If you are planning to buy a yacht, you need to know how to prepare and negotiate a yacht purchase contract. A yacht purchase contract is a legal document that outlines the terms and conditions of the sale and purchase of a yacht between the buyer and the seller. It is essential to have a clear and comprehensive contract that protects your interests and rights as a buyer, and that avoids any disputes or problems that may arise during or after the transaction.

A yacht purchase contract

A yacht purchase contract typically includes the following sections:

• Description of the yacht: This section identifies the yacht by its manufacturer, model, year, length, hull identification number (HIN), registration number, and any other relevant details. It also describes the condition of the yacht, and any equipment or accessories that are included or excluded in the sale.
• Purchase price and payment terms: This section specifies the agreed purchase price of the yacht, and how and when it will be paid by the buyer. It also states whether a deposit is required, and how it will be held and refunded in case of cancellation or breach of contract.
• Contingencies: This section lists any conditions or events that must be fulfilled or occur before the sale is finalized, such as financing, insurance, survey, sea trial, title search, or documentation. It also states who is responsible for arranging and paying for these contingencies, and what happens if they are not satisfied or waived by the buyer or the seller.
• Delivery and acceptance: This section defines when and where the yacht will be delivered and accepted by the buyer, and who will bear the costs and risks of transportation and transfer. It also states what documents and items will be exchanged at the time of delivery and acceptance, such as title, registration, bill of sale, keys, manuals, warranties, or receipts.
• Warranties and representations: This section states what warranties and representations are made by the seller regarding the ownership, condition, quality, performance, or legality of the yacht. It also states what warranties and representations are disclaimed or excluded by the seller, such as “as is” or “where is” clauses.
• Liability and indemnity: This section states who is liable for any damages or claims arising from or related to the yacht or the contract, and who will indemnify or compensate the other party for any losses or expenses incurred as a result. It also states what limitations or exclusions apply to the liability or indemnity of either party.
• Dispute resolution: This section states how any disputes or conflicts that may arise from or related to the yacht or the contract will be resolved, such as by arbitration, mediation, litigation, or negotiation. It also states what jurisdiction and law will govern the contract and its interpretation.
• Miscellaneous provisions: This section covers any other matters that are relevant to the contract but not covered by the previous sections, such as notices, amendments, assignments, waivers, severability, integration, or signatures.

Due Diligence

Before signing a yacht purchase contract, it is important to conduct thorough due diligence to research and assess the yacht, the seller, and the transaction. This will help you identify and mitigate any potential risks.

Here are some of the key steps to take:

• Inspect the yacht carefully. This includes conducting a visual inspection, as well as a survey by a qualified marine surveyor.
• Verify the seller’s title and ownership rights. You should also check for any liens or encumbrances on the yacht.
• Review the yacht’s service history and maintenance records. This will give you an idea of the condition of the yacht and any potential problems.
• Research the seller’s reputation and financial solvency. You should also check for any legal or financial disputes involving the seller.
• Have the contract reviewed by a maritime lawyer. A lawyer can help you understand your rights and obligations under the contract, and negotiate better terms and conditions for your benefit.

By conducting thorough due diligence, you can minimize the risk of problems or disputes arising during or after the transaction.

A yacht purchase contract is a complex and important document that requires careful drafting and review by both parties. It is advisable to consult a lawyer who specializes in yacht law before signing or entering into a contract.

A lawyer can help you understand your rights and obligations under the contract, negotiate better terms and conditions for your benefit, protect you from any risks or liabilities that may arise from the transaction, and assist you in case of any disputes or problems that may occur during or after the sale.