See the complete purchase—not only the asking price.
Organize the acquisition into cash required, professional verification, recurring ownership costs and a realistic reserve.
- 1Set total budget
- 2Model cash flow
- 3Confirm with advisers
- 4Keep a reserve
The notary in a St. Maarten purchase is not your lawyer. That one sentence clears up most of the confusion American and Canadian buyers arrive with. The notary is a neutral officer of the law who acts for the transaction, not for the buyer and not for the seller.
What the notary does is substantial. They hold your deposit in escrow, verify title at the Kadaster, draft and execute the deed of transfer, confirm taxes and charges are settled, and register the transfer so your ownership becomes public record. What they do not do is negotiate for you, tell you whether the price is sensible, or inspect the roof.
Understanding that split is the difference between a smooth purchase and one where a buyer assumes somebody is watching their interests and nobody is. Rules and fees change, so confirm the detail of your file with the notary handling it.
Why the system works this way
Sint Maarten became an autonomous country within the Kingdom of the Netherlands on 10 October 2010, a date locals call ten ten ten, and it runs a civil law system of Dutch origin. There, the notary is a public officer appointed by the state with a monopoly on certain deeds, and property transfer is one of them. A deed executed by a notary and registered at the Kadaster is a public instrument, which is why title insurance in the American sense is not standard here.
Neutrality is not a courtesy in that system. It is the job. The notary owes duties to both parties and to the register itself, which is why both sides can trust one office to hold the money and prepare the deed.
What the notary actually does
Holds the money in escrow
Your deposit is wired to the notary’s escrow account, not to the seller and not to the brokerage. The balance follows before signing, and funds are released only at completion. For an overseas buyer wiring a large sum to an island they have visited twice, this is the most important protection in the process.
Verifies title at the Kadaster
The notary searches the Land Registry to confirm the seller is the registered owner and to identify anything attached to the parcel: a mortgage, a lien, a right of way, a servitude over a shared driveway or cistern. Registered boundaries are checked against what is being sold. This is where real problems surface, whether an unpermitted extension from the rebuild after Irma or a parcel in Sucker Garden still registered to a grandparent with heirs in three countries.
Drafts and executes the deed
The notary prepares the deed of transfer, circulates a draft for both parties, then reads and executes it at signing. If you are borrowing from WIB, RBC, Republic Bank or Orco Bank, the same office prepares the mortgage deed and registers the lender’s charge. The original deed stays with the notary and you receive a certified copy.
Runs identity and source of funds checks
Before accepting money the notary verifies who you are and where the funds came from. Expect to provide passport copies, proof of address and an explanation of the source of your deposit, and for a company purchase, incorporation documents and beneficial owners. Answering fully the first time saves a fortnight.
Settles taxes, dues and apportionments
The notary collects the 4 percent transfer tax and their own fee of roughly 1 to 2 percent, and apportions what runs with the property: association dues, insurance and utilities. Any outstanding seller mortgage is repaid from the proceeds so title passes clean. There is no annual property tax on the Dutch side and no capital gains tax on resale, which keeps this simpler than in most jurisdictions.
Registers the transfer
After signing, the transfer is registered at the Kadaster, usually within days. That registration is what makes your ownership effective against the world, not the handshake and not the keys.
How this compares with a US closing
American buyers expect a title company, an escrow officer, a title insurance policy and their own attorney or agent watching their side. Here several of those roles collapse into one neutral office.
| Function | United States, typical | St. Maarten, Dutch side |
|---|---|---|
| Prepares the transfer document | Title company or closing attorney | Civil law notary |
| Holds the deposit | Escrow or title company | Notary’s escrow account |
| Title assurance | Search plus a title insurance policy | Notary’s search of the Kadaster, title insurance is not standard |
| Who is on the buyer’s side | Agent, often an attorney too | Broker, since the notary is neutral |
| Recording of ownership | County recorder | Kadaster |
| Cost to complete | Varies widely by state | 4 percent transfer tax plus 1 to 2 percent notary fee |
| Annual property tax | Yes, in every state | None |
One more difference matters. In the United States a real estate attorney can be instructed to argue for you. Here, if you want that, you instruct your own lawyer separately. The notary will not take a side, because taking a side would breach the duty that makes the office useful.
What the notary does not do
Negotiate for you
Price, inclusions, closing date, repairs, whether the furniture stays in a Maho or Cupecoy condo: none of that is the notary’s work. By the time the file reaches the notary, terms are agreed. Negotiation happens through the brokers.
Tell you whether the price is good
The notary confirms the price in the deed and calculates the tax on it. They will not tell you that the unit two floors up sold for less in March, that Simpson Bay and Pelican Key are pricing differently this year, or that the property has been listed for eleven months.
