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How Can Failing to Disclose Property Issues Lead to Legal Trouble in Jamaica’s Real Estate?

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Jamaica Now
Nov 01, 2024
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In Jamaica’s real estate world, when someone is trying to prove negligence, they need to go through four steps: duty of care, breach of duty, causation, and damages. Let’s break down each step with an example to make it clear.

A Black real estate agent in Jamaica, dressed in professional attire, stands in a dimly lit, atmospheric Jamaican property, with a look of concern etched on her face, as she holds a disclosure document
A Black real estate agent in Jamaica, dressed in professional attire, stands in a dimly lit, atmospheric Jamaican property, with a look of concern etched on her face, as she holds a disclosure document

Imagine Mr. Brown, a real estate agent in Montego Bay, is helping Miss Campbell buy her dream home. He has a duty to be honest, careful, and to give her all the important information about the house. This is called his duty of care. It means he’s supposed to act responsibly and protect her interests.

Now, let’s say Mr. Brown finds out that the house has termite damage, which can be a big problem in Jamaica because termites can destroy wooden parts of a house. But instead of telling Miss Campbell, he decides not to mention it because he doesn’t want her to change her …

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