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As a major benefit of membership, YBAA members are invited to use the association's standardized, copyrighted contractual forms, for both U.S. and Canadian transactions. Each Form is designed as an interactive PDF for ease of use.

When properly used, the forms help to clarify the terms and agreements between seller/broker, buyer/seller and broker/broker. In co-op sales with other YBAA brokers, you will know what to expect in the way of documents to be signed.

IMPORTANT NOTE : The YBAA Forms are updated annually, with the valid year-of-use indicated on the bottom of each Form. Be sure to only use current Forms in all transactions. All prior versions of the Forms should not be used; such use will be deemed in violation of the YBAA Membership Code of Ethics. 

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Aqua sol yacht sales.

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CENTRAL LISTING AGREEMENT

This Central Listing Agreement defines the terms and conditions whereby MYERS YACHT SALES, LLC., hereafter called Broker agrees to manage the sale of the vessel described below on behalf of the undersigned owner/agent, hereafter called Owner. Vessel Name__________________________ Year _________Length_________Mfg. ______________________Model_______________ Type ________________Hull ID #___________________________________ Doc # ___________________State Reg # ________________ This agreement shall be effective for 90 days from this date and thereafter, until revoked by a 30 day written notice by either party. _____________initial Broker shall have the sole right and authority to manage the sale of the above described vessel at the Listing Price of $___________________.

1. Owner agrees to deliver the vessel in good title, free and clear of liens. The usual and customary practice for examination, water trials, bottom inspections, surveys and closing the transaction shall apply.

2. For securing a purchaser for the above-described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 10% of the sale price or $3,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES, LLC , whether the purchase is secured by Broker, or any other party, at the price and terms mentioned or at any other price and terms acceptable to the seller. Should the vessel be sold or traded after termination of this agreement, within 6 months of official notification of termination, to a party, their assigns, or controlled business entities that was procured through the efforts of Broker, or co-operating brokers, owner shall be liable for payment of the full commission. _________(initial)

3. Owner agrees to provide easy access to the vessel at all times, for the purpose of showing while not in use by the owner, to refer all inquiries of brokers or other interested parties to Broker on a timely basis; to notify Broker should the vessel be moved, or temporarily not available for showing; to allow Broker to prominently display a “For Sale” sign during the term of this agreement and to replace sign, if removed during use of vessel.

4. Broker agrees: to carefully inspect and secure complete information regarding the vessel, to provide local and national marketing information in regards to the value of the vessel in order to determine a market value, to direct concentrated efforts of the organization in bring out a sale, to advertise as deemed advisable, in local and national advertising venues, at not cost to the seller, to arrange for surveys, bottom inspections, sea trials, at the direction of the seller, to assist the buyer in arranging financing, to assist in the closing, to show the vessel as required, to promote the sale of the vessel through national electronic listing services, of which broker is a member in good standing. 5. As owners agent, Broker is authorized to accept receipt for, and hold all money paid or deposited as a binder theron and if such deposit be forfeited by the prospective buyer, Broker may retain one half of such deposit, but not to exceed the amount of the commission, as compensation.

6. Owner indemnifies and holds Broker and agents harmless against any loss, damage, theft, suit or claim arising while the vessel is being shown, handled, ferried, or in the possession of Broker, at the direction of the owner. It is specifically understood and agreed that the Broker does not assume and is not delegated, by the owner, care, custody, or control of vessel by reason of this agreement. Broker will not move the vessel from its berth without expressed approval and acceptance of these terms from the Owner.

7. Owner understands that this agreement does not guarantee a sale, but it does guarantee the Broker will make and earnest and continued effort to sell the vessel until the agreement is terminated.

8. In the event of any dispute, claim, questions or disagreement arising out of our relating to this agreement or the breach thereof, the parties herto shall use their best efforts to settle such disputes, claims or disagreements. To this effect, they shall consult and negotiate with each other, in good faith, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within 60 days, then upon notice by either party to the other, disputes, claims or differences shall be finally settled by the laws applicable in the State of Florida.

9. Owner acknowledges having understood the terms of this agreement and receipt of a signed copy, that this document represents the entire agreement of the parties, that no other representations, warranties, guarantee of sale or promises of any kind have been made to me other than those set forth herein, and that this agreement is binding on all heirs, executors, successors, and assigns of Owner and Broker.

_______________________________________________ Myers Yacht Sales, LLC Licensed Florida Yacht Broker

Date _________________________________

Owner’s Signature _______________________________________________ Owner’s Printed Name _____________________________________________ Owner’s Address _________________________________________ _______ Date _________________________________ ________________________________________________ Owner’s Home Phone ______________________Cell ___________________ Work Phone ______________________ Email _________________________

Copyright 2020 Myers Yachts.  All Rights Reserved.

