Sales Agreements & Contracts

Whether you buy a brand new boat from a dealer or a used boat directly from the owner, outlining the terms of the sale in writing is the best way to protect your interests, since oral agreements are good only as long as both parties agree.

A written agreement will eliminate or minimize questions and problems that could later turn a sweet deal at the dock into a sour one in court. By spelling out the obligations of both the buyer and the seller, as well as the time frame in which the sale is to take place, you have a legally binding, written document of the parties’ intentions.

It’s not necessary to have a lawyer write the contract, although this should be considered, especially if you are buying a high-ticket boat or are having one custom-built for you.

Most dealers use contracts printed with their name and address, but fill-in-the-blanks contract forms found in stationery stores will suffice. A handwritten agreement will also serve the purpose. Regardless of the form, both parties must sign the contract. If the sales agreement requires the signature of both the salesperson and an officer of the dealership, make sure both spaces are signed.

For other tips see www.boatus.com/guide/s_agree.asp

Basic Contract Terms

Sales agreements or contracts should include the following minimum information:

• Complete names and addresses of buyer and seller.
• Complete description of boat and engine, including make, model, year, and Hull Identification Number and engine serial number(s). A complete equipment list is a must.
• The purchase price, including a description of any deposits (see below) paid by buyer and how the balance will be paid (for example, certified check, etc.). It should also describe the trade-in boat, if any, and its exact value.
• A firm delivery date describing when and where the boat will be delivered and the deal finalized.
• The boat’s condition at the time of delivery, including a complete list of the accessories and items that convey with the boat.
• A full description of any warranty from the dealer or manufacturer. When boats are sold in “as is” condition, recourse may be impossible if problems arise.
• Buyer’s contingencies: Spell out that the sale hinges on a satisfactory survey and sea trial and the ability to obtain acceptable financing and marine insurance.
• A statement that the boat is free of all liens and encumbrances. The seller should also assume all responsibility for debts incurred during his ownership.

Deposits & Trade-Ins

Deposits

Most brokers and dealers require a 10% cash payment on a new boat but a nominal deposit is enough to get the dealer to write a contract. Often, the deposit is placed in an escrow account, but this is less common with private party sales.

The seller may have a right to keep all or a portion of the deposit if the buyer backs out of the deal without cause. As a buyer, you should include as many contingencies as necessary to protect your interests, including satisfactory survey and sea trial, clear title, and ability to obtain financing and insurance. On new boats, a written delivery date is crucial.

Trade-Ins

Dealers are often willing to apply the value of trade-in boats against the cost of a new boat, but be aware that you will probably not get top dollar on the price, since dealers stick close to the maxim “buy low, sell high.” In addition, dealers may scrutinize your old boat far more critically than a private buyer, since part of their profit margin will be based on how easy a trade-in boat is to sell.

With this in mind, have your boat in top condition when you bring it to the dealer.

In some states, a benefit of a trade-in arrangement is that you pay sales tax only on the price of the new boat, less the amount of the trade-in. Check with your state’s boat registration agency.