Picture waking up and peering through sheer white curtains to see yellow-tailed birds dancing on the ledge of your beautifully stained wooden patio. You stand at the doorway to gaze on the blue Caribbean Sea. You look to the right, and then to the left to observe gently sloping lands carpeted with lush green vegetation. You walk onto your patio at the dawning of the day to inhale the crisp light morning air and listen to the elegant whispers of yellow-tailed birds. This is what you worked for all your life. This is your home. This is your investment. This is your retirement paradise on the beautiful island of Bequia.
Undoubtedly, a home is likely to be the single, most important investment you will ever make in your entire life. Your home represents years and years of savings, and years upon years of debt! So when it comes to such an enormous investment, who wants to have the unflattering experience of being duped by some stealthy, deceptive lawyer?
Buying a home can definitely overwhelm the average purchaser. First, local laws in St.Vincent and the Grenadines can sometimes be unfriendly, and the myriad of conveyancing matters often involve complex legal issues, are expensive and are often quite frustrating. Further, there are so many different persons involved in the process: real estate agents, mortgage brokers, land valuators, land surveyors, inspectors. And the all important final link to your island paradise home – your lawyer.
The role that a qualified and knowledgeable lawyer can play in smoothing out the land acquisition process and allaying the several pitfalls that can arise becomes increasingly necessary. Sometimes, hiring a lawyer may seem like just another added cost, but this could save you thousands of dollars (and peace of mind) in the long run.
How Should I Choose a Real Estate Lawyer?
If you are a foreigner wishing to purchase land in St. Vincent and the Grenadines, you want to be sure that you have chosen a reliable, accessible and efficient lawyer to handle your purchase. Here are a few things to consider when choosing your lawyer to assist you with purchasing real estate in the Caribbean, particularly in St Vincent and the Grenadines:
1. Choose a lawyer who specialises in Real Estate Matters
In St. Vincent and the Grenadines, any lawyer can do any transaction. However, we have seen too many instances where the lawyer chosen by a client is so overwhelmed with a massive case load that the client’s file gets tucked neatly under the scores of other files on the lawyer’s desk. In purchasing land, time is almost ALWAYS of the essence in the contract. Select a lawyer who can dedicate the time and effort needed to close the deal in the shortest possible time.
2. Choose a lawyer who knows about the Real Estate market
Your lawyer can serve multiple purposes. There are lawyers in St. Vincent who are able to give you, as a prospective homeowner, additional insight in your search for the best property. He can also assist you in dealing with Real Estate agents, your mortgage broker, and other parties to the transaction. Your lawyer could also draft the Agreement for Sale, oversee the negotiation and execution of the Agreement for Sale, organise with your land surveyor, and arrange for you to get independent valuation done on the property, just to name a few.
3. Choose a lawyer who is accessible
Some months ago, a client was referred to me. The client was frustrated, to say the least, because she had retained a local attorney to purchase a piece of property on her behalf, and after two (2) whole years, after dispatching batches and batches of documentation, and after making the required deposit for the purchase of the property, she was no closer to receiving title to the property. To make things worse, her lawyer seemed not to use his email or didn’t even have a cell phone! In 2015, you really should not have to fly to St. Vincent and the Grenadines to meet with your lawyer in order to get the job done! You should be careful to choose a lawyer who is accessible. Does the lawyerhave an online presence? I believe that should be the litmus test. Is your lawyer accessible by Skype? Is his email working? Does he reply to your emails promptly or does it take weeks at a time? These are important questions you should ask your lawyer from the onset of the lawyer-client relationship.
These are but a few things to take into consideration when choosing a lawyer for your land purchase in St. Vincent and the Grenadines. Don’t be duped out of your money. Choose wisely.
—
Posted by Meisha S. Cruickshank. Meisha is a Barrister and Solicitor in St. Vincent and the Grenadines. She practices in the areas of Land and Property Law, Estate Planning and Family Law. You can reach her by phone at 784-451-5669 or email at meishacruickshank@gmail.com.
