for the Acquisition of a Used Watercraft
(EU-law-compliant version, 2025 update)
A contractual agreement for the acquisition of a pre-owned watercraft may appear complex at first glance, yet the true challenges often lie in the finer details. For standard transactions without special clauses or ancillary agreements, the contract can typically be prepared without legal assistance, for instance by using a template.
However, professional legal advice is strongly recommended in specific situations — in particular for:
- cross-border purchases within or outside the EU,
- vessels exceeding 15 meters in length, or
- watercraft with substantial financial value.
⚖️ The Importance of Written Documentation
Consulting a written template (e.g., via a reliable source) is an excellent first step — you have already decided to formalize the arrangement in writing.
Although verbal contracts are legally valid under most national and EU civil laws, it is strongly discouraged to rely solely on oral promises when significant financial value is involved. Written documentation not only provides clear evidentiary value, but also ensures both parties agree on the essential elements of the transaction:
- Who is the seller and who is the buyer?
- What exactly is being purchased?
- What is the agreed purchase price?
- How and when will payment occur?
- When and where will ownership and risk be transferred?
- What rules apply in case of defects or disputes?
The following sections expand on these points, reflecting the principles of EU consumer and civil law.
The equipment list is an essential part of the object description and should be attached to and co-signed with the contract.
Even seemingly obvious items (e.g., sails for a sailboat) should be listed. Include both standard and additional equipment, particularly branded items or components described as “new” or “as new.”
Key documents include:
the CE Declaration of Conformity,
the CE manual, and
the original invoice (useful for confirming VAT compliance).
Under Directive 2013/53/EU, all recreational craft placed on the EU market after 1998 must carry CE certification and corresponding documentation.
Clearly identify both contracting parties with full legal names and addresses.
Ambiguity about whether a person acts as a private individual (C2C) or a professional trader (B2C) can have major legal implications:
In C2C sales, a warranty exclusion may be valid.
In B2C sales, EU law (Directive 2019/771) requires a minimum two-year legal warranty, which cannot be excluded.
When processing or storing personal data, ensure compliance with the General Data Protection Regulation (GDPR) — only collect data necessary for contract performance.
Specify the exact time and place of handover.
Ownership and risk of accidental damage transfer to the buyer only upon delivery, unless otherwise agreed.
Insurance coverage should begin at this point.
Until handover, mooring fees or related costs are typically borne by the seller.
Payment is commonly divided into a deposit upon signing and final payment at handover.
Instant bank transfers are often a safer alternative to cash transactions.
⚠️ Do not understate or falsify the purchase price for any reason — doing so may lead to tax or customs violations under EU and national law.
In private-to-private (C2C) contracts, warranty exclusion clauses are common.
However, per EU law and court precedents, such exclusions cannot apply in cases involving:
gross negligence or intent,
fraudulent concealment of defects, or
damages to life, health, or physical integrity.
In B2C contracts, a minimum two-year warranty period applies automatically and may not be waived.
For cross-border sales, the applicable law is determined according to Regulation (EC) No 593/2008 (Rome I).
Unless otherwise agreed, the contract is governed by the law of the seller’s habitual residence.
Consumers, however, retain protection under the mandatory rules of their own country.
Parties may also agree on a jurisdictional clause.
In absence of such agreement, disputes must be brought before the courts at the defendant’s domicile.
Final Recommendations
Before purchasing, have the vessel inspected by an independent marine surveyor.
A professional inspection can often prevent costly disputes that even the most detailed contract cannot fully eliminate.
In case of a cross-border dispute, parties may use the European Online Dispute Resolution (ODR) platform under Regulation (EU) No 524/2013:
https://ec.europa.eu/consumers/odr