Frequently Asked Questions

QWhat is the difference between Joint Tenancy and Tenants-in Common?

If you are purchasing land with another person e.g. your sibling, parent or spouse, you will be asked to indicate whether you want to hold it as joint tenants or tenants-in-common.

Joint Tenants have rights of survivorship so if you die before the other owner(s), they will automatically own the entire property and have all the rights associated with that ownership.

Tenants-in-common need not hold equal shares in the property e.g. you could own 70% of the property and your sibling 30%. In addition, your portion of the property does not automatically go to the other owner if you die before them. Instead, you can use your will to determine who the property should go to.

QDo I have to be in Jamaica to do a land transaction?

You do not have to be in Jamaica to buy or sell land here. Through your attorney, all documents can be prepared and sent to you for signature. Depending on where you are located, the requirements for witnessing your signature will vary and your attorney will provide guidance on this. The movement of funds can be facilitated through wire transfer.

QHow long does it take to complete the sale or purchase of property?

Agreements for Sale usually state the length of the transaction anywhere from 45 days to 120 days (6 weeks to 4 months). These days are counted after the agreement has been signed by both the purchaser and the vendor. The length of time is agreed by both parties through their attorneys based on funding arrangements e.g. the purchaser needing to obtain a mortgage, and the availability of the property e.g. the vendor needing to find a new home.

The length of time between making an offer on a property and having the keys in hand will be a little longer than this because there is often a period of negotiation between the attorneys before the Agreement for Sale is signed.

QWhat is a trademark?

A trademark is a graphical representation that differentiates goods or services of a person, company or other legal entity from others. These graphical representations may be comprised of letters, numbers, names, images, colours etc.

QHow long does it take to register a trademark?

The process of registering a trademark takes from 6 months to a year because of the various steps involved.

QHow long is trademark registration effective for?

Your trademark registration will be effective for ten years.  At that point you will have to renew your registration.

QWhat is the difference between a business name and a company?

A company is a legal entity that is considered to be separate from its members or owners. A business on the other hand, is not a separate legal entity and has no legal identity or existence outside of its members.
For more detail please read [Incorporation vs Biz Name document]

QCan I register a company even though there is another company with a similar name?

No, Jamaican law does not allow you to register a company with a name that is the same as or too similar to an existing company. Once your register your company, your company’s name will be protected in the same way.