Purchase of a pleasure boat (Spain)

At the time of the purchase of a pleasure boat we must take in mind certain aspects. In addition to the corresponding licences according to the length, we cannot forget a number of documents that we must have in order before start sailing.

What is a pleasure boat?

The concept of pleasure craft under our current legislation, in order to differentiate it from other boats and know the rules applicable to them, are those of all kinds, regardless of the means of propulsion, with a hull length of between 2.5 and 24 meters. Designed and intended for recreational and sports purposes, and transporting no more than 12 passengers.

Royal Decree 2127/2004 of October 29, in his article 3.a), extending its use for profits (lease / rent-charter) or for training for recreational boating.

And finally, the Royal Decree 1435/2010 of November 5th regulates the flag and registration of pleasure craft in registers 6º and 7º lists.

Purchase contract for sale of a pleasure boat

In the current legislation there is not any explicitly regulation,  the contract of sale of pleasure craft, which shall be governed by the rules established in the Civil Code, Articles 1445 for the contract purchaser sales in general.

There is freedom of form and can be done through public or private document. There is a provision (example:  Article 54 of Royal Decree 1027/1989, of July 28) that mentions the need for public document, however  in circular 4/1990 clarifies that, for vessels of the 6º and 7º lists, title of  property can be credited with the bill of sale, or any private document, duly liquidated tax, clearly showing the property.

Assurances acquired vessel (Civil Code)
The buyer of the recreational craft shall have at least the guarantees laid down in the Civil Code:  “Sanitation” for eviction and hidden defects or encumbrances.

Compensation for eviction: protects the buyer of a product, so that when this is disturbed or deprived of their property rights by a court judgment, the buyer may require the seller to respond by such disturbance or deprivation of product purchased.

Sanitation defects or hidden charges: The seller is liable to the purchaser, in accordance with Article 1484 of the Civil Code of hidden defects of the thing sold rendering it unfit for the use for which it is intended, or reduce the use of such so, to have met the buyer, he would not have acquired or would have given a lower price for it.

Guarantees of the recreational craft (consumer protection laws)
In the event that the buyer has acquired the vessel from a supplier, they come into the “consumer protection standards”, which guarantee that the legislation gives is significantly expanded and contractually irrevocable (Royal Decree 1/2007 of November 16).

The consumer has several options when required sanitation; i.e. when the property acquired is not in accordance with the contract:

• The good repair
• Replacement of the good
• A price reduction or termination of the contract

Within two years established, counting from the date of purchase, so that the consumer can make use of this right, except in the case of second-hand goods, where the consumer and the seller may agree on a different period which cannot be less than one year from delivery.

The consumer must inform the seller of the lack of conformity within two months after he has knowledge of it.

Formalities to meet in the sale of a vessel

Once closed the contract of sale and the boat has passed to the purchaser, you should contact the new situation to Capitania Marítima (or Maritime District), in order to make the record domain change in the within three months (Article 54 of RD 1027/89).

Documents to be submitted with vessels already registered in case of buying a particular

– Instance requesting the change of ownership.
– Photocopy of ID of the buyer and seller or authorization to query the data verification system.
– Sales contract signed by both (private document is accepted).
– A copy of the declaration of Transfer Tax and Stamp Duty (Model 600 or 620, according Autonomous Communities) attesting liquidation.
– Printed copy of the declaration of the Special Tax on Certain Means of Transport (Model 565 or 576), provided that all requirements below:

• In the case of vessels  of list 7ª more than 8 meters or sixth list with more than 15 meters in length.
• To have no more than four years since its final registration.
• If there is change in its circumstances or some cases of non-taxable or first registration exemption requirements.

Documents to be submitted with vessels already registered in case of a purchase from a supplier
– Instance requesting the change of ownership.
– Photocopy of passport buyer, or authorization to query the data verification system.
– Contract of sale settled the Transfer Tax and Stamp Duty (Model 600 or 620, according Autonomous Communities) attesting liquidation, or
– Purchase invoice specifying:

• The corporate name of the seller
• Sales price with VAT shown
• Invoice date and signature

– Printed copy of the declaration of the Special Tax on Certain Means of Transport (Model 565 or 576), provided that all requirements below:

• In the case of vessels 7ª list with more than 8 meters or sixth list with more than 15 meters in length.
• To have no more than four years since its final registration.
• If there is change in its circumstances or some cases of non-taxable or first registration exemption requirements.