Debayo Adedipe

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The complainants, purchasers of two subdivided lots from Movern Developments Ltd, complained about the respondent's conduct of the sale. The Committee found that although the respondent acted for the vendor, he had assumed a duty of care to the purchasers (an implied retainer). He committed serious professional misconduct amounting to inexcusable and deplorable negligence: he prepared an agreement with an uncertain, unascertainable description of the two lots; failed to retain and pay stamp duty and transfer tax and to reserve funds for transaction/subdivision costs; paid all monies over to the vendor; and gave incorrect advice about the complainants' termination rights under the conditional sale agreement. The Committee found a breach of Canon IV(s) but made no finding of dishonesty. It ordered the respondent to make restitution of J$1,875,000 plus 6% interest from 2 May 2009 and to pay costs of J$200,000.

Duties found breached:

• Overriding duty to the court

Aggravating factors:

• Paid over all monies received to the vendor in disregard of Special Conditions 3 and 4
• Failed to retain sums for stamp duty, transfer tax and transaction costs (including subdivision costs)
• Complete ineptitude and total lack of competence in handling the conveyancing transaction
• Resulted in loss or difficulty in recovery of complainants' funds, especially as vendor left the island