Buying a yacht in the Netherlands
BUYING A YACHT IN THE NETHERLANDS
MAAK Advocaten provides legal assistance in the Netherlands to yacht transactions in the Netherlands. Our Dutch lawyers can provide maritime legal services to help you make your yacht purchase or sell a success. Our lawyers in the Netherlands can help you with the purchase, review, and revision of a contract to sell a yacht.
LEGAL ADVICE IN NETHERLANDS WHILE BUYING A YACHT
There are many things to consider before you purchase a Holland yacht. Before you decide to buy a boat, it is important to fully understand your needs and to feel confident in your ability evaluate the boat's performance. You as a buyer must ensure that the seller owns title to the boat, and that the boat is well worth the price you pay. Properly handling legal paperwork is essential, especially if the yacht is to be exported from the Netherlands. The Dutch lawyers have extensive experience representing individuals and corporations in major yacht construction contracts in The Netherlands. They can help you buy or build a yacht in The Netherlands.
CONTRACT OF SALE - YACHT UNDER DUTCH LAW
Our Dutch lawyers will review any contract for the sale of a yacht. If necessary, they will make modifications to ensure that client rights are protected. These changes should be discussed with the seller or broker of the yacht if you are a buyer. Even though the seller might not agree to all changes, it's possible that the client would be more successful if the contracts weren't amended by a Dutch attorney. Many purchasers are unable to understand or interpret the contract. Contracts can be negotiable instruments, and they should reflect all of the parties' interests. Dutch law requires that the yacht be inspected. It is highly recommended that you seek advice from an independent expert and receive a written report. These reports, sometimes called Marine Surveys or Valuation Reports, are prepared by marine inspectors who have inspected and inspected the boat. Your insurer may require you to file this report before you can be approved for insurance.
A copy of the report may be provided by the Seller or Broker. It should be taken as an informative document. A broker's recommendation about a boat inspector, surveyor or other expert may not guarantee you an impartial and complete report. Engaging your own expert is a good idea. Ask your surveyor about their experience with the type of boat you are interested in when choosing a surveyor. The surveyor should provide a fixed price quote and clear details about the inspections that will be performed.
Important Points in the Inspection Report When Buying a Yacht
First, you need to find a competent surveyor who is familiar in the Dutch boat types. A surveyor's report will provide additional information about the vessel. Legally, he will be responsible for all costs incurred to fix any defects he missed. To cover this risk, the surveyor should purchase indemnity insurance. To negotiate a lower price, you can either use the surveyor's report or ask the seller for a correction. It is a good idea to be with the surveyor when they inspect your property.
You should request and receive a written report. The report will typically cost you money upfront so make sure to inquire about the contents and inclusions of your final report. It is possible that you will need to inspect or test major items such as engines. To determine the condition and health of the hull's underwater parts, an out-of water inspection is required. If the appropriate coatings are applied and maintained, all materials can coexist in the water, including fiberglass, wood and metal. If the boat isn't properly maintained and coated, electrolysis can occur. This can cause major damage to the boat's hull structure as well as to its fittings. These defects can be discovered by an inspection.
DUTCH LAW LIMITATIONS AND EXCLUSIONS ABOUT THE SURVEY
Surveys can be costly so ensure you understand what you are getting before you sign up. It is important to ask whether comments made in the report have any effect on high-risk areas. You should ask a competent surveyor about potential dangers in these areas.
INQUIRIES REGARDING TITLE AND REGISTRATION FOR A SHIP IN THE NETHERLANDS
A ship registered in the Netherlands may be allowed to register through the Dutch Register (Kadaster). If the registration is transferred, it can be revoked. The buyer may elect to register the boat in another jurisdiction. The seller cannot verify the title until the boat is registered. If the boat has not been registered, the information provided by the seller will be binding. A security right may not be visible in this instance. The Seller is required to inform the Buyer about any issues that might affect his decision to buy the boat. Ask the seller to provide documents of title showing the chain of ownership from the time the boat was built until the present. A signed bill of sale should be included with the paperwork. Ask for proof of payment for any repairs such as mooring fees, insurance documents and/or membership to an sailing club.
DUTCH LAW PROVIDES YACHTS SECURITY
The Seller may have a loan outstanding that was used to buy the boat. A charge, such as your mortgage, may be required to secure the loan. These are often called "encumbrances". If the beneficiary agrees to release you, it is acceptable. This will allow clear title and unencumbered owner to be transferred from Seller. The sale of a mortgage should be handled by a Dutch Notary. The Dutch Register will register the sale. MAAK Advocaten can help you arrange for a notary in the Netherlands to assist with the transfer of your boat.
DUTCH LAW PROVIDES CONDITIONS & TERMS FOR A CONTRACT ABOUT SELLING A BOAT
A contract for the sale or purchase of a yacht in The Netherlands will most likely be governed by Dutch law. A lawyer who is familiar with Dutch law may be able to help you. It is a good idea to consult a yachting lawyer before you sign a contract. MAAK's Dutch marine attorneys can assist you with this. The contract of sale may include the following terms:
* The boat description, including the registration number and inventory.
* Terms of repayment for the deposit, price and purchase of a yacht in The Netherlands
* The requirement for satisfactory inspection and repair of any deficiencies discovered in the Survey.
* The Buyer must obtain satisfactory financing approval before the buyer can complete the purchase.
A Buyer can cancel the contract and get a full refund if the inspection report or finance is denied.
* If the full price is not paid, title and property cannot be transferred.
* confirmation that the Seller is the seller of the boat and that he can sell it to him
* The boat will be delivered and transferred free of any maritime claims or encumbrances.
* After the trial ends, protocol and delivery.
* Any warranty or disclaimer regarding the fitness and condition must be clearly stated.
* acknowledgment that there is risk of damage or loss before the transfer.
* The choice of law clause refers to a choice for dispute resolution.
Non-professionals selling non-registered yachts in the Netherlands must guarantee the vessel at least 6 months to cover any possible defects. This Dutch law. When buying a yacht in Holland, it is in the Seller's best interests to find out about any hidden defects. A buyer can apply to reduce or resolve the yacht's cost if a hidden defect is discovered within six months.
Additional Information About Legal Advice for Buying a Boat in the Netherlands
MAAK Advocaten offers advice to buyers worldwide looking to purchase and sell commercial and recreational yachts. Before you buy or sell a yacht in Holland, it is advisable to get professional legal and financial advice. It will impact the risks and issues associated with selling or buying a yacht in Holland. We are also grateful for our contacts with the HISWA trade association for watersports and recreation in the Netherlands.
GET IN TOUCH WITH DUTCH YACHTING LAWYERS
If we haven’t already, we are more than happy to discuss your project. Remko Roosjen, a Dutch Maritime Lawyer, can answer any questions you may have about purchasing a yacht in The Netherlands.
Comments
Post a Comment