Inspect the building
No notary is climbing onto the roof. Construction date, what was rebuilt after 6 September 2017, the state of the shutters or impact glass, whether the cistern leaks: that is for you, your surveyor and your broker. The notary examines the register, not the structure.
Assess the association or the running costs
Dues, reserve fund health, a coming special assessment and the building’s rental rules are commercial questions. So is the GEBE bill on a house with two air conditioning units and a pool pump. The notary settles what is owed at closing. They do not tell you whether the ongoing cost is reasonable.
Advise you on tax at home
There is no annual property tax and no capital gains tax on the Dutch side, but your own country may still tax the purchase, the rental income or the eventual gain. The notary handles the position here. For the rest, speak to a tax adviser at home.
So why do you still want a broker
Because everything above still needs doing and the notary is not doing it. A broker who works this island every day covers the commercial half of the transaction.
- What comparable properties actually traded for, not what they were listed at.
- Which buildings hold healthy reserves and which have an assessment coming.
- Whether the rental rules in a specific development allow the use you have in mind.
- How a location really lives: aircraft noise on the approach at Maho, the queue when the Simpson Bay bridge opens, a sunrise terrace at Dawn Beach against an afternoon one at Cupecoy.
- Getting the notary what they need, chasing the association, the insurer and the bank, and keeping the closing date honest.
- Flagging border questions early at Oyster Pond, where whether a parcel is Dutch or French changes the tax and the law.
The notary protects the transaction. The broker protects your interests inside it. Different jobs, and you want both.
Who chooses the notary, and what it costs
On the Dutch side the buyer commonly selects the notary because the buyer carries the completion costs, though this can be agreed differently. The fee usually works on a sliding scale, so the percentage falls as the price rises. Ask for a written quotation before you instruct.
| Item | Typical amount |
|---|---|
| Transfer tax | 4 percent of the price |
| Notary fee | 1 to 2 percent |
| Mortgage deed and Kadaster registration | About 1 percent, if borrowing locally |
| Total to complete, cash | 5 to 6 percent |
| Total to complete, with a local mortgage | 6 to 7 percent |
Model your own figures with the buyer cost guidance in our property tools, which separates the tax from the notary fee so you can see what moves with price.
Working with the notary from abroad
You do not need to be on the island to close. The notary drafts a power of attorney specific to your purchase, you sign it before a notary public where you live, the signature is usually legalised, in many countries by apostille, and the original is couriered back. Your representative signs the deed here and you receive a certified copy plus confirmation of registration at the Kadaster.
Allow a week for documents to travel each way, and send funds early, because international wires to the Caribbean attract compliance questions. The market runs in US dollars even though the guilder is official and pegged at about 1.79, so agree in advance how any conversion is handled.
The French side is similar but not the same
Buy in Terres Basses, Grand Case or Marigot and a French notaire performs a comparable neutral function under French law. The economics differ. Entry costs run roughly 8 to 10 percent, the currency is the euro, an annual taxe fonciere applies, and capital gains tax of up to 34 percent can arise on a profitable resale. The Dutch versus French comparison in our property tools lays it out plainly.
Ofta ställda frågor
Is the notary my lawyer?
No. The notary is a neutral officer of the law acting for the transaction. If you want representation on your side, instruct your own lawyer in addition.
Do I need a lawyer as well as the notary?
Many buyers do not, because the notary’s title work is thorough and the deed is a public instrument. Independent advice is worth it where a company structure, an unsettled estate or a boundary dispute is involved.
What does the notary charge?
Roughly 1 to 2 percent of the purchase price, usually on a sliding scale, in addition to the 4 percent transfer tax. Ask for a written quotation before you instruct.
Does the notary check the condition of the property?
No. The notary examines the register, not the building. Arrange your own inspection and ask what was rebuilt after 2017 and what permits exist.
Can the notary act for both buyer and seller?
Yes, and that is normal here. Neutrality is the defining feature of the office, which is what allows one notary to hold the funds and prepare the deed for both parties.
Getting the balance right
The notary gives you a secure transaction: escrow, verified title, a properly drafted deed and registration at the Kadaster. What the notary cannot give you is commercial judgement about the property, and that is the part that decides whether you are happy in five years.
Start with the numbers, then see what is available in our listings. Fees and procedure change, so confirm the current position with your notary and, on tax, with an adviser at home.
If you want someone on your side of the table while the notary stays neutral, contact Island Real Estate Team at info@ireteam.com or +1 721 544 42 40, or read about the people who will handle your purchase on our team page.