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CENTRAL LISTING AGREEMENTThis Central Listing Agreement defines the terms and conditions whereby MYERS YACHT SALES, LLC., hereafter called Broker agrees to manage the sale of the vessel described below on behalf of the undersigned owner/agent, hereafter called Owner.Vessel Name__________________________ Year _________Length_________Mfg. ______________________Model_______________Type ________________Hull ID #___________________________________ Doc # ___________________State Reg # ________________This agreement shall be effective for 90 days from this date and thereafter, until revoked by a 60 day written notice by either party. _____________initial Broker shall have the sole right and authority to manage the sale of the above described vessel at the Listing Price of$___________________.1. Owner agrees to deliver the vessel in good title, free and clear of liens. The usual and customary practice for examination, water trials, bottom inspections, surveys and closing the transaction shall apply.2. For securing a purchaser for the above described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 6% of the sale price or $2,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES, LLC, whether the purchase is secured by Broker, or any other party, at the price and terms mentioned or at any other price and terms acceptable to the seller. Should the vessel be sold or traded after termination of this agreement, within 6 months of official notification of termination, to a party, their assigns, or controlled business entities that was procured through the efforts of Broker, or co-operating brokers, owner shall be liable for payment of the full commission. _________(initial)3. Owner agrees to provide easy access to the vessel at all times, for the purpose of showing while not in use by the owner, to refer all inquiries of brokers or other interested parties to Broker on a timely basis; to notify Broker should the vessel be moved, or temporarily not available for showing; to allow Broker to prominently display a “For Sale” sign during the term of this agreement and to replace sign, if removed during use of vessel.4. Broker agrees: to carefully inspect and secure complete information regarding the vessel, to provide local and national marketing information in regards to the value of the vessel in order to determine a market value, to direct concentrated efforts of the organization in bring out a sale, to advertise as deemed advisable, in local and national advertising venues, at not cost to the seller, to arrange for surveys, bottom inspections, sea trials, at the direction of the seller, to assist the buyer in arranging financing, to assist in the closing, to show the vessel as required, to promote the sale of the vessel through national electronic listing services, of which broker is a member in good standing.5. As owners agent, Broker is authorized to accept receipt for, and hold all money paid or deposited as a binder theron and if such deposit be forfeited by the prospective buyer, Broker may retain one half of such deposit, but not to exceed the amount of the commission, as compensation.6. Owner indemnifies and holds Broker and agents harmless against any loss, damage, theft, suit or claim arising while the vessel is being shown, handled, ferried, or in the possession of Broker, at the direction of the owner. It is specifically understood and agreed that the Broker does not assume and is not delegated, by the owner, care, custody, or control of vessel by reason of this agreement. Broker will not move the vessel from its berth without expressed approval and acceptance of these terms from the Owner.7. Owner understands that this agreement does not guarantee a sale, but it does guarantee the Broker will make and earnest and continued effort to sell the vessel until the agreement is terminated.8. In the event of any dispute, claim, questions or disagreement arising out of our relating to this agreement or the breach thereof, the parties herto shall use their best efforts to settle such disputes, claims or disagreements. To this effect, they shall consult and negotiate with each other, in good faith, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within 60 days, then upon notice by either party to the other, disputes, claims or differences shall be finally settled by the laws applicable in the State of Florida.9. Owner acknowledges having understood the terms of this agreement and receipt of a signed copy, that this document represents the entire agreement of the parties, that no other representations, warranties, guarantee of sale or promises of any kind have been made to me other than those set forth herein, and that this agreement is binding on all heirs, executors, successors, and assigns of Owner and Broker.

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What Do Yacht Brokers Do? 8 Things To Expect (Selling & buying)

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From buying to selling boats and enjoying life on the high seas, the exciting life of a yacht broker seems like a dream to many.

What exactly is involved in their job?

This article will highlight some of the key responsibilities of a yacht broker.

Table of Contents

The 8 Main Functions Of Yacht Brokers

yacht brokerage agreement

A yacht broker helps to make sure that everything goes smoothly behind the scenes of buying and selling a yacht.

They do a lot to help to make sure the stress of buying or selling a yacht is less stressful and can help to speed the process up.

1) Looking at the Boat

Whether the client is purchasing a boat or selling one, the yacht broker will first need to view the vessel.

This is in order to get a good idea of the condition of the yacht. He or she will need to appraise the condition of the boat.

Another responsibility is to talk to the crew about the maintenance schedule. The yacht broker will also need to look at the ship’s papers. Having all of the right certificates in order and documents is crucial to sealing the deal.

2) Appraising the Boat

The yacht broker will also want to talk to his industry contacts to get an idea for how much the yacht is sold for.

The yacht broker has the important job of saving the seller or buyer time and pain when it comes to selling a boat.

A yacht broker can help with assessing the boat and surveying it to make sure it is in premium condition. They will attend the survey with you, or for you, if you are not able to. The broker will act as the intermediary during the process of the sale.

3) Filling Out The Paperwork

The yacht broker’s job is to make sure that the paperwork gets done. This includes collating the documents for the actual closing of the sale, preparing technical specifications, to making sure the yacht has all of the appropriate certificates.

They will also guide the yacht owner through aspects such as loan payoffs, corporate ownership, bills of sale, and similar documents.

4) Briefing The Parties Involved

A yacht broker will need to direct clients to the best possible marine lawyer for their specific yacht.

The yacht broker may need to help encourage the deal to keep pushing through.

5) Marketing

Marketing is an essential part of the yacht broker profession, especially when they are representing the seller of a yacht.

In the past, a yacht broker operated out of a big office building, and people would walk by and visit because they were considering purchasing a yacht.

Now, in the era of the internet, people from all over the world have access to a yacht broker and their services.

