Buying or selling a small craft, even if it is a simple inflatable boat or rowing frame, requires careful consideration of documents. Many owners mistakenly believe that the absence of an engine relieves paperwork, but it is the only way to do this. contract Without this document, if you dispute, steal or inspect documents on the water, you may have serious problems with law enforcement.
Unlike engine-powered technology, where the engine number and passport play a key role, in rowing boat deals, the emphasis shifts to the following: boat-board A properly drafted PrEP protects not only the buyer but also the seller by recording the transfer of property and the absence of claims by the parties at the time of the transaction, which is especially true for used boats that could be operated under harsh conditions.
This article details the structure of the contract, the mandatory fields to fill out and the situations when registration with GIMS is still necessary, even if there is no motor on the transom, we will look at typical errors in filling out and provide current recommendations for the safe execution of the transaction in the current year.
When is a contract necessary and can it be done without it?
From a legal point of view, any act of transferring property from one person to another implies an agreement. For boats without an engine, whose mass in running order does not exceed 200 kg, and the power of the potential engine (if it were) less than 8 kW, registration with GIMS is not required.
If you buy a new boat in a store, the PrEP is the cashier's check and the warranty card, which contains the product's serial number and the buyer's data, but when you buy it from hand, especially on online platforms or on an ad, receipt Or a full contract is the only way to prove that you didn't steal the boat, and if the inspector stops the boat, it's the document that will confirm the legitimacy of your presence on board.
There is a common misconception that PVC boats less than 3 meters long don't need documents at all, a dangerous illusion that although the state does not require such boats to be registered, civil law requires the registration of a transfer of rights, and the absence of a contract can be fatal in the division of property or inheritance disputes.
Special attention should be paid to boats that were previously registered but were removed from it. If the previous owner did not carry out the removal procedure, the vessel can be listed in the databases, having a properly designed PrEP will allow the new owner to easily prove the change of ownership in a disputed situation.
Mandatory details of the contract of sale
The law does not provide a rigid uniform form for PrEP movable property, but to give the document legal force, a number of mandatory rules must be followed: the document can be printed on a computer or written by hand, the main thing is legibility and the availability of all key data. Any error in numbers or letters can render the contract invalid.
The document header must specify the place (city, town) and date of the transaction, followed by the full passport details of the parties: name, series and passport number, date of issue, unit code and registration address. For the seller and the buyer, this data must be double-checked, since it is the identity of the parties to the transaction.
The most important part is the subject of the contract. It's about the boat in the most detail.inflatable, frame, metallic), make, model, year of issue (if known), colour and most importantly serial numberThe number is usually stamped on a transom or on a special tag in the nose, if there are more than one, all of them fit.
Always check the number on the boat hull with the number in the product passport (formular) before signing the contract.
The financial side of the transaction also requires clarity: the contract stipulates the full cost of the boat in numbers and words, the phrase that the settlement is made in full and the parties do not have claims is mandatory for closing financial issues, which protects the buyer from possible claims of additional payment in the future.
Specifics of the description of the boat in the document
The description of the boat in the contract is a technical part that requires care. Unlike cars that have a VIN, boats can be marked in many ways. PVC The number is often applied by thermal printing or engraving on a hard transom, and it is important to indicate the material of the case and its condition.
If the boat is sold with additional equipment that remains on it (anchor, paddles, bag-packing, inflatable floor), this should be listed in a separate list in the "Compact" section, which will eliminate the situation when the seller after signing the documents decides to take "his" oars, claiming that they were not included in the price.
- ⚓ Name: Inflatable rowing boat (specify model, for example, "Frigate M-2")
- 🆔 Identification number: (serial number stamped on transom)
- 🎨 Color: (Indicates the main color of cylinders and paiola)
- 📏 Dimensions: (length, width, diameter of the cylinder – optional, but desirable)
- 📦 Package: (oar, bag, remake, pump - if transferred)
If the boat has visible defects that do not affect safety, but can reduce its cost (damages, repair marks), they can also be mentioned in the section "Special marks", which confirms that the buyer is aware of the condition of the goods and agrees to accept it "as is".
What if the boat number is not readable?
If the factory number is erased or corroded, you need to conduct an examination or restore the number through the manufacturer, if the documents are preserved, in this case, the contract notes “the number is not readable, it is subject to restoration”.
