Who boat brokers represent
The majority of the time, you will be buying a boat or yacht via a boat broker. There are some key issues that you need to be aware of.
Firstly, the boat broker represents the seller; not you as the buyer. His prime legal and fiduciary responsibility is to the seller; and to sell at the highest possible price he can get. While many brokers are professional, you really must expect them to act for the seller; not for you as the buyer.
You may want to ask questions of the broker. Often however, you cannot get the information, or at least the accurate information, that you need. There may be many reasons for this. It could be that the broker simply does not know, as he may have many boats on his books. It is possible – indeed probable – that the owner has not told the broker everything.
You may see what looks to be the same boat advertised with several brokers. It could well be. Again, there could be several reasons. In some countries (e.g. Croatia) it is common for owners to place the boat with several brokers. Some brokers operate as a sort of franchise system, where different companies operate under a common name and share data, and boat listings with one another. This can work against you if you happen to go to the ‘wrong’ broker.
Paper work and the contract
Paperwork is another issue. Often the broker has not got all the paperwork necessary to understand the actual service history of the boat. You also need to ensure that the various invoices support any claim of a ‘VAT paid’ status – in extremis, you could find yourself with a very expensive VAT if this is not properly covered.
Note that if anything goes wrong, you have very little come-back against the broker – he is acting only as the broker, not the seller. So it is a case of ‘buyer beware’.
There are important issues with the standard contracts that many boat brokers use. Before you sign anything, or pay a deposit, we suggest that you have a word with us. Our view is that many (but not all) of these contracts are unfavourable to the buyer; and can tie you down to a purchase that is not in your interests.
Protecting the boat buyer – buyers representative
In a nutshell, we act for you as the buyers representative.