The yacht broker may make use of advertising such as banner ads or videos. Marketing yachts effectively makes use of the internet, so a yacht broker may make posts on social media, classifieds, or their personal website to sell a yacht or find one.

Some yacht brokers might make a video walk-through of the yacht and explain the features to potential clients. Others will have a professional website that acts as a point of contact.

6) Duties While Selling

As stated above, the broker will list the yacht on Yachtworld and other appropriate outlets. They also have the responsibility of pricing the yacht reasonably. Brokers will have access to recent sales, and they know how much they should go for based on recent sales prices.

When they receive responses to the yacht adds, they will prescreen responses so as to find those that are most likely to lead to a sale.

A yacht broker will also have the duty of showing the boat to people who are interested in buying it. They’ll give them the tour, and be sure that the boat is in pristine condition.

The yacht broker will also answer any questions that the buyers have.

Another responsibility they have is to communicate negotiations with the yacht owner. They will also handle the pricing of the yacht , which is where they might get their earnings from.

Finding the right price is a big part of getting the boat sold.

Part of their job would be to take pictures of the boat and to write a description of it that entices buyers.

7) Securing the Sale

Guy doing an inspection of a tiny house on wheels

When a price is agreed upon, the yacht broker will draw up the sales agreements and will also accept deposits.

Modern technology allows them to do this electronically with smartphones, tablets, and computers.

A yacht broker will secure sea trials where the potential buyer will take it for a test drive on the water as well as schedule surveys.

After the sale is made, they will transfer the funds to the yacht owner.

A yacht broker can assist a buyer in getting financing for the yacht.

8) Duties After the Sale

The broker’s job doesn’t stop after the boat is sold.

They can also assist in docking, boat detailing, and refining it to meet the buyer’s needs.

Their industry connections can help a lot in this process after the boat is sold, and helps to make boat ownership a rewarding experience.

Types of Agreements With Yacht Brokers

Some yacht brokers take a 10% commission on the sale of the boat and might bring it down in order to secure a sale on a boat. There are different types of agreements.

A central agency agreement, or an exclusive listing, means that a seller has hired a specific broker to sell their boat.

The broker may then list it on Yachtworld or a similar site. They then enter a co-brokerage agreement. Co-brokerage is when another broker finds a buyer for the yacht, and the original broker splits the commission with them.

Almost 70% of all yacht sales are done in this way because of this incentive. In this agreement, even if an owner brings in a buyer or donates the boat, they are still liable to pay the broker commission.

Most of the yacht sales are completed with a central agency agreement.

Another type of sale is the open listing agreement. In this setup, the owner can bring in more than one broker for the sale.

The owner also retains the right to sell the yacht on their own.

A disadvantage to this type is because they are not guaranteed commission, they might not spend money that is necessary to advertise the boat. It also might result in communication errors among more than one broker and prospective buyers.

However, on the other hand, a motivated broker might be more likely to bring in a sale because then they would be guaranteed the entire commission. The typical length of the agreement is around six months.

Yacht Broker Duties If You Are Buying

Brokers help to ease buyer’s anxiety when putting down large amounts of cash for a luxury yacht.

They might set up a separate bank account for the transaction and the necessary deposits.

The contract will specify what the contingencies of the sale are, and also how much or how the money will be returned if the sale does not go through.

For the buyer, the yacht broker will have the advice they need to find the right boat at the right price. They’ll be able to open doors and find opportunities that benefit both parties and create a win-win situation.

They work as an advocate on behalf of the buyer and will be priceless when it comes to negotiating and securing a sale.

Know The Role Of The Broker

In most sales, the broker is a worker for the seller and not the buyer.

This is an important part to remember. Their job is to get the highest price possible to satisfy the buyer and to make money. It is possible for a buyer to enter into an agreement with a broker with a buyer’s broker agreement.

A buyer’s broker represents the buyer, not the person selling the boat.

When they know what type of yacht the buyer is looking for, they will search for it through their contacts and resources available to them. They will assist in finding the right boat for the buyer’s needs and budget as well as assist in the necessary paperwork.

A buyer’s broker will typically get a split in commission from the seller’s broker.

There may be no cost to the buyer for using a buyer’s broker, but be sure to read the details of the agreement before signing.

A yacht broker has priceless industry knowledge that will assist in the buying and selling of yachts. A trustworthy broker will help save buyers and sellers time and money when they are making the purchase. They’ll pool the talents and resources of a team of brokers to support the transaction go quickly and smoothly.

Finding the right yacht broker with experience and integrity will make a big difference in the process. A yacht purchase is a significant investment, and teaming with the right people helps to ensure that the investment is the right one.

They understand the market and all of the nuances involved in buying and selling.

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MAKE YOUR LISTING AGREEMENT BULLET-PROOF:

  • Posted 11-14-2016
  • Brokers  
  • Industry   Tips  

Five Important Clauses to Help Avoid or Control Litigation

Every yacht broker should have a carefully written Listing Agreement to help avoid a lawsuit. If a lawsuit is unavoidable, these five clauses can control the outcome.

1. Commission Clause  – It goes without saying that is important to protect your commission up front in the Listing Agreement. Doing so means more than just stating it as a percentage of the gross sales price.