Registration in GIMS: necessary or not
The issue of registration of rowing boats is often confusing. Under current legislation, small vessels used for commercial purposes or vessels with a mass of more than 200 kg are required to register with GIMS. However, there is a caveat: if you plan to install the engine in the future, it is better to specify the weight of the vessel in advance.
For private boats without a motor (and with a potential engine power of up to 8 hp if the weight is less than 200 kg), registration is not required. This means that you do not receive a boat's ticket and do not pay transport tax.
There are exceptions where registration is required even for light boats, for example, if the vessel is designed to travel on heavy traffic or if local regulations in a particular region so require, in which case the contract of sale becomes the main document for registration.
| Parameter | Registration is required | Registration is not required |
|---|---|---|
| Mass of the loaded boat | More than 200 kg | Less than 200 kg |
| Engine power (max.) | More than 8 kW (10.88 hp) | Up to 8 kW (inclusive) |
| Purpose of use | Commerce, transportation of passengers | Personal goals, sports, recreation |
| Type of pond | Navigational routes of federal importance | Non-navigable water bodies, small rivers |
It is important to understand the difference between “right of control” and “vessel registration.” Even if the boat does not require registration, the right of the appropriate category may be required to operate a vessel with a motor (if you do install one).
Tax aspects and state duty
In the case of a purchase and sale transaction between individuals, income tax (ITF) is usually not paid if the boat has been owned by the seller for more than three years or if the transaction amount does not exceed certain limits (although this is rarely applicable in the context of boats, as they quickly lose value).
The state fee for registration of the contract of sale with a notary is not required, since a simple written form is fully legal, notarization is required only at the request of the parties or if one of the parties insists on this for a greater guarantee, in which case the costs of the notary are divided by agreement.
A simple written form of the DCP (two copies) has full legal force and does not require notarization or payment of state duty.
If the boat is still subject to registration in the GIMS (for example, a heavy boat without a motor), then when registering the new owner will have to pay a state fee for issuing a boat registration certificate and applying onboard numbers.
Typical errors in filling out the PrEP
Negligence in filling out documents is the main cause of problems in the future. The most common mistake is incomplete data. Missing a passport series, errors in one digit of the serial number of the boat or the absence of a date can lead to the document being invalidated. Always double-check each character.
The second common mistake is to use abbreviations: Don't write "Moscow" or "Moscow" in its entirety; don't use "oblast" instead of "region"; legal documents are formal in their accuracy; and often forget to specify the number of copies of the contract (usually two: one to the seller, one to the buyer).
The third mistake is the absence of signatures on each page if the contract consists of several sheets, or the lack of decryption of the signature. The signature must be live, made in ink (blue or black), facsimile or electronic signature (without qualified EDS) in the paper contract is not allowed.
☑️ PrEP verification before signing
⚠️ Attention: Never sign blank forms or documents where some fields are left blank (e.g., dashboards instead of price figures) and this can lead to fraudulent activity when other data is entered into the document.
FAQ: Frequently asked questions
Do I need to certify the PrEP on the boat at the notary?
No, the law does not require notarization of the contract of sale of small craft between individuals, it is enough to have the handwritten signature of the parties, a notary is only needed if you want to give the transaction an additional guarantee or one of the parties can not be present in person.
Can I sell a boat without passports?
You can sell it by signing a contract of sale, which will indicate that the passport of the product is lost, but the buyer risks that without a factory passport, you may have difficulties with proving the origin of the boat or its specifications, and you must specify the phrase about the loss of the passport in the DCP.
Do I need to take the boat off the books when selling?
If the boat was registered with the GIMS, the seller must deregister it or report the sale in order to stop paying taxes and not receive penalties. The buyer, in turn, will have to register the boat on himself if it is subject to registration.
How many copies of the contract do I need to make?
At least two copies: one for the seller, one for the buyer. If the boat is subject to registration with the GIMS, a third copy may be required to submit to the inspection, although more often a copy certified by the buyer is enough.
What to do if there is a mistake in the PrEP?
You can't use a corrective fluid, which means you can't use a blanket, and if it's not a big mistake, you can cross it out, you can write the correct one next to it, and you can sign "Correate to Believe" with both sides' signatures, and if you make a big mistake, you can rewrite the contract again.