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Inefficient legal system
published: Friday | January 23, 2004

THE EDITOR, Sir:

IT WOULD appear that many attorneys-at-law have a vested interest in an inefficient legal system and should the system become reasonably efficient, then many of them would be without a job.

Attorneys-at-law comprise 20 per cent of the representatives in Parliament and if they were really interested in improving the system, they could easily do so. Maybe they can earn more money in an inefficient legal system.

In the area of conveyanc-ing/real estate, a straight-forward transfer of land involving a free title and a cash purchaser is taking 60 to 90 days to be completed. If the transfer entails the purchaser securing a mortgage then we are looking at an average period of five months for completion, if you are lucky. My starting point for the transaction is when both parties have properly executed the Agreement for Sale. The attorneys seem happy and relaxed with the situation as it is and conveniently blame the Stamp Commissioner's Office and the Titles Office for the lengthy delays.

It is a fact that these two offices are inefficient and slow. To stamp a sale agreement for the sale of land can take two or three weeks. In the seventies, without the assistance of computers, it took two to three hours. The tax take on each transfer is 13 per cent of the purchase price. The Minister of Finance could at least collect much faster and give us at least a three working days turnaround for the completion of stamping. The Titles Office, which is supposed to be undergoing re-organisation, is still a disaster. Their turnaround period for a transfer is six weeks. In the seventies, without computers, it took two weeks.

I do not get the impression that the Bar Association, attorneys-at-law and financial institutions are even agitating for improvements. Is it that they benefit financially from the inefficiencies of these organisation? If not, I urge them to petition the relevant authorities for improvement in these departments.

I am, etc.,

CONCERNED CITIZEN

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