Finding the right boat is difficult. To put it mildly. Because the first hurdle on the way to becoming an owner is deciding on the type of boat. The second-hand boat market offers hundreds of seemingly attractive options - from inexpensive small cruisers to affordable cruising yachts - and for many, this is a good alternative to buying a new boat for financial reasons alone. If you've always had a dream boat in mind, you're king among those looking for one. Once it has been decided for a long time that it should be a Hallberg-Rassy 352, a Luffe 40 or a Folkeboot, the number of boats that come into question quickly shrinks to a manageable number.
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All other prospective owners are struggling with a problem. They are spoilt for choice with so many options. If you don't want your search to end up in years of browsing through adverts, countless kilometres on the motorway, frustrating viewing appointments or even a bad purchase, it's worth investing some time in choosing the right type of boat first. As a long-standing sailor with experience on various boats, the decision in favour of or against some models may have already been made - perhaps unconsciously.
Is there such a thing as the "perfect" ship?
But especially for beginners and anyone buying their own boat for the first time, it makes sense to proceed according to a plan. Two aspects are essential here. Firstly, there is no such thing as the perfect boat, just as there is no such thing as the jack-of-all-trades that many people are looking for in a boat. Sitting in the deck saloon in bad weather, but still being able to flexibly change areas with the boat on the trailer, won't work. Every boat remains a compromise. At the same time, almost anything is possible with almost any boat and ultimately only depends on budget and personal preferences: Sailing around the world on a seven-metre plastic boat works just as well as a family holiday inland on a 38-foot steel yacht. How recommendable such plans are remains to be seen.
Take the test: the right boat for the right owner
Where to? With whom? Sporty or comfortable? When you start looking for a boat, there are various questions you need to ask yourself. Click here for the interactive test!
Basically, the type of boat should match the purpose for which it is being purchased. In other words, the experience, size, usage behaviour and preferences of the crew as well as the short or long-term plans and, of course, the area. It would be unwise to buy a boat with a draught of 1.80 metres for the East Frisian Islands as a home territory. And overloading a light, fast yacht with equipment for a long voyage would jeopardise its good sailing characteristics. Both are possible, but you will have more fun with the right boat for your plans.
The considerations involved in a structured boat search are somewhat reminiscent of the "W questions" practised in first aid courses for making an emergency call - where, who, how and so on. These are precisely the questions that are important when searching for a boat and which are illustrated in the diagram opposite: Where should the boat be sailed, how and with whom?
The area of choice, usually depending on where you live, is a good first filter when looking for the right boat. Is it to be sailed inland, moored on the IJsselmeer, North Sea or Baltic coast, in the Mediterranean or even in the Caribbean? Does the crew perhaps want to take it on a long voyage at some point? Also important: How will the boat be used? Are day or weekend trips planned without an overnight stay on board? Then berths, toilet and galley may play a subordinate or no role at all. Unlike a boat that is to be used for weeks on holiday or years on voyages.
A third aspect that should be realistically scrutinised at the very beginning of any boat search is the budget: what type of boat will be enough without having to fall back on a supposed bargain with a repair backlog - and end up investing too much after all? Or should it possibly be a new boat?
What needs to be checked before buying a boat?
Once these considerations have finally led to a boat type and this has been found new at the boatyard or used in an advertising portal, it is important to inspect the yacht carefully. In the case of new boats, you need to find out whether the boat meets your expectations. In the case of used boats, the condition must also be checked.
The word test drive is to be taken literally, not everything can be checked in the box or on land. Instead, it's time to cast off! But first things first. Sailing boats are extremely complex; in case of doubt, it depends on just one bent split pin whether the mast stands or falls. Countless little things can lead to expensive repairs or even dangerous maritime emergencies. It is therefore important to take a structured approach. Safety should be prioritised over comfort features. It is better to quickly identify a leaking seacock than a broken fridge light. It is also easier to proceed in categories, looking at the areas of boat construction, propulsion, rigging, electrics and installation separately.
The first look is into the bilge. This is standard under the crane, but it is also worthwhile for a boat that has been afloat for some time. A little water does not have to be a direct alarm signal. But it is important that the difference is noticeable on a second look after the test drive. Also check the engine bilge to see whether the engine is leaking oil, coolant or fuel during the journey. The keel bolts are also located in the bilge. Take a close look here, especially during the first inspection. Subsequently applied sealant, for example, is an alarm signal. Check the sea valves for corrosion, traces of water and ease of operation. Don't forget the hose connections - are the clamps tight?
The bottom beams of the jetties are usually found behind the saloon cushions or in a storage space. Leaks are a frequent problem, systems with tensioners must be properly tightened. A look at the steering can show whether the rudder bearings have too much play (anything more than two millimetres is not good) and whether the steering cables have enough tension in systems with wheels.
Take the test drive literally
When it's time for the test drive out of the pits, the first thing to focus on is the diesel drive. Does the engine start well? Does a jet of cooling water come directly out of the exhaust and what do the exhaust gases look like? When the engine is cold, there may be a little more exhaust, but only briefly and neither white nor very black. The former indicates unclean combustion and the latter indicates an engine that is burning too much oil. You can try starting with the rudder down and stopping directly in the harbour. This will show whether the desired performance is achieved promptly. Outside the harbour, set the engine to cruising speed, i.e. about 75 percent of maximum speed. Here the speed should reach approximately hull speed. If it is significantly lower, either there is not enough power from the drive or the propeller does not suit the boat. Another interesting aspect is how the engine sounds. An even, smooth running is desirable, low vibrations and little noise.
