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Very briefly

Sales contracts should offer fair conditions to both parties. Our model sales contract offers contracting parties security when selling a boat privately and contains clear regulations in all relevant areas:
  • Precisely defined handover of property
  • Contract including handover protocol
  • Free provisional cover on the basis of the old policies

One month of free protection and more: This is what our sample sales contract offers

1. clearly defined transfer of ownership

When drafting the content of the purchase contract for boats, we placed particular emphasis on precisely defined regulations regarding the transfer of ownership. This is necessary because the transfer of ownership of movable property is specifically regulated. Thus, the payment of the purchase price does not automatically constitute a transfer of ownership, but the handing over of the boat keys or the keys to the jetty on which the boat is standing, for example, does. The circumstance of transfer of ownership can be problematic for you if damage occurs in connection with the boat for sale, but the buyer does not yet have physical access to the boat. As a rule, damage to the yacht does not fall within the buyer's sphere of risk until the time of transfer of ownership. Accordingly, it is important to record the time of transfer of ownership in writing in a contract such as our sample purchase contract for boats.

2. more clarity thanks to inventory list

The subject of the sale in the Pantaenius boat sales contract is always the boat as such and the inventory according to an inventory list prepared for this purpose. It is advisable for buyer and seller to go through this checklist together item by item in order to avoid disagreements about what exactly is being purchased. Our sample purchase contract for boats includes a handover protocol in which any defects can be recorded in a contractually binding manner for all contractual partners.

3. one month free insurance cover

Based on the available data from the purchase contract, the buyer receives a free offer for continued insurance. Of course, however, there should be no gap in the cover. Therefore, unless they object, the new owner has provisional cover for one month based on the old liability and/or hull policy(ies). This gives the new owner sufficient time to obtain any comparative offers or to determine their specific needs. The sum insured for liability insurance is the previous sum insured and for hull insurance the purchase price stated in the purchase contract, but no more than the previous sum insured for hull insurance (fixed rate).

Here you can find the sample sales contract for boats

Simply download our sample sales contract for boats as a PDF. Please note that this template only applies to private sales for used boats. If you have any questions, please do not hesitate to contact us!

 

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Frequently asked questions about boat sales contracts

What has to be considered when transferring ownership?

Neither the conclusion of the contract of sale nor the payment of the purchase price alone transfers ownership of the vessel, as purchase and transfer are legally separate transactions. The transfer of ownership after the conclusion of the purchase contract requires two things. Transfer of the yacht to the buyer and the simultaneous agreement of the seller and buyer that ownership should pass to the buyer at the moment of transfer. The ship is handed over by providing possession of the ship, e.g. by handing over all the keys to the ship and, if applicable, also to the jetty, etc. The buyer must also be in possession of the ship.

 

In addition, the German Civil Code (Bürgerliches Gesetzbuch, BGB) provides for several variants of the transfer described here, e.g. constellations in which the buyer already has the ship in his possession or the ship is in the possession of a third party. If you are in doubt about the requirements for an effective transfer of ownership, we recommend that you seek legal advice.

What belongs in the inventory list?

The inventory includes the technical equipment, the nautical equipment, the equipment for ensuring safety, the interior equipment, the accessories, documents and other inventory. Be as careful as possible when recording the boat's inventory to avoid disputes later on. Note the condition of the inventory in the contract of sale for boats. You are welcome to use our sample for this purpose.

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