St Martin / Sint Maarten Island Buying Process
1. The Purchase Process — French Side (Saint-Martin)
Step 1: Engage a Notaire and Consider an Avocat
The notaire manages the transaction for both parties on the French side — they are legally neutral. For significant values or complex transactions, also engage a French avocat (property lawyer) for independent buyer-side representation. The notaire is the essential professional; the avocat provides additional buyer advocacy and is advisable for transactions above EUR 1 million or those involving corporate structures, trusts, or complex cross-border legal planning.
Step 2: Compromis de Vente
The compromis de vente is the binding preliminary contract on the French side. It sets out the agreed purchase price, the conditions suspensives (conditions to be satisfied before completion), and the completion timeline. A deposit of typically 10% of the purchase price is paid into the notaire's escrow account. The buyer benefits from a statutory ten-day cooling-off period after signing the compromis — within which the buyer may withdraw without penalty and recover the deposit in full.
Step 3: Due Diligence Period
During the period between the compromis and the acte de vente, the notaire conducts title searches, hypotheque (mortgage/charge) searches, and pre-emption notifications to the Collectivite de Saint-Martin. The diagnostics obligatoires (mandatory property surveys — DPE energy performance, asbestos, lead paint, termite, and others) must be obtained by the seller and reviewed by the buyer before the acte de vente. For post-Irma properties, additional structural surveys and construction quality assessments are strongly advisable beyond the minimum legal requirements.
Step 4: Acte Authentique de Vente
The final authenticated deed, signed before the notaire by buyer and seller (or their Power of Attorney representatives). The balance of the purchase price and all droits de mutation and notarial emoluments are paid at this stage. The notaire registers the transfer with the service de publicite fonciere (land registry), completing the transfer of legal ownership.
French Side — Droits de Mutation
Droits de mutation (registration duties) are levied on property transfers on the French side. As noted in the St Barts guide, the Saint-Martin COM's fiscal autonomy means the local droits de mutation rate may differ from the standard metropolitan French and DOM rate of approximately 7%–8%. Confirm the current applicable droits de mutation rate in Saint-Martin with your notaire before any transaction commitment — this is a core acquisition cost line item and the local rate must be specifically confirmed rather than assumed.
2. The Purchase Process — Dutch Side (Sint Maarten)
Step 1: Engage a Sint Maarten Attorney
Engage a Sint Maarten-qualified attorney for independent buyer-side representation before any payment or document signing. The Dutch side notary manages the transaction for both parties — like the French notaire, the notary is neutral and not an advocate for either side. Your attorney conducts independent due diligence, advises on the purchase agreement terms, and represents your interests throughout the process.
Step 2: Purchase Agreement
A preliminary purchase agreement is typically signed between buyer and seller, setting out the agreed terms, price, and conditions. A deposit (typically 10% of the purchase price) is held in escrow pending completion. The purchase agreement should include conditions that protect the buyer — clear title, financing (if applicable), and any other conditions specific to the transaction.
Step 3: Due Diligence
Your attorney conducts title due diligence through the Sint Maarten Cadastre (land registry), searching for encumbrances, mortgages, and other registered rights affecting the property. For any post-Irma property, independent structural survey and construction quality assessment are essential — the cadastral search confirms ownership and registered interests but does not assess physical condition or post-storm construction quality.
Step 4: Notarial Deed and Registration
The transfer is completed through a notariele akte (notarial deed) before the Sint Maarten notary. Transfer tax is paid at this stage. The notary registers the transfer in the Cadastre, completing the legal transfer of ownership. Your attorney confirms the registration and provides you with confirmation of title.
Dutch Side — Transfer Tax
Sint Maarten levies a transfer tax on property transactions — the applicable rate should be confirmed with a local notary or attorney before any transaction commitment, as rates are subject to legislative revision. Transfer tax is a material acquisition cost on the Dutch side and must be included in the full cost model from the outset. Confirm the current rate specific to the property type and value of the transaction you are considering.