It is also easier to judge the steering gear under sail than with the engine running. When powered by the propeller, a slight jerking can be normal, but under sail it indicates a problem. With a little pressure in the sails, it also helps to look along the mast. Even if it is standing straight in the harbour, an unfavourable rigging trim appears under load. An S-shaped bend to the side or loose lee shrouds are clear signs. It is also desirable for the halyards to run smoothly. If it is difficult to move, the rigging and ropes may be worn. The rig is best inspected with the mast down. Otherwise, a bosun's chair must be used to board and inspect. Cotter pins, bolts, screws, terminals and especially the crimps and the wire above them are places where problems can occur. If a single card is sticking out of the shroud, the wire must be replaced. Corrosion in places where stainless steel fittings are attached to the aluminium profile is an alarm signal.
Get a second opinion before buying a boat
The condition of the surfaces on and below deck as well as the installation and electrics need to be analysed in detail. In general, an expert should also be able to confirm your own impression of the boat before you buy. A second opinion from an expert is always helpful to rule out damage that is difficult to recognise. A comprehensive expert opinion can cost up to 2,000 euros, so should only be used if you really intend to buy. But then the money is well invested, as the knowledge of defects can either prevent a bad purchase or the price can be renegotiated and future repairs can be taken into account. This means that the money spent on the valuer is usually worth it straight away.
If you want to buy, there are other things to clarify in addition to the contract. In the case of used boats, precise ownership must be ensured and it must be clear that VAT has been paid. Old invoices for repairs and new purchases are also very helpful in order to better assess the maintenance condition of the boat. The yacht also needs insurance after the takeover. The purchase contract must clearly stipulate who is liable in the event of damage discovered at a later date. The equipment should also be documented in a handover report. If a new yacht is ordered from a shipyard or dealer, it is advisable to have the deposit secured by a bank.
Once the right boat has been found, inspected and purchased, the adventure can begin.
These legal points must be observed when buying a boat
Financial security can be organised
Advance payment guarantees when ordering a new yacht can be structured very differently. The most important thing to look out for is the declaration of a "directly enforceable guarantee", whereby the bank waives the right to sue in advance. The creditor cannot then be referred to first having to take legal action against the principal debtor in order to have his claim established by a court. Payment conditions contained in the guarantee that are linked to the progress of insolvency proceedings are also disadvantageous. This is because binding decisions by the insolvency administrator often take a very long time, and the surety creditor, i.e. the buyer, can hardly influence the insolvency proceedings.
In practice, from the buyer's point of view, it has proven to be a good idea for the guarantee bank to provide a directly enforceable guarantee for the repayment of the advance payments made if the ship is not delivered "in accordance with the contract". The guarantee should also include individual agreements with the purchase contract, particularly with regard to the agreed delivery date. The buyer then has direct claims against the bank if the seller defaults on delivery. A fortiori, the bank can be called upon under the guarantee if the completion of the ship has been suspended due to insolvency proceedings that have been applied for in the meantime.
Effectiveness of an advance payment guarantee
It is also important to ensure that the bank waives all defences of contestability and set-off in its guarantee declaration. In addition, advance payment guarantees often state that they are to expire on a date specified by the bank. This will often be shortly after the intended delivery date. However, as delivery dates for yachts are usually not specified by the dealer with an exact date, he will only be in default after a reminder with a deadline of several weeks. There is therefore a risk that an advance payment guarantee will expire before the buyer can prove that the ship has not been delivered in accordance with the contract.
In the case of a time-limited guarantee, its validity should therefore extend to a period of at least six weeks after the contractually agreed delivery date. In the event that the ship is handed over in accordance with the contract, the guarantee usually ends when the original of the guarantee certificate is returned to the bank. The advance payment guarantee must be distinguished from a warranty guarantee. In contrast to the advance payment guarantee, a warranty guarantee covers the buyer's risk if defects are later discovered on the ship and the seller does not fulfil his obligation to provide subsequent performance.
Warranty guarantees are uncommon in series shipbuilding - unlike in construction contracts with shipyards for customised yachts.
Watch out, tax authorities!
VAT for a ship that has been paid once in an EU country is not due a second time when it is resold privately. Not even if the second-hand yacht subsequently has its new home port in another EU country. But: Customs will require proof. It's good if you can show at least a copy of the original shipyard invoice. If it is not available, it is essential to have the seller guarantee in the contract that he has paid the tax. Even if you buy a used boat in Germany and continue to sail it here, i.e. you don't have to deal with customs to begin with, you should make sure you have proof of VAT when buying. If you are checked by customs, the police or coastguard, the officials can demand proof of tax.
Proof of VAT is not required for yachts built before 1985. However, the prerequisite is that a boat has not been abroad for a longer period of time, usually not more than three years, for example on a blue water cruise or in a non-EU country such as Montenegro or Turkey. Old mooring contracts or, if applicable, logbooks serve as proof of a boat's permanent residence in an EU country. If a boat is imported into the EU for the first time, VAT cannot be avoided. It is due in the first EU country in which the boat is cleared in, at the tax rate applicable there, in Germany 19 per cent.
Personal control
Before purchasing, the buyer should make sure that the boat is actually owned by the seller. And whether he is who he claims to be. In concrete terms, this means asking the other party to show you their ID. And to check beforehand that 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 include an assurance that the boat is free from third-party rights.
Furthermore, 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 is registered in a German shipping register. 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 clues, but are not legally binding.