As every broker knows, the hard work of marketing a yacht for sale may result in a transaction that is not strictly a purchase and sale. The commission clause in your Listing Agreement should protect your commission when your work results in something other than a traditional sale including: a trade, exchange, donation, long term charter, or stock purchase in a corporate entity that may own the yacht. Planning for these events up front in your Listing Agreement will avoid the uncertainty of whether and when you will be paid for your work.

2. Duration Clause  – The duration or term clause is also important to protecting your commission. Most Listing Agreements are exclusive-right-to-sell agreements. This means that the owner agrees to pay a commission to the listing broker during the term of the Listing Agreement regardless of whether the ycht is sold through someone else. Clearly stating when the Listing Agreement begins and ends is vitally important.

A Listing Agreement should include a specific period of time from signing that the exclusive listing will remain in effect, entitling a broker to a commission during this period of time. It should also contain language addressing termination for a material breach of the agreement after written notice and a specific time period to fix (or “cure”) the breach asserted.

Requiring the parties to provide written notice of a breach and an opportunity to “cure” before an agreement is lawfully terminated can protect the broker’s commission in the event of a dispute. Many lawsuits have been decided on the question of whether proper notice of an alleged breach had been given.

3. Integration Clause  – This clause states that your Listing Agreement is the entire agreement between the parties and supersedes all earlier negotiations, agreements, and representations. Having an integration clause can protect you when there is a dispute between an owner and a broker over whether the broker made certain promises that are not in the Listing Agreement.

In a lawsuit, people sometimes “remember” things differently. The integration clause can be used to effectively limit a party from claiming that there were promises or agreements other than what are written in your Listing Agreement. Many lawsuits have been dismissed because an agreement contained an integration clause.

4. Venue Clause  – If you can’t avoid being in litigation, you can often avoid finding yourself in litigation out of state if your Listing Agreement has a venue clause. Often, a yacht owner lives in one state, the yacht is another, and the listing broker is in yet another state. This can mean multiple possible locations for a lawsuit to be filed.

To limit the costs of defending a lawsuit in a distant location, and provide more predictability for both sides in a dispute, a Listing Agreement should contain a clause stating where all the parties must file any lawsuit relating to the Listing Agreement. This is called a venue clause.

The venue clause should contain a clear statement of the state and county where the parties are required to file a lawsuit. A well written venue clause will also contain an agreement between the parties waiving an objection to a lawsuit being filed in the agreed-upon location and state the law that will apply.

For example, for a brokerage located in Fort Lauderdale, the venue clause may provide that a both parties can only file a lawsuit in Broward County, Florida, and that Florida law would apply to any dispute. Simply put, if you are a Fort Lauderdalebased broker, and you cannot avoid a lawsuit, you would probably prefer litigating in Florida over some remote location.

5. Attorneys’ Fees Clause  – Courts in the United States apply the “American Rule” when it comes to paying for attorneys’ fees in a lawsuit. Regardless of who wins, each party is required to pay its own attorneys’ fees unless there is a statute or agreement in a contract that requires the losing party to pay. Many people defending what they believe to be an unfair lawsuit, find this rule to be unfair because even if they win, they still “lose” by having to pay the cost of their attorneys. In your Listing Agreement you can change the “American Rule” by agreeing ahead of time that the prevailing party in any dispute shall be entitled to recover its attorneys’ fees and costs.

Whether you already have a standard Listing Agreement, or you are in the process of having one written, these five clauses should always be considered. Additional clauses and concepts to bulletproof your Listing Agreement also can be found in the FYBA form Listing Agreement.

Article Author: BY ROBERT ALWINE & UMBERTO BONAVITA, Robert Allen Law

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What A Yacht Broker Can Do For You

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Especially when buying or selling a large boat, the right broker can reduce stress and make the transaction go smoothly and painlessly.

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A broker can take the complications out of buying or selling your next boat. (Photo: Michael Vatalaro)

When BoatUS member David Issacson bought his first boat 26 years ago, he searched the newspaper classifieds in the morning (remember those?), located a couple of candidates before noon, and by 3 p.m. wrote the seller a check for $1,000 for a 17-foot boat he took fishing that day. "It was so simple then," he says. "Pretty much like buying a cheap used car. I don't even think I got a bill of sale. It was all done with a handshake." Now that he's retiring, he's looking for his fourth boat, which he says will be much bigger, probably in the 42- to 45-foot range. "I have no idea what it's going to take now. I've never had a boat that was documented or had a loan on it. I don't even think they have classifieds in the paper anymore, and I'm not sure what the process is these days."

Issacson is exactly the type of person who could benefit from using a boat broker. Boat brokers are similar to real-estate agents, but with important differences: They're far less regulated, and their commission is 10 percent rather than six percent. Unlike realtors who must take classes, sit for an exam, and be licensed in every state, only boat brokers in Florida and California have to be licensed and only California requires an exam. In most other states, anyone can call themselves a boat broker. And while all brokers have certain legal responsibilities to their clients, selecting one should be done carefully. Ask around at your marina or boatyard and get referrals from others who have used a broker before. Talk to two or three and get a feel for them, just as you would with a real estate agent. One way to increase your chances of finding the right broker is to look for a Certified Professional Yacht Broker (CPYB). These brokers are members of the Yacht Brokers Association of America (YBAA), have taken a comprehensive exam, have pledged to abide by a code of ethics, and will work with the BoatUS Dispute Mediation Program (see links in sidebar).

