Check the person of the seller
Before purchasing, the buyer should make sure that the boat is actually Ownership of the seller is. And whether they are who they claim to be. In concrete terms, this means asking the other person to have an identity card presented and check that the name and address match the purchase contract.
Exclude community of owners
Before buying, it is important to check whether the boat does not belong to the spouse, a community of owners or heirs, or even a bank or leasing company. In any case, the purchase contract must contain the assurance that the boat free from third-party rights is. You should also take a look at the seller's last purchase contract. If there is more than one signature, all owners must now agree to the sale. Ideally, a boat in a German shipping register registered. This has the character of a land register; whoever is noted there as the owner is the owner. However, as cruising boats are not usually registered in this country, you have to make do with other documents as proof of ownership, such as the Boat licence. They also provide indications, but are not legally binding.
Consider the person of the buyer
The buyer must also ensure that, for example in the case of a community of owners all persons involved are taken into account in the contract.
Determine transfer of ownership
The transfer of ownership is specially regulated for movable property. "As a rule, ownership is transferred with the handover of the ship via. Of course, other constellations can also be agreed in the contract, such as, for example, that ownership is only transferred upon payment of the last purchase price instalment is transferred. The fact that ownership has been transferred can be problematic if damage occurs in connection with the boat to be soldbut the buyer still no physical access on the boat. Damage to the yacht is generally only covered from the time of transfer of ownership. Risk area of the buyer. It is therefore important to specify the time of transfer of ownership in a contract such as the Pantaenius model purchase agreement for boats in writing," says Gunnar Brock, in-house lawyer at Pantaenius Yachtversicherungen.
Warranty when purchasing from Retailer
Dealing with defects that the boat has at the time of delivery is regulated by law and is called a warranty. In principle, it applies to two years from handover. However, a distinction must also be made as to whether the boat is operated by a Retailer or from private is sold.
In the event of defects, the buyer must assert his warranty claims against his contractual partner, i.e. the Retailerclaim. In contrast to New boats the retailer can Used boat the warranty period to Reduce by one year. However, a complete exclusion of warranty on the part of the dealer is not possible under any circumstances.
Time of the defect is important
If a warranty claim arises, the buyer must pay attention to when the defect became recognisable. Within the first twelve months the two-year warranty obligation, the burden of proof lies with the dealer, as the legislator assumes that the defect was already present when the ship was handed over. After twelve months however, the burden of proof is reversed: The buyer must then prove that the defect already existed at the time of handover. This burden of proof, and therefore the deadline, is therefore very important.
In the event of a warranty claim, the retailer is obliged to remedy the defect within one reasonable period to remedy the defect. If this is not possible or the repair is unsuccessful, the buyer can reduce the price or cancel the purchase.
Also with the Buying a used boat The dealer's burden of proof turns after twelve months. However, the buyer can not for all damage claim a warranty. A seven-year-old boat shows normal signs of use, which of course do not constitute a defect in terms of warranty law.
By the way: Since 01.01.2022, dealers have been obliged to provide further information on the condition of the boat. If, for example, a used boat is not in the same condition as comparable boats, the dealer must make specific reference to this. They must also offer updates for digital products such as navigation devices. However, this obligation can be contractually excluded.
In contrast to the warranty, the Guarantee is a purely voluntary offer on the part of the manufacturer. It is limited to the repair of a defect and does not grant any rights to cancellation or reduction of the purchase price. Warranty claims must therefore also be made to the ManufacturerThe warranty can only be claimed from the shipyard and not from the dealer. How long a warranty is granted is specified in the Guarantee contract is noted. There is no regulation regarding the burden of proof here.
Warranty for the purchase of a Private individual
If you buy a second-hand boat from a Private individualthen other rules apply Warranty and guarantee rules. In contrast to a retailer, a private seller can completely free from warranty obligations. This is also common practice, but must be specified in the purchase contract. noted in writing Otherwise, the statutory warranty period of two years also applies to private sellers. As the warranty is usually excluded when buying from a private seller, a Careful inspection of the boat all the more important in advance. It is advisable to take an expert with you here or to provide them with a complete Expert opinion to commission.
Incidentally, private individuals also have the option of Guarantee even if this only happens in rare cases. A sensible guarantee would be, for example, for the seller to guarantee that the boat is damage-free in order to emphasise the integrity of the yacht.
Tip: Documentation by protocol
Once the purchase contract is signed and sealed - regardless of whether it is a new or used boat - the handover should be carried out very carefully in a Protocol documented be made. The basis for this is usually a Equipment listwhich is part of the purchase contract and is ticked off point by point. The handover of the Ship's papers, VAT certificate, instructions for use and boat keys should be recorded in the handover protocol, which must be signed by both contracting parties.
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