Buying Sint Maarten Real Estate Directly From the Owner: What to Know

Yes, you can buy property in Sint Maarten directly from the owner. On the Dutch side, every sale still goes through a civil-law notary, and on the French side through a notaire, so the transfer itself is secure whether or not an agent is involved. What changes is everything before the transfer: nobody checks the price, the building or the rental claims for you.

We see private sales regularly, and some go well. Others end with a buyer who paid too much for a unit with a special assessment coming. This guide explains how to buy from an owner and end up in the first group.

What the notary protects, and what it does not

On the Dutch side, the notary checks that the seller owns the property, searches for mortgages and liens, holds the deposit in escrow, prepares the deed and registers it at the Land Registry (Kadaster). The buyer pays a 4% transfer tax, and total closing costs commonly come to about 5% of the price. On the French side, the notaire handles the compromis de vente and the final deed, and closing costs are higher.

The notary is neutral. They do not tell you whether the price is fair, whether the roof leaks, whether the association is about to ask owners for money, or whether the condo can be rented to short-stay guests. In an agency sale, those questions come up along the way. In a private sale, you have to ask them.

Why buyers look for owner sales

• Price. Buyers hope the seller will share what they save on commission. Sometimes they do. Often the owner has already priced that saving into the asking price.

• Direct information. An owner who lived in the property knows its history, the building and the neighbors.

• Flexibility. Furniture, a rental calendar in progress, a closing date that suits both sides: these are easy to agree face to face.

• Properties not on the market. Some owners prefer to sell quietly, to a neighbor, a guest or a friend of a friend.

The risks we see most often

• No independent price check. Owners tend to price on what they paid plus what they spent, or on the best sale they heard about. Check recent comparable sales before you offer.

• Incomplete documents. The association's financial statements and minutes, the insurance history, permits for work done after Irma: these are often missing in a private sale until someone asks.

• Rental figures without proof. "It rents all winter" is not a booking history.

• Freehold or long lease. On the Dutch side, some land is held on long lease (erfpacht), with an annual fee and a fixed term. Read the title.

• Informal deposits. Never pay a deposit to the seller. It goes into the notary's escrow account, after a signed purchase agreement.

How to buy from an owner safely

1. Get the documents first. Title deed, association documents for a condo, utility bills, insurance, and booking history if the property is rented.

2. Check the price. Ask for comparable sales in the same building or area. A professional valuation costs little next to an overpayment.

3. Inspect. Hire an independent inspector: roof, waterproofing, windows and doors, electrical, plumbing, corrosion from salt air.

4. Put it in writing. A written offer with conditions (inspection, financing), then a sale and purchase agreement drawn up or reviewed by the notary.

5. Deposit into escrow. Usually 10% on the Dutch side, paid to the notary. On the French side, the deposit under the compromis is commonly 5% to 10%.

6. Close at the notary. You sign the deed, the balance is paid through escrow, and the notary registers the transfer.

Our buyer's guide covers each step in more detail.

Where Andreu Realty fits

If you have found a property sold by its owner, you can still bring us in. We check the price against real sales, review the association documents, organise the inspection and negotiate on your behalf. We are licensed on both sides of the island, and we see what sells, and for how much, every week.

And if you would rather see what is available before going private, start with our properties for sale or set up property alerts.

Questions we get

Is it legal to buy directly from an owner in Sint Maarten? Yes. An agent is not required. The transfer must still go through a notary on the Dutch side, or a notaire on the French side.

Will I pay less without an agent? Not necessarily. The buyer's closing costs are the same. Any saving depends on whether the seller lowers the price.

Who drafts the contract in a private sale? Ask the notary, or a lawyer, to draft or review the purchase agreement before you sign. Do not rely on a template from the internet.

Can I pay the seller directly to save time? No. Deposit and balance go through the notary's escrow account. That is your protection.

If you are weighing a private deal and want a second opinion, talk to us.