If You're Selling

There are several advantages to using a broker, the biggest of which is exposure. Plastering "For Sale" signs in yacht clubs and marinas can't equal the power of a broker's listing, especially with larger boats that have a smaller pool of buyers who may not even be in the same state. Brokers typically list boats through websites such as Yachtworld, which is easily searchable by anyone, anywhere in the world. Only brokers can list boats on the site, which functions much like the Multiple Listing Service for real estate agents.

Here's How A Broker Can Help

If you're the seller, a broker will:.

  • Advertise your boat. Brokers should list your boat on Yachtworld and advertise in other places where appropriate. Find out what their marketing plan is and get it in writing.
  • Price your boat realistically. Brokers have access to recent sale prices and know a good starting point.
  • Prescreen responses to advertising. This will avoid most tire kickers.
  • Show your boat to prospective buyers. This will save you from wasting time with buyers who don't show up.
  • Communicate all offers from potential buyers to you.
  • Negotiate the selling price. This is where brokers can really earn their money.
  • Draw up sales agreements and accept deposits. Many brokers can do this electronically over computers, tablets, and even smartphones.
  • Arrange for sea trials and schedule surveys.
  • Coordinate closing.
  • Transfer funds to you. Now you can start shopping for your next boat.

Correctly pricing a boat is critical to getting it sold, and an experienced broker has a very good idea of what a boat will sell for and can price it accordingly. Brokers typically have access to what similar boats have sold for in the local area and they'll prepare a listing based on the kind of boat and type of buyers expected. They'll take photos, write an enticing description, and recommend things to improve the look and marketability of your boat. Brokers can also help you navigate some of the more confusing aspects of selling such as corporate ownership, loan payoffs, bills of sale, and other documents needed for transferring ownership. Aside from listing and advertising the boat, their most important job is helping move the process along once a buyer is found. Brokers can also help a buyer obtain financing and assist with changing the USCG documentation. While the 10-percent commission is usually not negotiable, brokers will sometimes discount it for a sale that might be falling apart because of a survey report or other defects found on a boat. The different listing contracts used by brokers can be confusing, but they're not complicated once you understand the two main types, a central agency agreement and an open listing agreement.

A central agency agreement (sometimes called an exclusive listing) means you've hired a specific broker to sell your boat. With this type of agreement, the broker typically lists your boat on Yachtworld and — this is important — is obligated to sell it through a co-brokerage arrangement. Co-brokerage means that if another broker finds a buyer for your boat, your broker agrees to split the commission with him. This incentive to help each other is why about 70 percent of all brokerage sales are co-brokered. Keep in mind, though, with this type of agreement, even if you bring in the seller or end up donating your boat, you'll still be liable for the broker's commission. The majority of brokerage sales are central agency agreements.

An open listing agreement means you've given more than one broker the right to sell your boat and you also retain the right to sell it on your own. The disadvantage is that because no broker is guaranteed at least a part of the commission, it's not very likely any of them will spend the money to list your boat on Yachtworld or pay for other advertising. There can also be confused communications between multiple brokers and potential buyers. On the other hand, a hungry broker may be more motivated to bring you a buyer because he would get the entire commission. With this type of agreement, if you find your own buyer, you don't owe anyone a commission. For either type, don't be pressured into signing for a longer term than you're comfortable with. Six months is typical, but don't be afraid to ask for less, though a broker typically needs at least a couple of months to generate interest. Usually, you can walk away from any contract after giving 30 days notice. Most agreements automatically renew, so give notice before that if you want to cancel. No matter what kind of listing, ask for biweekly progress reports.

Selling It Yourself

For Sale By Ow ner (FSBO) certainly sounds attractive. Not only do you pocket 10 percent more than if you used a broker, but you're in charge of the whole process. Selling it yourself has drawbacks, however. You won't be able to get the same kind of national exposure a broker can, and you'll be responsible for keeping the boat in top condition and available for showing. And, because most boat shopping occurs on weekends, expect to be tied down during your time off. Finally, like many others, you may simply dislike negotiating. But if you want to save some serious money, BoatUS can help. Our thousands of online classified listings are viewable by anyone, anywhere in the world, and we offer an escrow service that takes the anxiety out of the financial part of the transaction. We also offer members full documentation service, boat financing, comprehensive insurance, and on-water and roadside towing coverage.

If You're Buying

While owners may find the process of selling to be an anxious one, buyers are looking for their next dream boat and are likely to be enjoying looking around, trying to find the perfect fit. But buyers tend to get apprehensive once it comes to plunking down hard cash. This is where a broker can make the process less stressful. Brokers should have a separate bank account for holding deposits and there should be wording in the contract specifying what the sale is contingent upon as well as how and when the money will be returned if the sale falls through.

It's important to remember that the broker in a typical sale is getting paid by and working only for the seller, not the buyer. A broker will try to get the highest possible price (that's what his commission is paid from) and will try to sell his client's boat even if it's not necessarily the best deal for you. You're on your own with negotiations and paperwork advice. You can, however, enter into an agreement with a broker through a buyer's broker arrangement. A buyer's broker will represent you, not the seller. Once they know what you're looking for, they can scour their sources and suggest likely boats for you to view, assist in negotiating a price, and help with the paperwork. Typically, a buyer's broker gets a commission split from the seller's broker so there's no cost to you, but read the agreement before signing.

