Seeking Guidance on Boating Bill of Sale Documentation

[Tynas]

Hello boating enthusiasts and forum members,

I'm reaching out for advice and insights regarding the creation of a bill of sale for a boat. I'm in the process of selling my boat through a private sale and want to ensure that the transaction is well-documented and legally sound. Your expertise would be greatly appreciated.

[Alan de Enfield]

12 minutes ago, Tynas said:

Hello boating enthusiasts and forum members,

I'm reaching out for advice and insights regarding the creation of a bill of sale for a boat. I'm in the process of selling my boat through a private sale and want to ensure that the transaction is well-documented and legally sound. Your expertise would be greatly appreciated.

 

Why not just use the ones already in existence and provided by the BMF or the RYA ?

 

I can provide Pdf copies if you cannot find them.

[MrsM]

When we bought (and recently sold) our boat we used the same format as ABNB, who our vendor had bought through. A very simple one-side form. Pm me if you want.

[ditchcrawler]

Surly all thats needed is a piece of paper stating  £XXXX received from XXXXXX as full payment for narrowboat (name) Hull number XXXXXXX CRT reg No. XXXX with thanks.

[Alan de Enfield]

1 minute ago, ditchcrawler said:

Surly all thats needed is a piece of paper stating  £XXXX received from XXXXXX as full payment for narrowboat (name) Hull number XXXXXXX CRT reg No. XXXX with thanks.

 

And confirmation that the seller is the owner, is allowed to sell the boat and it has no outstanding debts on it etc etc etc.

[ditchcrawler]

2 minutes ago, Alan de Enfield said:

 

And confirmation that the seller is the owner, is allowed to sell the boat and it has no outstanding debts on it etc etc etc.

And if he doesn't do you think he will say so. Bits of paper with signatures only work with honest people 

[Alan de Enfield]

1 hour ago, ditchcrawler said:

And if he doesn't do you think he will say so. Bits of paper with signatures only work with honest people 

 

Agrred (to some extent) but it covers the buyer in as much as he has asked the question - a bit like the BSS eaxminer asking if you are a liveaboard - he has asked the question and done his due diligence, he can do no more.

[Tony Brooks]

Ido not think there are any bits of paper that are legally required. If the buyer makes an offer, you accept, and he pays you then you have a contract that can be upheld in law, but being a verbal contract is likely to be very difficult to prove if it ever went to court, so an independent witness to the transaction is the best you can do. Any bits of paper are only to record the contract in case of future action. I would certainly want it to say something along the lines of "as seen and accepted". I expect the BMF contract will do just that.

[Mike Todd]

Include 'full and final settlement' or words to that effect so that the seller cannot later claim that what you paid was but a deposit!

[Alan de Enfield]

 

Of course it is a lot easier just to use a proforma (BMF or RYA) document written by, and cleared, by legal experts.

 

Or, just write your own and potentially leave your self vulnerable.

[mrsmelly]

I have bought and  sold boats with zero paperwork whatsoever. The last one I sold a couple of years ago to a forum member and I think I just gave him a piece of paper saying taa for the money?? I cant recall. There is no requirement in law for anything at all.

Edited October 3, 2023 by mrsmelly

[ditchcrawler]

30 minutes ago, mrsmelly said:

I have bought and  sold boats with zero paperwork whatsoever. The last one I sold a couple of years ago to a forum member and I think I just gave him a piece of paper saying taa for the money?? I cant recall. There is no requirement in law for anything at all.

And if the boat you sell is not yours and you have nicked it all the bits of paper in the world wont protect the new buyer. The boat will go back to the true owner and he will get nothing in return.

[Tonka]

12 hours ago, ditchcrawler said:

And if the boat you sell is not yours and you have nicked it all the bits of paper in the world wont protect the new buyer. The boat will go back to the true owner and he will get nothing in return.

But would he be found "not guilty of receiving stolen goods"?

