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How to Buy Property in Sint Maarten: The Buying Process, Step by Step

Apr 11
5 min read

Updated: Oct 7

If you want to buy property in Sint Maarten, the short version is this: foreigners can buy freely on the Dutch side, in their own name or through a company, and every sale goes through a civil-law notary who checks the title, holds your deposit and registers the deed. Budget about 5.5% on top of the price for closing costs. A straightforward cash purchase usually closes in 30 to 60 days, depending on financing and the parties involved.

The longer version matters, because most problems we see come from what buyers did not check before they signed. This guide covers the steps, the costs, the checks, and what changes if the property is on the French side.

First question: which side of the island

The island is one piece of land and two countries. Sint Maarten, the Dutch side, is a constituent country of the Kingdom of the Netherlands and uses Dutch-based civil law. Saint-Martin, the French side, is a French overseas collectivity with its own tax code and the euro. You can drive from Simpson Bay to Marigot in twenty minutes, but the purchase process, the costs and the taxes are different.

On the Dutch side you will find most of the condo inventory and the short-term rental market: Simpson Bay, Maho, Cupecoy, Pelican Key, Indigo Bay, Dawn Beach. On the French side: the private estates of Terres Basses, Orient Bay, Grand Case, Anse Marcel and Baie Nettlé. Oyster Pond straddles both. Decide where you want to be before you fall for a listing, because the side determines everything that follows. Our island guide walks through the neighborhoods.

How to buy property in Sint Maarten: the five steps

These are the steps on the Dutch side. The French side is covered further down.

  1. Choose the property and get the documents. Before you make an offer, ask for the title deed, the association documents if it is a condo, and, if you plan to rent, the booking history.

  2. Make a written offer. Price, deposit, conditions (financing, inspection) and a target closing date. Nothing binds you until a purchase agreement is signed.

  3. Sign the purchase agreement. Once the price is agreed, buyer and seller sign a sale and purchase agreement. The deposit, usually 10%, goes into the notary's escrow account, not to the seller.

  4. Notary due diligence. The notary checks ownership and title, searches for mortgages and liens, confirms the registration at the Land Registry (Kadaster) and prepares the transfer deed. You receive a draft deed and a closing statement to review.

  5. Closing. You wire the balance to the notary, sign the deed, and the notary registers it at the Kadaster. The seller is paid out of escrow after the transfer. You are the owner.

The notary is neutral. They protect the legality of the transfer, not your commercial interests. That is why the checks below are yours to organise.

What it costs to buy

  • Transfer tax: 4% of the purchase price, paid by the buyer.

  • Notary and registration fees: on a sliding scale; together with the transfer tax, total closing costs commonly come to about 5.5% of the price.

  • Mortgage deed: extra notary costs if you finance.

  • Condo buyers: check whether the association requires a contribution to the reserve fund at purchase.

Then there is the cost of holding: association fees, insurance (with a hurricane deductible that is often a percentage of insured value), utilities, maintenance and management. We see buyers underestimate this more than anything else. Ask for twelve months of actual bills.

On taxes, be careful with what you read online. Annual land tax, succession rules and the tax on rental income all exist in some form, and your home country may tax you too (US estate tax is the classic example). Confirm your situation with the notary and a local tax adviser before you buy, not after.

The checks we insist on

  • Freehold or long lease. Some land on the Dutch side is held on long lease (erfpacht) rather than freehold, often with an annual fee paid to the landowner. Check the title, the remaining term and the renewal terms.

  • Condo rules. Condos are usually held as apartment rights with an owners' association. Read the house rules, the latest financial statements and the minutes of recent meetings. Planned roof or seawall work shows up there first.

  • Short-term rental. Some buildings restrict it. If rental income is part of your plan, confirm it in writing.

  • Boundaries. For villas and land, get a survey to confirm the lot lines.

  • Construction. Hire an independent inspector. Look at the roof, waterproofing, windows and doors, electrical, plumbing, and corrosion from salt air. Irma in 2017 tested every building on the island, and newer construction generally follows stronger codes, but ask what was rebuilt and when.

Buying on the French side

A French notaire handles the sale. The usual sequence: offer, then a preliminary contract (compromis de vente) with a deposit, commonly 5% to 10%, conditions such as financing, and finally the deed (acte authentique) signed at the notaire. Closing costs for the buyer are noticeably higher than on the Dutch side, so ask the notaire for a written estimate early. Owners pay an annual property tax (taxe foncière), and capital gains on resale can be taxed depending on how long you held the property and where you reside. Ask the notaire.

Financing

Most international buyers here pay cash. Local banks do lend, including to non-residents, but expect a larger down payment and full income and asset verification. If you need a mortgage, speak to a bank before you make an offer and make financing a condition in the agreement.

Mistakes we see

  • Buying the view and ignoring the building. A sea view does not fix a failing roof or an underfunded association.

  • Trusting projected rental income. Ask for real booking history.

  • Skipping the tax conversation because "someone said there are no taxes."

  • Comparing Dutch-side and French-side prices without comparing the closing costs and tax rules behind them.

For the wider picture, read our buyer's guide, and when you are ready to look, start with the properties for sale.

Questions we get

Can foreigners buy property in Sint Maarten? Yes. On the Dutch side there are no restrictions on foreign buyers, in their own name or through a company. The full answer, with ownership, costs and residency: can foreigners buy property in St Maarten and St Martin?

How long does it take to close? A cash purchase usually closes in 30 to 60 days after the purchase agreement. Financing adds time.

What are the closing costs? On the Dutch side, about 5.5% of the price in total, including the 4% transfer tax paid by the buyer. On the French side, more; the notaire will give you a figure.

Do I need to be on the island to close? Not necessarily. Signing through a power of attorney can often be arranged. Ask the notary early so the documents are ready in time.

We are licensed on both sides of the island. If you want a second opinion on a property or a contract, talk to us.

Sources: Andreu Realty transaction experience; notary procedures on the Dutch and French sides. Figures to be confirmed with the notary for each purchase.

Ready to look at what is on the market? Browse our condos for sale in Sint Maarten and villas for sale in Sint Maarten, or see every property for sale.

Buying in a gated residence? Read our guide to gated communities in Sint Maarten with current prices and what to check.

More questions? Our Sint Maarten real estate FAQ answers the ones buyers and sellers ask most.

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