When it's time to seriously consider a boat, it will need to be hauled out and surveyed — something that's usually paid for by the buyer, though as with anything in a sale, that's negotiable. Never use a surveyor recommended by the broker or seller; it's critical to hire an independent, qualified surveyor (see links, below) who has no stake in the outcome. Not only will the survey uncover needed repairs and deficiencies, it will also establish a fair market value, all of which can be used for negotiations. It will almost certainly be needed for financing and insurance as well.

Useful Links

  • Finding a Certified Professional Yacht Broker
  • Find a Marine Surveyor
  • BoatUS USCG Documentation Service
  • BoatUS Financing
  • BoatUS Insurance
  • Find out if a Florida Broker is licensed

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Charles Fort

Contributing Editor, BoatUS Magazine

Charles Fort is BoatUS Magazine's West Coast Editor. He often writes local news items for BoatUS Magazine's Waypoints column and contributes to Reports, in-depth tech features in every issue written to help readers avoid accidental damage to their boats. He is a member of the National Association of Marine Surveyors, he's on ABYC tech committees, and has a 100-ton U.S. Coast Guard license. He lives in California.

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yacht brokerage agreement

Brokerage boat of the month: Aalto, the high-volume yacht with an interior by iconic Parisian designers

Every month we place a spotlight on one of the best-designed brokerage boats that have joined the market, changed agents or have had a significant price drop. For August, the 80-metre yacht Aalto is our Brokerage Boat of the Month. 

Nuvolari Lenard was responsible for her exterior design, while iconic Parisian designers Agence Pinto worked up her interior. Aalto is listed for sale with multiple brokers for the Monaco Yacht Show , comprising Matt Pinckney at Burgess , Charles Carveles at Edmiston and James Pool at Y.CO. Her asking price is €79,750,000. 

BOAT's brokerage editor says:

Aalto sports a powerful exterior by Nuvolari Lenard that contains a high-volume 2,310GT interior, exquisitely finished and detailed by Paris-based Agence Pinto. Constructed in the Netherlands by Oceanco , she is packed with design features – including a stabilised pool table, heated pool, owner's suite with two Jacuzzis, circular skylights, circular indoor-outdoor dining room – while remaining gimmick-free and purposeful, with life rafts positioned outboard for safe automatic deployment.

The brokers say:

Burgess' Matt Pinckney said: "This Dutch-built yacht offers a unique chance to own a pedigree yacht at a fraction of current build costs." Y.CO's James Pool agreed, adding: " Aalto offers a great opportunity in today’s market to purchase a reputable Oceanco Y700 platform, commercially compliant and ready to go." The third joint central agent, Edmiston's Charles Carveles concluded: "As part of the Oceanco Y700 series, Aalto is a proven platform for both owner's use and charters worldwide – with one owner from new and benefiting from constant maintenance."

Key features:

  • Northern European pedigree
  • Owner's deck and further eight guest cabins for total party of 18, including four VIP cabins
  • Large sundeck with pool and swimming jets
  • 20-knot top speed
  • Considerable 2,310GT internal volume
  • Substantial guest elevator

What makes her special?

Nuvolari Lenard's Dan Lenard exclusively told BOAT International that Aalto was the first of a range to use the Oceanco standard platform, named Y700. "This concept was new in the 80-metre-plus sector," he recalled, noting this was the first time that Aalto was based on a  "3D superstructure' design". "Before, Aalto designs were flat." The superstructure also had "portions of the side decks being wider than the hull’s maximum beam", which is now quite commonplace in the industry.

 "Her top deck pool was a daring step ahead on the outside deck design," he continued. "She marked Oceanco as an innovative and open-minded shipyard with a vision of pushing the bar, with every boat coming out of their sheds in the years to come." Her design followed the 81.3-metre Alfa Nero , which "introduced the stern pool", and the 85.5-metre Vibrant Curiosity , with a pool on the upper deck.

No expense was spared when it came to design details either, with Aalto originally decorated in 2007 by Agence Pinto under the artistic direction of the renowned designer Pietro Scaglione, who is famed for his maximalist extravagant interiors.

Thierry Seigle of Agence Pinto said: " Aalto is a floating masterpiece that embodies elegance and luxury in every detail of its design".  He added that Pinto "infused this vessel with a unique Art Deco ambience. Every space on board reflects the opulence and glamour of the 1920s, with noble materials, geometric patterns and rich colours creating a sophisticated yet warm atmosphere". Carefully selected works of art are found throughout, with splendid lounges, cabins and relaxation areas, including a billiard room, "which have been designed to offer guests absolute comfort". Summing up: "We can see that she has stood the test of time over the past 20 years."

