HOW TO BUY A YACHT

If you are looking for one brokerage to represent you in the buying and selling of your yacht – then look no further!

The nicest part about buying a yacht is when you only have to deal with one person. We do all the hard work for you. We spend time to get to know you and your requirements. We are connected to an international and ever-growing network of brokerages around the world. We can find any yacht available. Even if they are not in our fleet, we have access to all the yachts for sale. We look through websites, contact brokers and view other platforms to see what is available. We then create a PDF with all the yachts for sale that fit your requirements. If you become interested in a particular yacht, we will then send over a more detailed specification. This is all part of our service and it doesn’t cost you any extra! We recommend you only working with one brokerage as you build up a relationship and understanding of your needs.

When buying a yacht, there are lots of factors that need to be considered in order to effectively negotiate the purchase and optimize the closing process. Be rest assured our team will assist you with every aspect of the yacht purchase process.

When you initially enquire about buying a yacht, there are some details and information we need. We need your basic requirements in order to find the best selection of yachts:

  • Your full name, address and nationality (to register you as our client)
  • Type of yacht (Motor, Sailing, Catamaran)
  • Length of yacht
  • Budget (Often hard to give a budget but a rough estimate will help our search)
  • Location of the yacht (due to transport to the location you want to keep the yacht)
  • Number of cabins
  • Any particular details/features you want

If you do not know the answers to some of the above – We can help!

STEP 1: CHOOSE THE RIGHT YACHT TYPE FOR YOUR NEEDS

There are multiple factors to consider when choosing the right type of yacht. Every yacht has a legal limit to the number of guests that are allowed on board. So, you should consider what you will be using your yacht for. You will also have to consider where you will be using the yacht. The size of the yacht needed is dependent on if it will be used to cross oceans or just cruise the coast.

Storage of the yacht is important. There are so many options which can also affect the size of the yacht. For example, storing the yacht out of the water, or in a marina. Also, if you already have your own personal dock, what are the size restrictions or for a sailing yacht, what is the draft?

STEP 2: DETERMINE HOW MUCH YOU CAN AFFORD

When buying a yacht, it is not just the actual purchase amount that has to be considered.

Keeping and maintaining a yacht has its cost. It costs around 10-15% of the yacht value every year. This is for mooring, maintenance, engine and equipment servicing, and crew (if applicable).

During the purchase process, there are some fees that need to be considered and paid:

  • Sea Trial: A sea trial will be needed to ensure you are happy with the yacht and that everything is working as advertised. This means the fuel cost and licensed skipper will need to be paid to complete this.
  • Marine Survey: We strongly recommend a surveyor to check the equipment, hull, structure and functionality of the yacht. They will inspect every aspect of the yacht so you know exactly what you are purchasing. This includes also needing to pay for the haul out the yacht to check the hull.
  • Transportation: If you purchase a yacht in a different location to where it will be stored and used, then the transportation costs will also apply. This will either be via sea which includes fuel and a licensed skipper, or via road which includes haul out, lorry, driver etc.
  • Registration: The final part is registering the yacht in your name. Every country is different but in Spain, it is as follows –
    • New Boat Private (Personal use= lista 7)
      • Special registration tax (Impuesto Especial de Matriculación) 12%.
      • Value Added Tax (V.A.T.) 21%.
      • Property Transfer Tax 0%.
    • Second Hand Boat Private (lista 7) to Private (lista 7)
      • Special registration tax 0%.
      • Value Added Tax (V.A.T.) 0%.
      • Property Transfer Tax 4%
    • Second Hand Boat Business (=lista 6) to Private (= lista 7) tax not paid
      • Special registration tax 12%.
      • Value Added Tax (V.A.T.) 21%.
      • Property Transfer Tax 0%.
    • Second hand boat for Business (=lista 6) to Private (= lista 7) tax paid
      • Special registration tax 0%.
      • Value Added Tax (V.A.T.) 0%.
      • Property Transfer Tax 0%.

Some yachts are VAT Exempt depending on the age. Even though the EU was formed almost 24 years ago, there are still a large number of yachts operating within the EU under the status of VAT exempt on age.

This status is applied to yachts built before 1st January 1985 and also lying within the EU on 1 January 1993. Yachts complying with these criteria may be deemed VAT paid under the Single Market transitional arrangements. As Austria, Finland and Sweden joined the EU later, the relevant dates for vessels in these countries are ‘in use’ before 1 January 1987 and moored in EU on 31 December 1994.

STEP 3: DECIDE ON A NEW OR USED YACHT

When initially looking for a yacht, what is your time period? Some buyers are willing to wait for the perfect opportunity which can also mean you could wait for a new build. If you want a yacht as soon as possible, then we will guide you through what is available and some of the compromises needed in order to purchase the yacht for you.

