Many pleasure boats in Germany aren't in any register, so a buyer has to piece together ownership from other papers. The contract does the rest of the work, which makes it worth getting right.
Proof of ownership
YACHT's contract guide says the best case is a boat in a German ship register, which works much like the land register. But since many cruising boats in Germany aren't registered, other documents often have to serve as proof.
- Seeschiffsregister. YACHT says boats over 15 m hull length must be entered, private or commercial, at one of the registers held by 17 local courts, and receive a Schiffszertifikat that also proves ownership. Smaller yachts can be entered voluntarily. Entry needs a Schiffsmessbrief from the BSH.
- Internationaler Bootsschein (IBS). Issued by the German Sailing Association (DSV), the German Motor Yacht Association (DMYV) or the ADAC, and renewed every two years. YACHT calls it officially recognised across Europe as proof of ownership, though no authority issues it. Its contract guide is more cautious: such documents give clues but don't replace a register entry. SeaHelp advises checking the seller's name is in the IBS.
- Flaggenzertifikat. Issued by the BSH for seagoing yachts up to 15 m and valid for eight years. YACHT notes it isn't proof of ownership.
- The purchase contract or invoice. Where nothing else exists, YACHT says it's the simplest proof to show at an inspection, in the original or a certified copy.
Numbers on inland waters
On federal inland waterways, the Rhine, the Moselle and the Danube, YACHT says pleasure boats must show an identification number: motorboats with more than 3 hp and sailing boats over 5.5 m. The number can come from the IBS, the Flaggenzertifikat or a small craft number from the waterway office (WSA), and the document behind it must be on board. Lake Constance has its own numbers under state law.
VAT proof
SeaHelp says to establish before signing whether VAT on the boat has been paid, and that the previous owner can show it with an invoice listing the VAT. It warns that boats financed by leasing in other EU countries may not have paid VAT in full. YACHT adds that within the EU the proof rarely matters day to day, but customs may ask for it when a boat re-enters the EU.
The contract
YACHT's contract guide sets out the clauses that protect a buyer:
- Free of third-party rights. The contract must always state that the boat is free of the rights of others. Check the seller's ID, and if several owners are listed, all of them must agree to the sale. SeaHelp adds co-owners, heirs, banks and leasing companies to the list to check.
- Transfer date. Ownership normally passes on handover, and damage usually becomes the buyer's risk only from then, so put the date in writing.
- Warranty. The statutory warranty runs two years from handover. A private seller can exclude it, but only in writing in the contract. A dealer can cut it to one year on a used boat but can't exclude it entirely, and bears the burden of proof for the first 12 months.
- Handover protocol. Tick off the equipment list item by item and record the handover of the ship's papers, the VAT proof, manuals and keys, signed by both sides.
For large sums, SeaHelp suggests securing the payment with a bank guarantee or an escrow, with a lawyer as escrow agent for very large amounts.
The survey
With the warranty usually excluded in a private sale, YACHT advises bringing an expert or commissioning a full survey (Gutachten). SeaHelp recommends having the boat lifted to check for underwater damage and osmosis, checking that every change of owner is documented, and taking a long trial sail. See the pre-purchase yacht survey and the out of water survey. For German insurers' rig rules, see Pantaenius Germany.