Price comparison:

BOATPro data shows comparable yachts for sale to the 80-metre Aalto for sale, asking €79,750,000 with Burgess, Edmiston and Y.CO: 74-metre Global , asking €79,000,000 with IYC ; 77-metre Yersin , asking €59,000,000 with Edmiston ; 78-metre Amaryllis , asking €89,000,000 with Moravia Yachting ; 78-metre Energy , POA with Burgess ; 80-metre Silver Edge , asking $75,000,000 with Fraser ; 80-metre Elements , asking €112,000,000 with Camper & Nicholsons ; 90-metre Dar , asking €208,000,000 with Large Yacht Corp. ; 91-metre Lady Lara , asking €230,000,000 with Y.CO .

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yacht brokerage agreement

For sale - Cod. 29133

  • Tipology: 1 Bedroom
  • Area: 43 m²
  • Rooms No.: 1
  • Publication date announcement: 26/08/2016

Hello, we are the owners, Irina and Oleg. We sell a bright, comfortable and very beautiful flat, designed in a Scandinavian style. The flat created "for himself", but forced to sell due to moving to Moscow. ( We bought and renovated this flat for us but we have time sell it due to ...) The flat is located in a picturesque location near the Uktus mountains. The residential complex Stony Brook. In the flat: - All necessary equipment. (Dishwasher, washing machine, oven, refrigerator, range hood, stove, TV, microwave, coffee machine) - 2 wardrobes - Ennobled balcony where you can enjoy beautiful views of the forest and mountains, and dream about the most valuable. - Cable TV, wireless internet. - Increased size of window openings make the flat extremely bright. - All items and accessories are in the flat. In building: - High-speed elevator otis, which descends directly into the underground parking. - Concierge. - Courtyard complex located on the podium, which is located at 3 floors. House territory developed according to modern requirements - as a sport, and a playground with a safe finish. - On the first floor there is a trading gallery with a large grocery store, pharmacy, children's and sports goods, cafés and restaurants. The complex has a fitness club. Area: - In walking distance from the complex there is a shopping center "Globus" Waterpark "Limpopo", sports complex, "Planet IGRIK" (children's entertainment center), ICE (fitness center), the ski slopes and ski resorts, subway Botanica. - 8 km to the center. - 100 m bus stop

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  1. Yacht Purchase And Sale Agreement printable pdf download

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  2. Fillable Online YACHT BROKERAGE CENTRAL LISTING AGREEMENT Fax Email

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  3. Boat Charter Agreement Template in Word, Google Docs, Pages

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  5. Free Broker Agreement Template & FAQs

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  6. Yacht Purchase And Sale Agreement Template

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  1. Customer vs Client in Real Estate

  2. Brokerage Yacht Sold: Dufour 455

  3. BREAKING IN TO BROKERAGE. GETTING STARTED!

  4. EXCLUSIVE BUYER BROKERAGE AGREEMENT

  5. What is A Buyer Brokerage Agreement ? #realtorcoach #realestateagents

  6. Buyer Brokerage Agreement Training

COMMENTS

  1. PDF YACHT BROKERAGE CENTRAL LISTING AGREEMENT

    The OWNER further agrees: 12 1. And warrants having good title and the lawful right to convey such title to the YACHT. 2. To furnish the BROKER with specifications, an inventory of the equipment to be included in the sale, a copy of the YACHT'S registration and/or Document, and photographs of the YACHT (if available).

  2. PDF Yacht Brokerage Central Listing Agreement

    To keep corresponding brokers informed as to the price, location and availability of the YACHT. OWNER. To promptly transmit all offers to the OWNER. 6. To waive any claim to a commission due under Section B. 6, above, of this agreement should the OWNER become obligated to pay a commission to another broker with whom the YACHT is listed ...

  3. PDF Page 1 3 1 VESSEL BROKERAGE CENTRAL LISTING AGREEMENT ...

    Should the BROKER become party to any litigation or Arbitration involving this AGREEMENT or the proceeds from the sale of the Vessel, it is agreed that the OWNER shall reimburse the BROKER for costs and attorney's fees. K. MISCELLANEOUS PROVISIONS. This Agreement shall: 1.

  4. Pro-Forms Generator

    Pro-Forms Generator. As a major benefit of membership, YBAA members are invited to use the association's standardized, copyrighted contractual forms, for both U.S. and Canadian transactions. Each Form is designed as an interactive PDF for ease of use. When properly used, the forms help to clarify the terms and agreements between seller/broker ...

  5. Yacht Broker Agent Fees Explained

    Yacht Broker Commissions in the Central Agreement (CA) "Yacht broker commissions are mentioned on the Central Agreement (CA) signed by the yacht owner and the yacht broker. By signing such an agreement, the yacht buyer not only has clear expectations for the purchase, but also builds rapport with the yacht broker."

  6. PDF International Yacht Brokers Association, Inc

    BROKERAGE VESSEL. Agreement. Buyer agrees to purchase, and Seller agrees to sell, all right, title and interest to and in the Vessel on the terms and conditions set forth in this Agreement. Capitalized words used below refer to the corresponding terms in the table above unless otherwise defined herein. Listing Broker and Selling Broker shall be ...

  7. Contracts and Forms

    YachtCloser provides a simple and turn key approach to managing all the forms and contracts needed to operate your boat and yacht sales business. YachtCloser comes pre-loaded with over 100 different forms and contracts ready for you to start selling boats. In addition to the standard YachtCloser forms, we've also partnered with the top broker ...

