The Yacht Brokerage Terms & Conditions
April 14th 2023
These terms and conditions shall apply to the agreement between The Yacht Brokerage and the owner(s) of a boat to be listed by The Yacht Brokerage.
The person completing the details of the boat and equipment as per the website declares that:
- He/she is the owner of the boat or is fully authorised by the owner;
- The boat and equipment as described is all in working order;
- The proof of ownership details relate to the sole owner or all of the joint owners of the boat;
- The boat described is free of all loans, mortgages and encumbrances [if not please complete details of any finance in the proof of ownership section];
- The declared owner holds free and clear title to the described boat;
- The declared owner has full legal right to transfer title to any purchaser;
- The declaration as to VAT status is correct;
- The declaration as to RCD status is correct.
The word "owner" shall include joint owners and any person acting with the written authority of the owner or part owners of a boat giving instructions for sale. By completing the website details the owner instructs The Yacht Brokerage to act as Agent for the sale of the described boat upon these terms and conditions.
The owner declares to the best of his knowledge and belief that the particulars completed by the owner are correct, that the boat complies with relevant EC legislation, that he has power to dispose of the vessel with the concurrence of any joint owner or mortgagee or hire purchase company as may be mentioned in the details completed and that all known defects have been declared. The owner agrees to indemnify Boatmatch.com should any of the information given prove to be incorrect in the event of any claim being proven by a purchaser.
The owner accepts that The Yacht Brokerage must qualify any details shown on the listing and inventory with the following disclaimer:
"In this case we are acting as agents only. The details of the boat have been provided by the owner, or his authorised representative. The Yacht Brokerage does not guarantee the correctness of the details. The details are intended as a guide only and they do not constitute a term of any contract. A prospective buyer is strongly advised to check the particulars and where appropriate at his own expense to employ a qualified marine surveyor to carry out a survey and/or to have an engine trial conducted."
The owner agrees to sign a sale contract in the form provided on the website, or amended as agreed, if so required by The Yacht Brokerage.
If The Yacht Brokerage shall introduce a prospective purchaser for the boat and a sale is completed to such purchaser, the owner agrees to pay the following charges:
Brokerage Fees
- Minimum fee £2,500 (VAT not applicable)
- All boats are sold on a fee basis not a commission - please contact The Yacht Brokerage for details.
On completion The Yacht Brokerage may deduct the fee from the proceeds of sale together with any monies due to other parties.
The Yacht Brokerage shall hold any deposit or purchase funds in an account designated "client account" and shall distribute the net proceeds of sale as directed by the owner within 7 working days of clearance of the final payment or the provision by the owner of the Certificate of Registry and a properly executed Bill of Sale in favour of the purchaser or his nominee, showing the vessel to be free of encumbrances and, where applicable, on transfer of cleared title whichever is the later.
The owner agrees to The Yacht Brokerage having exclusive rights in the sale of the boat for a period of three calendar months and to agree any change in the asking price or location of the boat. The owner undertakes to give The Yacht Brokerage the name of any customer enquiring about the boat, also to notify The Yacht Brokerage immediately if they wish to withdraw the boat from the market.
The owner confirms that the boat is insured and will remain insured until acceptance by a purchaser, and such insurance shall cover all viewing and sale arrangements, including slipping for survey and sea trials. The owners shall be responsible for all cleaning, maintenance, berthing, storage and security of the vessel until sold. Without prejudice to the subsisting rights of The Yacht Brokerage or the owner under this agreement either party may terminate this agreement after a period of three calendar months on giving 30 days notice by email.
- This agreement shall terminate if either party goes bankrupt or enters into liquidation whether compulsory or voluntary or compounds with his/its creditors or takes or suffers any similar action in consequence of debt.
- Either party may terminate this agreement forthwith by e-mail to the other if the other party commits a breach of any term of this agreement.
The owner declares that the boat described is offered free of all import duties and other UK, EU or foreign duties in respect of which, the owner agrees to indemnify The Yacht Brokerage.
The agreement between the owner and The Yacht Brokerage shall be construed according to and governed by the laws of England and the parties submit to the jurisdiction of the Courts of England.