IMAGINE paying millions of dollars for a home, only to find out years later that you still can’t get the title. According to real estate and conveyancing attorney Benjamin Fraser, that’s a situation some buyers end up in because they fail to verify whether the seller can legally transfer ownership before signing a sales agreement.

“We’ve seen several scenarios where property is legitimately owned by a family member but they are beneficiary owners, meaning they are not yet the legal owners — their names don’t appear on the title,” Fraser said while addressing the Jamaican Diaspora at the Caribbean Investment Showcase in Toronto, Canada, over the weekend.

Fraser said one of the most common issues he encounters involves clients seeking legal assistance years after purchasing a property because the seller is unable to provide good title, often leaving buyers in limbo after they had already paid a deposit and other associated costs. One of the biggest red flags, he said, is buying from a beneficiary of an estate that has not yet been settled. While the individual may be entitled to inherit the property, they cannot legally transfer ownership until the estate has been administered and the title is in their name. According to Fraser, this situation is particularly common among members of the Diaspora who inherit family property but try to sell it before settling the estate, to avoid the associated legal costs.