  8. How to Sell Your Boat with a Yacht Broker

    Yacht brokers charge a commission when the vessel is sold, and the commission amount will be set in writing when the seller signs a listing agreement with the broker. If another broker brings a buyer to the table through a co-brokerage arrangement, the total commission will normally be shared between the brokers; it should not raise the commission.

  9. CENTRAL LISTING AGREEMENT

    2. For securing a purchaser for the above-described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 10% of the sale price or $3,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES ...

  10. PDF LISTING AGREEMENT FOR BROKERAGE VESSEL

    LISTING AGREEMENT FOR BROKERAGE VESSEL ! On this the day of , 20 , Owner grants ("Broker"), the exclusive right and authority to manage the sale of the Vessel on a multiple listing basis upon the terms below: ... days of the date of this Agreement. United Yacht Sales 110 SW Atlanta Ave Stuart FL 34994 772.463.3131 (P) 772-463-3121 (F ...

  11. Boat & Yacht Brokerage Process

    This is important. By listing on YachtWorld, your broker has agreed to sell it through a co-brokerage agreement that requires your broker to split the typically 10-percent commission with the buyer's broker. About 70-percent of all brokerage sales are co-brokered. Remember, that in this type of agreement, if you bring the buyer or even ending ...

  12. FYBA Brokerage Forms Update

    FYBA BROKERAGE FORMS UPDATE. The FYBA Purchase and Sale Agreement (PSA) and Listing Agreement forms were recently updated. The key changes to the forms are described below, including a comparison of the new provisions to the old provisions and the reasoning for each change. Most of the changes are not intended to vary the intent of the agreements.

  13. PDF YACHT BROKERAGE CENTRAL LISTING AGREEMENT

    The BROKER agrees: 1. To seek prospective purchasers for the YACHT through direct promotion of the YACHT. 2. To prepare information describing the YACHT and to distribute this information through its multiple listing system to selected yacht brokerage companies, hereafter referred to as "corresponding brokers.". 3.

  14. What Do Yacht Brokers Do? 8 Things To Expect (Selling & buying)

    Types of Agreements With Yacht Brokers. Some yacht brokers take a 10% commission on the sale of the boat and might bring it down in order to secure a sale on a boat. There are different types of agreements. A central agency agreement, or an exclusive listing, means that a seller has hired a specific broker to sell their boat.

  15. Make Your Listing Agreement Bullet-proof:

    Every yacht broker should have a carefully written Listing Agreement to help avoid a lawsuit. If a lawsuit is unavoidable, these five clauses can control the outcome. 1. Commission Clause - It goes without saying that is important to protect your commission up front in the Listing Agreement. Doing so means more than just stating it as a ...

  16. Purchase and Sale Agreement for Brokerage Vessel Buyer Vessel

    Jan 30, 2020. Less Trade Allowance: (see Addendum) livery Location: Seller's DockBalance: $558,000.00 USD. dditional Terms: bject to: ial Run; Marine Survey; Mechanical Inspection. Buyer's Inspection Agreement. Buyer agrees to purchase, and Seller agrees to sell, all right, title and intere. to and in the Vessel on the terms and conditions set ...

  17. What A Yacht Broker Can Do For You

    A central agency agreement (sometimes called an exclusive listing) means you've hired a specific broker to sell your boat. With this type of agreement, the broker typically lists your boat on Yachtworld and — this is important — is obligated to sell it through a co-brokerage arrangement.

  18. Brokerage boat of the month: Oceanco's Aalto

    The brokers say: Burgess' Matt Pinckney said: "This Dutch-built yacht offers a unique chance to own a pedigree yacht at a fraction of current build costs." Y.CO's James Pool agreed, adding: "Aalto offers a great opportunity in today's market to purchase a reputable Oceanco Y700 platform, commercially compliant and ready to go."

  19. Hydroxyapophyllite-(K) from Bazhenovsk deposit, Asbest, Sverdlovsk

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  20. PDF Yacht Brokerage Central Listing Agreement

    enter into a yacht purchase and sale agreement. C. The BROKER agrees: 1. To seek prospective purchasers for the YACHT through direct promotion of the YACHT. 2. To prepare information describing the YACHT and to distribute this information through its multiple listing system to selected yacht brokerage companies, hereafter referred to as ...

  21. Yekaterinburg

    4th largest city in Russia, administrative center of Ural Federal District

  22. ferretti yachts altura 690

    ASIA PACIFIC; Ferretti Altura 690: a return to the values of a winning philosophy. Saturday, January 15, 2005. DISCOVER MORE. Thursday, April 14, 2005. Ferretti Yachts awarded at

  23. PDF mare yacht brokerage listing agreement

    To keep corresponding brokers informed as to the price, location and availability of the YACHT. To pay any corresponding broker who sells the YACHT, a percentage of the commission received from the OWNER. To promptly transmit all offers to the OWNER. To waive any claim to a commission due under Section B. 6, above, of this agreement should the ...

  24. For sale 1 Bedroom, EKATERINBURG, Sverdlovsk Oblast, Russian Federation

    For sale - Cod. 29133. Tipology: 1 Bedroom Area: 43 m² Rooms No.: 1 Floor: 13 Publication date announcement: 26/08/2016 Hello, we are the owners, Irina and Oleg. We sell a bright, comfortable and very beautiful flat, designed in a Scandinavian style.