By Sean-Christopher Castle, Managing Partner | Cardinal Law Post-Hurricane Legal Series
A Different Kind of Property Market
Hurricane Melissa changed more than the skyline; it reshaped Jamaica’s property market. In the weeks since the storm, buyers have been reassessing their choices as cracks, leaks, and drainage failures appear in homes that once seemed flawless.
Reports like “Dream Homes Turned Nightmares” in the Jamaica Gleaner show that some recently built units suffered significant roof, flood, and electrical damage just months after handover. This article outlines how to approach any purchase now, carefully, methodically, and with the right legal guidance.
1. Inspect Personally or Through Trusted Eyes
If it is safe, visit the property yourself. Look past the paint and tiles; check roof seams, gutters, drains, retaining walls, and windows for leaks or separation.
If you are abroad or cannot travel, ask your realtor for updated videos and photographs and their honest view of the property’s condition. Licensed real estate professionals are expected to act honestly and provide accurate information about a property’s condition, but you should still verify independently.
Tip: Bring a qualified contractor or quantity surveyor. An independent inspection can reveal issues missed during staging or walkthroughs
2. Review the Developer’s Track Record
Not every “modern” development was built to withstand a Category 4 storm. Registered Architect Patricia Green, PhD, writing in the Gleaner (“Strapping Roofs Can’t Be the Solution”), cautioned that quick fixes will not solve poor design or workmanship.
Before you enter into an Agreement To Purchase (“Agreement For Sale”; “Deed of Sale”):
- Do your research on the Developer, the Development and the Location;
- Ask your attorney to confirm that the developer is properly licensed with the Real Estate Board; and
- Ask your attorney to confirm whether building approvals were issued by the requisite authority(ies). If there are reports of prior flooding or structural defects, request documentation of what corrective work was done or is planned to be done. Quality and compliance are far more valuable than cosmetic finishes.
3. Check the Defects-Liability Period
Most Agreements for Sale in Jamaica usually have a defects-liability period. If the unit or purchase was recently completed, find out whether it is still under the six-month (or 180-day) defects-liability period that usually follows completion or possession. During that time, developers are required to fix workmanship-related defects at their own cost.
If the 180 days have expired, weather damage is usually treated as a new insurance event, not a construction defect. However, if the hurricane exposed underlying flaws such as poor waterproofing or weak/improper roof installation, the developer may still be liable if the defects period is active.
Ask your Attorney for the completion certificate and handover letter, since both may determine when the 180 days began and ended.
4. Buying “Off-Plan” or Pre-Construction Units
‘Off-plan’ or ‘pre-construction’ purchases refer to agreements where buyers commit to purchase a unit that has not yet been completed or, in some cases, not yet started. The price and features are agreed in advance, based on plans, models, or renderings provided by the developer.
If you signed an agreement for sale before completion and the unit or site was damaged by Hurricane Melissa, the key question is “who now carries the risk?“. Most off-plan contracts state that risk passes on delivery of possession or completion, not before. Until that point, the developer usually bears responsibility for repair and delivery of a unit that meets building-code standards.
Review the contract’s force-majeure clause with your lawyer. Some agreements allow developers extra time to rebuild after natural disasters; others allow either party to cancel if completion becomes impossible. Never accept verbal promises; insist that any variation or extension be put in writing and signed by both sides.
5. Confirm the Insurance Status
The National Housing Trust (NHT) has reminded mortgagors that all peril-insurance claims must be submitted within the deadlines stated in each policy.
Before you buy, confirm that the property’s insurance was active when Melissa struck and that there are no unpaid premiums or pending claims. If the vendor has made a claim, request copies of the adjuster’s report and insurer correspondence. You may also contact the insurer directly to verify the policy’s standing. This prevents you from inheriting unresolved damage once the title is transferred.
6. Evaluate Flood and Wind-Risk Zones
According to Reinsurance News and Reuters, insured losses from Hurricane Melissa across Jamaica and Cuba are estimated between US $2.2 billion and US $4.2 billion. Those figures show how essential location risk has become.
Ask your attorney or realtor to review hazard maps to see if the property lies in a high-risk flood or wind corridor. Coastal, gully-edge, and hillside areas may face higher insurance premiums or require mitigation work before occupation. Budget realistically for those long-term costs.
7. Re-examine the Sale Agreement
Hurricanes can alter obligations under existing contracts. Have your attorney review the agreement for sale to identify who bears risk of damage between signing and completion/possession, whether the vendor’s insurance remains valid until transfer, and how delays, repairs, or price adjustments are handled before closing.
If anything is unclear, request a written addendum confirming that the property will be delivered in good repair and that your deposit remains protected if additional damage occurs before completion.
8. Take Your Time
A recovering market rewards patience. Do not rush to sign simply because others claim prices will rise. Take time to verify the property’s integrity, insurance coverage, and documentation with professional help. A few extra days of due diligence now can save years of repair costs and legal disputes later.
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A Note to Buyers
Hurricane Melissa exposed weaknesses not only in roofs and drains but also in contracts, construction practices, and oversight. Buying a home remains one of life’s biggest milestones, but in this season, caution is wisdom. Ask questions, verify everything, and rely on sound legal guidance.
The right property should bring security, not surprises.
About the Author
Sean-Christopher Castle is a Partner at Cardinal Law, Attorneys-at-Law. You may e-mail him at seanc@cardinallawja.com, call 876-728-9757, or WhatsApp 876-530-1787.
Related Reading
- Work and Pay After the Hurricane: What Employers and Employees Need to Know
Disclaimer
This post was written by an attorney, but not your attorney. It is shared for general information and education, not for any specific legal advice. Every matter is unique, and laws or government policies may change. You should always consult your own attorney-at-law before making decisions that could affect your rights or obligations.
While every effort has been made to ensure accuracy, Cardinal Law, Attorneys-at-Law assumes no responsibility for any loss or action taken in reliance on this publication.
© Cardinal Law, Attorneys-at-Law. All rights reserved.
Cardinal Law, Attorneys-at-Law
Kingston, Jamaica | www.cardinallawja.com | @cardinallawja
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