CONTRACT OF SALE OF A SECOND HAND Boat
Between the parties
Date of birth:
Here after designated THE SELLER,
Date of birth:
Hereafter designated The Purchaser
It is agreed that:
The seller sells to the purchaser under the following conditions and thereby binding himself to the ordinary and legal guarantees in such matters for the following boat :
I – Designation:
Year of construction:
The condition of the vessel and the armament sold are described by the seller in the list or inventory attached to this contract which is contractually binding .
II – Inscriptions:
The seller states that there is no debt on the vessel that would prevent its transfer, mortgage and registration. That there will be no seizure or opposition of any kind and guarantees the purchaser against any claim in this matter.
The seller undertakes to hand over the documents and title of the boat to allow the free movement of the aforementioned boat on the final payment of the price of the boat.
III- Price –
This sale is agreed and accepted for the price of… Euros
Express agreement between the parties, the purchaser paid a security deposit of an amount of the sale price to Network Yacht Brokers Valencia residing at. the RCNV 91 Camino de Canal Ampliacion 46024 Valencia.., constituted as the deposit holder.
This sum, which does not yield interest, will be deducted from the price of the sale if the following suspensive conditions are lifted, the purchaser is then obliged to pay the seller the balance within 15 days of the so-called realization.
In the event of non-fulfilment of the suspensive conditions, the receiver will not be able to return the funds to anyone, but the agreement between the parties or under a court decision that has become final.
IV – Suspensive Conditions
The purchaser declares that he does not need to take out any loan to finance his acquisition
In addition, this sale is granted subject to the suspensive condition of the visit of the boat by the boat surveyor, residing at …, chosen by mutual agreement by the parties.
The costs of the expertise remains the exclusive responsibility of the purchaser regardless of the outcome of the sale.
The visit of the expert must take place before the …
After this date, unless there is a legitimate excuse notified to the seller, the purchaser will be presumed to have failed in the fulfilment of this condition. The amount paid as deposit will then be acquired as compensation for the seller and his agent without the seller being able to avail himself of the provisions of Article 1178 of the Civil Code and compel the purchaser to continue the sale.
If the report following the expert’s visit does not reveal any defects or defects other than those declared by the seller in the attached inventory, the sale will be confirmed and the seller will have to pay the balance of the price within 15 days of the report issued by the EXPERT.
If the report shows a serious defect or defect not declared by the seller in the inventory, the sums held as a security deposit by the receiver will be returned to the purchaser within 15 days.
Defects or defects include those that are apparent but not declared by the seller, or those that are hidden but have been revealed by the expert, causing or likely to cause a disturbance of a certain severity in the use of a boat, to the exclusion of defects considered by the expert to be minor or easily repairable.
Regardless of the result of the expertise, the purchaser can always discontinue with the sale. In this case, the amount paid as a deposit will remain fully acquired for the benefit of the seller to compensate for the immobilisation of the vessel.
In the same way, the sums will remain acquired for the benefit of the seller in the absence of a reply from the purchaser within 15 days of the report confirming the sale, the silence of the purchaser after this date will be deemed to be a renunciation of the purchase.
V – Price review:
If the expert reveals a defect or defect not declared by the seller, the expert proposes to the parties a reduction in the price. The seller then has 7 days to make a new offer to sell at the price chosen by the expert by recommended letter with acknowledgement. The receipt of this notification opens for the benefit of the purchaser a period of 7 days to accept the offer of the new conditions by recommended letter with acknowledgement.
VI – Property transfer:
Until the full payment of the sale price, the boat will remain the property of the seller.
As a result, the transfer of ownership and risks are delayed until the full payment of the price by the purchaser.
Until the transfer of ownership, the seller must insure the boat satisfactorily, not sell it or pass it on to a third party.
VII – Delivery:
The delivery of the boat will take place in…
Only the purchaser bears the cost and risks of transport to its final destination.
VIII – Competent jurisdiction:
The jurisdiction competent to hear disputes that arise from the application or enforcement of this agreement is designated by the ordinary application of the rules of procedure in such matters.
VIII – Applicable law (boat purchased abroad)
The applicable law for the interpretation and application of this contract is French law, The language is the French language, notwithstanding any translation, even signed by the parties.
The competent jurisdiction is that of the nearest French town.
in… copies (at least as many copies as parties including the receiver)
For the purposes of the sale, as a guarantee of the condition of the vessel, the seller states:
I – Ship designation:
Hull length out of all:
Maximum hull width:
Maximum veil at the bearing:
Year of construction:
II – Ship’s condition (scratch unnecessary mentions):
Painting: excellent, good, medium, mediocre
Antifouling: excellent, good, medium, mediocre
Armament excellent, good, medium, mediocre
Big sail: excellent, good, medium, mediocre
Forward sails: excellent, good, medium, mediocre
Armament: excellent, good, medium, mediocre
III – Damage and repairs:
Specify if there has been any significant damage (detail it, if so)
Specify if there have been major repairs (detail them, if so)
IV – List of armaments included in the sale
(Make an inventory)
Made to … the…