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How to Choose a Real Estate Agent in Sint Maarten: What to Ask Before You Sign

Jun 3, 2024
4 min read

Updated: Oct 1

Choosing a real estate agent in Sint Maarten matters more than in most markets, because this is one island with two legal systems. A good agent knows the difference between a Dutch-side notary transfer and a French-side compromis de vente, knows which buildings allow short-term rentals, and will tell you when a property is overpriced. A weak one will simply show you the view.

Here is how we would judge any agent, including us, before you sign anything.

Know which side you are buying on

The first test is whether the agent can explain both systems in plain words.

  • Dutch side (Sint Maarten): foreigners can buy freely, in their own name or through a company. A civil-law notary handles the transfer, checks title and liens, holds the deposit in escrow and registers the deed at the Land Registry. Transfer tax is 4% of the price, paid by the buyer, and total closing costs are commonly about 5.5%. Some land is held on long lease rather than freehold, which should be checked on the title.

  • French side (Saint-Martin): a French overseas collectivity with its own tax code, using the euro. The sale goes through a notaire: an offer, a compromis de vente with a deposit (commonly 5–10%), conditions such as financing, then the final deed. Buyer's closing costs are higher than on the Dutch side, so ask the notaire for an estimate early.

If an agent cannot walk you through this in five minutes, keep looking. Our Buyer's Guide covers both processes step by step.

Check credentials on the right side of the border

  • French side: an agent who handles property sales must hold a carte professionnelle (the "carte T") issued by the chamber of commerce. Ask for the number; it should appear on their mandates and documents.

  • Dutch side: ask for the company's Chamber of Commerce registration and business licence, and where their office is. In 2024 the government and local brokers discussed tighter rules for the sector, including a physical office on the island, time in business, licensing and membership of the island's Multiple Listing Service (MLS).

An agency that works on both sides should be licensed on both. Andreu Realty is, which is why we can follow a client from a condo in Maho to a villa in Terres Basses without handing them over.

Questions to ask if you are buying

  1. What have you sold in this neighbourhood or building recently? Specific addresses beat general claims.

  2. How do you know this price is right? Ask for comparable sales, not asking prices.

  3. What are the rental rules here? Some condominium associations restrict short-term rentals. The agent should know, or find out before you offer.

  4. What does it cost to hold? Association fees, insurance, utilities and, on the French side, taxe foncière.

  5. Who else do I need? A good agent will point you to an independent notary, a surveyor or inspector, an insurer and, if needed, a tax adviser.

One more: Ask whether they are members of the island MLS, which lets them show you other agencies' listings too.

Questions to ask if you are selling

  1. What will you do in the first 30 days? Photos, video, pricing, where the listing will appear, and who it will be sent to.

  2. Show me what you sold, and for how much against the asking price. Our own record is on our sold properties page.

  3. Who are the likely buyers, and where are they? North America, Europe, the region, or local residents. The marketing should follow the answer.

  4. How will you qualify buyers before they visit? Your time and your privacy matter.

  5. How often will I hear from you? Agree on it now.

If you are thinking of selling, a valuation is the right first step, and it should come with evidence, not a flattering number.

Read the agreement before you sign

Whether you are buying or selling, get the terms in writing:

  • The commission, how it is calculated and who pays it.

  • Whether the mandate is exclusive, and for how long.

  • How either side can end it, and what happens to buyers introduced during the mandate.

  • What the agent will do, and what you are expected to provide (documents, access, repairs).

A transparent agreement protects both sides. An agent who avoids putting terms in writing is telling you something.

Red flags

  • A price promise with no comparable sales behind it.

  • Pressure to sign or pay quickly "before someone else does."

  • Advice to skip checks: title, association documents, inspection.

  • A request to pay a deposit to anyone other than the notary or an authorised escrow holder.

  • Vague answers about rental rules, fees or who pays what.

Why local knowledge matters

Much of what decides a good purchase here is not in the listing. Which buildings were rebuilt properly after Hurricane Irma in 2017. Which associations are well funded. Which streets flood in heavy rain. Which condos rent well and which only look like they should. That knowledge comes from years on the ground and from being in these buildings every week.

Questions we get

Do I need a real estate agent to buy property in Sint Maarten? No law requires one, but most foreign buyers use an agent to find properties, check pricing and rental rules, and coordinate with the notary. The notary handles the legal transfer, not the search or the negotiation.

Can one agent handle both the Dutch and French sides? Yes, if they are licensed on both. Ask to see the credentials for the side you are buying on.

Who holds my deposit? On the Dutch side, the civil-law notary holds it in escrow. On the French side, it is usually held by the notaire or another authorised third party. It should never go directly to the seller.

Should I work with several agents at once? For buying, one good agent with MLS access can show you most of the market and will work harder for you. For selling, compare two or three agents before choosing, then give one a clear mandate.

Meet the people behind Andreu Realty on our agents page, or contact us with the questions above. We are happy to answer them.

Sources: Government of Sint Maarten, minister's meeting with real estate brokers on regulating the sector (July 2024); French chamber of commerce (CCI) rules on the carte professionnelle.

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.

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

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