How to buy privately?

Joerg Esdorn

Malcom, just a coupe of thoughts for your consideration from a retired New York finance lawyer:

1.  You have to make sure that the seller has clear title to the boat.  For that you need to check whether the boat is registered in France or elsewhere in some registration system and get a print out of the information in the system.  You don‘t want to rely on a title guarantee from the seller because assuming the worst, you don‘t want to be chasing him in France if the true owner shows up and claims his boat back and you don‘t know whether the seller is solvent.
2.  You have to make sure that the seller has not encumbered the boat with a boat loan.  I know that in France there is a central system in which all mortgages are listed - I know because I checked that system when I bought my boat from Amel.  I also got a certification from Amel that the boat was not encumbered by a mortgage but again, if you don‘t know the seller, that may not be worth anything.  

I hope that helps.  

Joerg Esdorn
A55 #53 Kincsem
Currently in Scotland 

Wolf Guenthert

We just did a private purchase of an Amel. However the boat was in the US and the seller was also a US citizen. We used All Yacht Registries, , to help with the formalities. They are also recommended by Bill Rouse. I paid a little less than $800.- for the services, including USCG registration, and they handled the escrow.
I suggest giving Lisa Schwarz a call and discuss your situation. Her number is 239-285-8469 or 239-529-2155.

Lisa & Wolf

Malcolm Matalka

A little update:

We came to an agreement that everyone was happy with. I have given the first portion of the payment, and we just need some paperwork confirmed and submitted and I will complete the purchase, so probably next week. Pretty exciting!

"Alexander Burger" <mail@...> writes:

Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another
interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag
and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the
same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed
was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat
registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be
paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as
far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a
kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the
documents are with the agent.
I hope that gives you some clarity.
Best rergards


former owner Sharki #17

Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:

Haha it was a typo! I do not feel that I am being scammed!
El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:

You said: “ I do believe I am being scammed by the broker”

Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons
to consider him/she a good profissional.
Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:

Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:

They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.

I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.

I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.

Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.

To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.

"Trevor Lusty" <trevlusty@...> writes:

> Malcolm,
> Is very exciting buying a boat, but your first is really special and good luck with it.
> Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most
> importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an
> escrow account, and finally be certain that you can reverse out with your cash if the music stops.
> Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same
> page.
> Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds.
> Best regards,
> Trevor Lusty
> Ireland

Attika A54 117
Paraty - Brazil