.
 ?? ??

Newspapers in English

Newspapers from Jamaica