Hello all, a couple of questions please.

[Alan de Enfield]

1 hour ago, Alex2020 said:

Another thing that has come to mind is, would any outstanding finance on a boat be passed on to the next owner (I.e me)?

There are almost no financial institutions still offering marine mortgages for the likes of narrowboats, It is extremely unlikely that there would be any finance outstanding on a NB, BUT, if there was, then the ownership (normally) remains with the lender until fully paid off. If you have purchased it, the seller has broken the law, and even tho you have paid for it, it is still the property of the finance house and they could seize it from you.

It is much more likely that any outstanding monies on a loan will be against a personal loan and not secured on the boat. In which case there is no problem for you to buy / own it.

 

Brokers sell the boats on behalf of the seller but have no 'secret information source' that they can go to, there is no 'registration documents', no proof of ownership documents and no way to search for finance history. A broker has no more ability to find information than you do.

A broker will 'list' the information given by the seller and many boat 'details' will say something like, "we have no responsibility for the accuracy of the details, all details provided by the seller"

 

A Marina supplies a 'parking space' for your boat, they have no responsibility for checking "boat worthiness". They may well insist that you have an independent boat safety examination done before you are allowed to enter the marina. (You will need a Boat Safety Scheme Certificate (BSSC) before you can apply for your boat licence anyway).

 

A Marina may have a Brokerage department, or they may sub-let an office to a broker.

 

The whole inland boating scene is very informal (and like no where else in the world) there is generally no paperwork - you may not even get a receipt but one way to try and get an indication of proof of ownership is to look on the boat (or ask the seller) for :

 

Insurance documents in the sellers name

Boat licence in the sellers name

BSSC in the sellers name

Fuel receipts

Mooring receipts

Marina invoices

Servicing invoices

 

etc etc etc.

 

Buying a Sea-Boat is much more formal and regulated and you would expect, as a minimum, to receive :

 

1.      Completion

1.1. Completion shall take place within [7] days of Acceptance at a location mutually convenient to the parties and preferably in close proximity to the Vessel.  It shall be a condition precedent to Completion that the Broker is in receipt of the full Purchase Price as detailed in Clause 1 and the properly executed original documentation detailed in Clause 7.2.  Immediately upon completion the Seller will give delivery of the Vessel to the Purchaser and will hand over to the Purchaser the Delivery Documents described in Clause 7.2. The parties shall record the time at which Completion occurs by means of a Protocol of Delivery and Acceptance for the purpose of notifying their respective insurers.

1.2. The following original Documents shall be prepared by the Seller and held by the Broker in advance of Completion and shall be delivered to the Purchaser on Completion;

1.2.1. The Builders Certificate and Bill of Sale and all subsequent Bills of Sale in the Seller’s possession relating to the Vessel;

1.2.2. A properly executed Bill of Sale relevant to the Purchaser in favour of the Purchaser or his nominee;

1.2.3. The Certificate of Registry in respect of the Vessel, if applicable;

1.2.4. Evidence by way of original or true copy documents, which have been certified as a true copy by practising lawyer, regarding the VAT status of the Vessel including Builder’s invoices, evidence of VAT payment and dates of arrival in the European Community;

1.2.5. Evidence of compliance with the Recreational Craft Directive;

1.2.6. An express written declaration by the Seller that at the moment of Completion and delivery to the Purchaser the Vessel is free of all debts, claims and charges of every kind;

1.2.7. Where the Seller is a company, certified true copies of the corporate authorities approving this Agreement and appointing the signatories for the Bill of Sale;

1.2.8. Any delivery order or authority necessary to enable the Purchaser to take immediate possession of the Vessel; and

1.2.9. Where applicable, an undertaking shall be given by the Seller to the Buyer to delete any Registry entry pertaining to the Vessel

 

 

You can register on the Small Ships Register but this is not a certificate of, or, proof of ownership but I do have both of mine registered as it is legally required when in foreign waters.

 

 

Edited May 28, 2020 by Alan de Enfield

[David Mack]

On 27/05/2020 at 12:15, Alex2020 said:

 

1. Is it better to buy private sale, or through a broker? I was thinking about more chance of a comeback if any problem if bought through a broker. 

 

That depends on whether the boat which is right for you is being sold privately or through a broker. I would look at both. As others have said you don't really get anything more buying through a broker.

[David Mack]

On 27/05/2020 at 12:15, Alex2020 said:

 

2.  Is it possible to change a boat where the bow just has a large window to having doors.  We’ve seen a boat we like but not too keen on no/limited access at the front of the boat.

 

Yes, in theory, although the cost and practicality will depend on how much else you have to rearrange to get access to the doors. This in turn partly depends on whether you want the doors to be a main entrance/exit route, or just for occasional/emergency access.

I would suggest though that if front doors are important to you, you would be better looking for a boat that already has them.