[enigmatic]

 

Here's a UK govt one. It's very simple, although the stuff about authorised representatives of companies that are irrelevant to 99% of narrowboaters makes it look harder

https://assets.publishing.service.gov.uk/media/5e25c5f0e5274a6c3ee68f9b/MSF_4705_Rev_1118_Bill_of_Sale.pdf

 

The RYA one is even simpler

http://www.anchormarinesurveys.com/wp-content/uploads/2018/03/RYA_BILLOF_SALE.pdf

 

Ideally I would like one that also simply states that the buyer has had an opportunity to inspect it and it's sold as seen with no warranties as Tony suggested. Does anyone knows any standard templates that do that?

 

[Momac]

On 03/10/2023 at 19:38, mrsmelly said:

I have bought and  sold boats with zero paperwork whatsoever. The last one I sold a couple of years ago to a forum member and I think I just gave him a piece of paper saying taa for the money?? I cant recall. There is no requirement in law for anything at all.

Its  not like you could claim back the boat if you can't prove you ever owned it .

 

In the salty water boat world folks do want to see the original bill of sale and  documentation as this is important if travelling between countries.

But narrowboats are very UK specific and are rarely taken out of the country.

 

[Tynas]

On 03/10/2023 at 12:45, Alan de Enfield said:

 

Why not just use the ones already in existence and provided by the BMF or the RYA ?

 

I can provide Pdf copies if you cannot find them.

Can you provide Pdf copies for me? plz?

13 hours ago, enigmatic said:

 

Here's a UK govt one. It's very simple, although the stuff about authorised representatives of companies that are irrelevant to 99% of narrowboaters makes it look harder

https://assets.publishing.service.gov.uk/media/5e25c5f0e5274a6c3ee68f9b/MSF_4705_Rev_1118_Bill_of_Sale.pdf

 

The RYA one is even simpler

http://www.anchormarinesurveys.com/wp-content/uploads/2018/03/RYA_BILLOF_SALE.pdf

 

Ideally I would like one that also simply states that the buyer has had an opportunity to inspect it and it's sold as seen with no warranties as Tony suggested. Does anyone knows any standard templates that do that?

 

Thanks

[Alan de Enfield]

44 minutes ago, Tynas said:

Can you provide Pdf copies for me? plz?

 

 

The BMF one is actually a word document, which is better as you can amend / delete / add any clauses you wish, however the forum does not allows Word documents, but if you send me a message with your email I'll forward the word document to you.

 

Intro to the document :

 

 

THIS DOCUMENT IS INTENDED TO CREATE A LEGALLY BINDING CONTRACT;

IF YOU ARE UNSURE AS TO THE EFFECT OF ANY OF THE PROVISIONS YOU ARE ADVISED TO TAKE APPROPRIATE PROFESSIONAL ADVICE

[Tynas]

21 hours ago, Alan de Enfield said:

 

 

The BMF one is actually a word document, which is better as you can amend / delete / add any clauses you wish, however the forum does not allows Word documents, but if you send me a message with your email I'll forward the word document to you.

 

Intro to the document :

 

 

THIS DOCUMENT IS INTENDED TO CREATE A LEGALLY BINDING CONTRACT;

IF YOU ARE UNSURE AS TO THE EFFECT OF ANY OF THE PROVISIONS YOU ARE ADVISED TO TAKE APPROPRIATE PROFESSIONAL ADVICE

Thanks for help

[Tynas]

Also, maybe it helps someone, I`ve found this documents and realy cool.

P.S. one more time - thanks all for help.

[Alan de Enfield]

11 minutes ago, Tynas said:

Also, maybe it helps someone, I`ve found this documents and realy cool.

P.S. one more time - thanks all for help.

 

 

 

Probably not really much help at all.

 

You may find that US terminology and legal requirements for boat sales are different to the UK.

 

Why do you not want to use already existing UK pro-forma documents from the RYA or BMF ?