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Two brothers are now engaged in a dispute over a land transaction and the dispute seems to be heading for the court.
One of the brothers explained that he is having a difficult time getting his brother to complete a sale agreement for the purchase of two acres of land in Manchester.
The prospective purchaser of the land said he lived in England for 25 years and decided in 2006 to return to Jamaica to live. He planned to build his dream home in Manchester and so he began asking friends and relatives to inform him of any available land in the parish.
"I told my brother, who is living in Manchester, of my plan to return home," he explained.
" I asked my brother to look around for a suitable lot of land for me to build my dream house. I spoke to him in August 2007 about my plans and he said he could sell me two acres of land he had purchased for his son who lives in the USA. He told me his son was not interested in returning to live in Jamaica and so he was going to sell me the land.
"I asked him how much the land was worth and he told me he bought it from our aunt at a reasonable price so he was going to sell me the land for of $1.5 million. I knew where the land was because I grew up in Manchester. I told my brother that I could give him a portion of the money and when I come to Jamaica in early 2007 I would pay him the balance of the money and we would go to a lawyer to have the land transferred to me."
"I paid my brother $500,000 in October 2007 and he gave my sister a receipt in my name with a balance of $1 million. When I came to Jamaica in January 2008 to complete the deal, he said he made a mistake because the land was worth $2 million and I should give him the balance of $1.5
million. I told him I was only paying the balance of $1 million
"I made several efforts for him to settle the matter but he has not returned my money and is still saying I should pay more for the land.
"I am thinking of taking him to court over the issue do you think I have a good chance of succeeding"? he queried.
If your brother has refused to complete the transaction, you could ask him to return your money with interest. It is also open to you to consult a lawyer with a view to filing a suit for specific performance in relation to the agreement for sale of the land. It appears your brother has breached the agreement and the court has the power to compel him to complete the agreement.