STEP 4: ORGANISE A VIEWING

Once we have found a yacht that fulfils all of your requirements, we can organise a viewing. This can be done in person or via a video call. Our team will make sure all the positives and any negatives of the yacht are highlighted to you before the viewing.

After this viewing, if you decide to proceed further with the specific yacht, then discussions and negotiations will commence.

STEP 5: ENSURE THE YACHT IS CERTIFIED

Yacht documentation: Once you have decided on a particular yacht, it is important to check they have all the documents needed and that they are valid.

  • CE Certificate
  • Yacht’s papers or proof of ownership
  • Proof of VAT payment or evidence that yacht is exempt from VAT, if applicable
  • Proof of registry at country of flag

Guarantees: When buying a new yacht in Spain, they are warranted for 2 years for any lack of conformity. When buying a second-hand boat, it is dependent on the nature of the seller (private, company owner, ex-charter yacht, flag of yacht).

STEP 6: MAKING AN OFFER

Before making an offer, it is advised to already have a deposit of 10% of the approximate purchase price and have the remaining balance ready or have the financing pre-approved. This means, when it comes to the negotiation, the seller understands you are ready to move forward and gives you an advantage over other potential buyers.

Our team will conduct the detailed research which will help us to advise you on the amount to offer. This will then lead to the Letter of Intent (LOI) which is sent to the seller.

STEP 7: YACHT SALE AGREEMENT AND DEPOSIT

Once these negotiations have concluded with an agreed sales price, then the first legal document; Memorandum of Agreement (MOA), is drawn up between you and the seller which needs to be signed. This lays out all the agreed terms and conditions of a potential sale. These terms and conditions usually consist of the offer amount, contingencies (subject to a sea trial, a marine survey and equipment currently on board to be included) and the timeline (for the seller to respond to the offer, sea trial and survey as well as the transaction and change of ownership).

The deposit of 10% needs to be paid to into our account which we hold in the seller’s name. This deposit can be returned, subject to the sea trial, marine survey or where the seller has not kept to THE agreement. There is also the possibility to agree to purchase a yacht ‘as is’, which means you would have signed an Unconditional Sale & Purchase Agreement of the second-hand yacht. This is where the 10% deposit is non-refundable unless where the conditions of the MOA are not fulfilled by the seller.

The seller might want a MYBA MOA used during the sale process. This agreement is widely used worldwide, but they have more specific terms and conditions that should be read carefully. Also with this agreement, you only have 24hours to reject the yacht after a sea trial. If this is not done in time, you can only reject the yacht if the Marine Surveyor states that it is not sea worthy or structurally sound.

Any sale agreement signed must also contain certain information: Complete names and addresses of buyer and seller. Complete description of boat and engine, including make, model, year, hull-identification number (HIN) and engine serial number(s). New boats will come with a Manufacturer’s Statement of Origin, something you will need to register the boat. A complete equipment list is a must.

STEP 8: CONDUCT A SEA TRIAL AND A MARINE SURVEY

Sea Trials: The seller must make the yacht available for a few hours. A sea trial is a good way to test how the yacht reacts in certain circumstances. If the yacht doesn’t meet the expectations, then you have 24 hours to accept or reject the vessel. If the yacht is rejected, then the deposit will be returned. If the yacht is accepted, then we proceed to the marine survey.

Marine Surveys: We strongly recommend a marine surveyor as it is important not to cut corners. They will inspect the yacht completely and find any hidden issues with the structure or/and equipment. They will then produce a report with all the issues they found with the yacht so you are aware of what you are purchasing.

After the sea trial and marine survey report, you have the opportunity (according to the MOA) to negotiate the price or terms based on the defects found. You also have the opportunity to reject the yacht because of certain defects that were discovered (a defect is something that an officially appointed marine surveyor shall have certified to affect the operational integrity of the yacht/ machinery/systems or renders her unseaworthy)

STEP 9: CLOSE THE DEAL

You are now on the last step to purchase your yacht! To complete your purchase, the remaining amount is due to be paid. Once this has been completed, then the Bill of Sale needs to be signed by the seller and buyer to confirm the purchase of the yacht. All valid and original documents of the yacht are given to the buyer. The Protocol of Delivery is then signed by both the buyer and seller which states the time and place of the transaction and the current position of the yacht.

During this process, the seller will de-register the yacht in their name. It is your responsibility to re-register the yacht in your name and ensure the insurance is valid for when the Bill of Sale and the Protocol of Delivery is signed.

We recommend you make the effort to review the yacht’s systems and you understand when the next servicing is due. It is also advised that you are confident to operate your yacht. We can arrange a skipper to help you understand your yacht for the first few days of cruising (unless there are crew). If you complete a few yacht-education courses, then this can also help with your insurance plan!

Congratulations on your new yacht! We look forward to working with you again!

If you have any further questions, please contact us.