You’ve found the perfect property, signed the Agreement for Sale, and handed over your 10% deposit. Congratulations!! You are officially on your way to becoming a homeowner!
But now comes the wait and the checklists of the must dos before the transaction can be completed and the long awaited move in date!
In Trinidad and Tobago, the standard completion period between signing the agreement and getting your keys is 90 days. For an eager buyer, three months can feel like an eternity. It’s entirely normal to wonder: What is my attorney actually doing during all this time?
Let’s pull back the curtain. Buying property is likely one of the largest financial investments you will ever make, and those 90 days are critical for ensuring that what is being purchased is legally free of all encumbrances.
Below I break down a practical roadmap of exactly what happens behind the scenes.
Property Law in Trinidad and Tobago – The Tale of Two Systems
Before we look at the checklist, it is important to note that T&T operates under two completely different property law systems. The system your new home falls under dictates exactly how your attorney will transfer ownership.
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The Common Law System (Deeds of Conveyance)
This is the older, traditional system. Ownership is proven by a paper trail of historical Deeds. When you buy Common Law land, ownership is transferred to you via a Deed of Conveyance.
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The Real Property Ordinance (RPO) System
Also known as the RPA or Torrens system, this is a modernized, state-guaranteed system. Instead of a stack of old deeds, ownership is recorded on a single document called a Certificate of Title (A large piece of paper!). When you buy RPO land, ownership is transferred via a Memorandum of Transfer.
Regardless of the system, your attorney’s primary job is to ensure the seller has the legal right to sell the property, and that you are receiving a “clean” title.
Here is an important article to help you understand the differences in Joint Tenancy vs. Tenancy in Common before purchasing a house with someone else.
The 90-Day Roadmap: So, What Your Attorney is Doing
1. Firstly, The 20-Year Title Search
This is the most crucial part of the process. Your attorney will deploy search clerks to the Registrar General’s Department to dig into the history of the property.
For Common Law land, the law requires us to establish a “good root of title.” This means we must trace the unbroken chain of ownership back at least 20 years. So, your attorney will be looking for:
- Breaks in the chain: Did someone sell the land without legally owning it? Did someone die who was entitled to the land/house or part of it ?
- Encumbrances: Are there any existing mortgages on the property?
- Judgments: Does the seller have court judgments against them that could attach to the land?
- Restrictive Covenants: Are there rules preventing you from building a second story or operating a business on the property?
(Note: Even if the land is under the RPO system, we still conduct searches to ensure no caveats or judgments are lodged against the Certificate of Title!)
2. Gathering Clearances on the Property
You don’t want to inherit the seller’s debts. During the 90-day window, your attorney will work with the seller’s attorney to obtain up-to-date clearances. The most common is the WASA Clearance Certificate, which proves there are no outstanding water rates on the property. The real estate transaction attorney also ensures that all relevant property taxes and municipal rates are paid up to date along with T&TEC charges.
3. Drafting the Property Transfer Documents
Once the title search comes back clean, your attorney will draft the final legal documents. If it’s Common Law land, they will draft the Deed of Conveyance. If it’s RPO land, they will draft the Memorandum of Transfer. These drafts are sent to the seller’s attorney for approval to ensure everyone agrees on the exact wording.
4. Liaising with Your Bank
If you are taking out a mortgage, your attorney is in constant communication with your bank. The bank will not release your mortgage funds until they are fully satisfied that the title is clear and their own legal interests are protected. Your attorney coordinates the execution of the Mortgage Deed alongside your purchase documents.
5. Completion (Closing Day)
Once the documents are approved, clearances are in hand, and the bank is ready, we schedule Completion. This is the day you sign the final documents, the balance of the purchase price is paid to the seller, and you receive the keys to your new home!
6. Stamp Duty and Registration
The real estate attorney’s job isn’t done when you get the keys. After completion, the signed documents must be submitted to the Board of Inland Revenue for the assessment and payment of Stamp Duty.
Once Stamp Duty is paid, the documents are immediately filed at the Land Registry. This final step is what officially registers you as the legal owner in the public records of Trinidad and Tobago.
The 90-day wait isn’t a delay, it is a vital period of investigation and preparation. A property transaction involves moving parts between search clerks, utility companies, banks, the seller’s legal team, and government registries.
Get more information on conveyancing and real estate transactions in Trinidad and Tobago.
When you trust the process, and your legal counsel, you can turn the key in your new front door with absolute peace of mind, knowing your investment is legally secure.
