Purchase or sale of water transport is not just a pleasant transaction, but a legally significant action that requires competent documentation. Sale and Purchase Agreement (PST) of a Motor Boat Without this document, the new owner will not be able to register the vessel with the GIMS, and the seller risks continuing to receive fines for violation of shipping rules if the buyer does not register the purchase.
Errors in filling out the form, lack of necessary details or incorrectly specified technical specifications can lead to refusal of registration. outboard You will learn what documents are required, how to avoid fraud and how to properly transfer technically complex property.
The relevance of proper registration is especially high, as the legislation in the field of small-sized courts is regularly updated. Since 2012, boats weighing less than 200 kg are subject to mandatory registration with GIMS only if there is an engine with a capacity of more than 8 kW (10.88 hp), however, the contract of sale is necessary for any transactions regardless of the engine power. This is a key point that is often overlooked when selling inflatable PVC boats with low-power engines.
Legal significance of the contract and requirements for the transaction
A motorboat purchase and sale contract is a bilateral transaction in which the seller undertakes to transfer the goods to the buyer's ownership, and the buyer - to accept this goods and pay a certain amount of money for it. According to the Civil Code of the Russian Federation, for movable property, which includes small craft, the written form of the contract is mandatory if at least one of the parties is a legal entity, or if the transaction amount exceeds 10,000 rubles. Given the cost of even used boats and motors, the oral form of agreements is practically not applied here and carries high risks.
The main purpose of the document is to record the transfer of ownership, and it is from the moment the PrEP is signed that all risks of accidental death or damage to the boat, as well as responsibility for its use, pass to the new owner. For the seller, this is a way to protect himself from claims from government authorities in the event that the new owner violates the rules of navigation before the official re-registration. Act of reception and transferThe severance, which is often included in the body of the contract or is made separately, serves as evidence of the actual transfer of property.
⚠️ Attention: Sale of the boat without deregistration (if it was registered) is possible, but the contract must specify that the boat is in the register of small vessels GIMS, and prescribe the buyer's obligation to withdraw or re-register the registration in the prescribed time.
It is important to understand the difference between selling a boat as a single object and selling components. If the boat and the engine were bought separately and have different documents, they may appear as separate items or as a set in the contract. However, if the boat with the engine was registered together as a single small vessel, they are sold as a single property (in GIMS terminology).
Required documents for the execution of the transaction
To legitimize the transaction, both parties must prepare a package of documents, which can render the contract invalid or lead to the refusal of registration of rights by the new owner, and the verification of documents is the first step in any transaction, which allows you to verify the purity of the history of the boat.
The seller must provide documents proving his ownership. If the boat was previously registered, a valid boat registration certificateYou will also need a Russian passport (or other identity document) and, if the engine is sold separately, a passport with a note of purchase, and if the boat is pledged to the bank, the consent of the pledgeholder will be required, which is a rare but possible case when lending to water transport.
☑️ Documents for the deal
However, if the buyer plans to register the vessel immediately, he should take care of the availability of an OSGO policy (mandatory insurance of civil liability of small craft owners), although formally it is not required for signing a PrEP. When buying used equipment, it is highly desirable to have checks or previous sales contracts confirming the legality of the purchase by the seller.
Special attention should be paid to technical documents. boat-engine If the engine was bought from gray dealers or imported illegally, the new owner will have problems with proving ownership, in which case the contract will have to specify that the engine is sold as used without documents, which significantly reduces its liquidity and value.
Structure and content of the contract of sale
There is no legally approved uniform form of the contract of sale of a boat, the parties can use an arbitrary form. However, in order for the document to have legal force and be accepted by the GIMS, it must contain a strictly defined set of details.
The contract header indicates the date and place of the transaction, as well as the full passport details of the parties (name, series, number, by whom and when issued, registration address). Then the subject of the contract follows. Here you need to describe in as much detail the object of sale: the type of vessel (motor boat, boat, PVC), make, model, year of release, factory number of the hull, hull material, number of seats, load capacity. For the engine, the make, model, year of release, serial number, engine type and its power.
| Parameter | Boat (Corp) | Motor (Engine) |
|---|---|---|
| Identifier | Manufacturing number (HIN) | Engine factory number |
| specifications | Dimensions, material, passenger capacity | Power (kW/hp), tactility, type of fuel |
| Documentation. | boat registration certificate, PSM (if any) | Passport for motor (PTM) |
| Status. | B/o, year of release | B/u, year of release, motor clock (if there is a counter) |
In the section "Price and settlement procedure" the full cost of the transaction is recorded. The price must be indicated by numbers and a letter. The document also includes the transfer of cash, bank transfer, receipt, and if a receipt is used, the contract is marked, and the final part of the document contains the signatures of the parties and the acceptance and transfer act, which fixes the absence of claims on the technical condition of the boat at the time of transfer.
What to do if there is a mistake in the contract?
If the error is detected before signing, just print a new form. If the error is found after signing, but before registration in the GIMS, it is better to make a new contract with the current date, and destroy the old one.
Features of the sale of boats with an engine and without registration
A question often arises: how to arrange the sale if the boat does not require registration with the GIMS (for example, a PVC boat with a length of less than 3 meters with an engine up to 8 kW)? contract It's necessary. It's a proof of ownership, and it's necessary on the water when the inspector checks the documents, and the absence of PrEP can be interpreted as the use of someone else's property or stolen motor.
When selling a boat-motor kit, it is important to correctly identify the objects: If the motor is purchased separately from the boat, they may be listed in the contract as two separate items or as a component. If the boat and the engine were purchased together as a single set or registered together, they are considered to be attributable as one whole. In the descriptive part of the contract, it should be clearly stated: "Motor boat [Model] equipped with an outboard outboard motor [Model]."
⚠️ Attention: When selling a boat with an already installed engine, make sure that the engine number on the lower unit and the passport are the same.
For non-registered boats, the contract must specify that the vessel is not registered with the GIMS and does not have license plates, which removes the question of whether the buyer should be deregistered, and it is also worth mentioning the presence or absence of attachments: anchors, transom wheels, sonars that can be transferred with the boat.
Procedure for registration of the transaction and deregistration in GIMS
After the signing of the contract, the stage of re-registration of rights begins. needlessly It can be deregistered before sale (under modern regulations of the Ministry of Internal Affairs and GIMS), but in practice, often the seller removes the boat from the register to stop charging taxes and protect himself by transferring to the buyer already “clean” boat with transit numbers or without them.
The new owner is obliged to register the vessel with the GIMS at his place of residence within 10 working days from the date of purchase specified in the contract. For this purpose, an application, a purchase agreement (original), a boat's passport (if issued), a motor passport, a state duty receipt and an OSGO policy are submitted.
List of actions for registration:1. Complete the application for registration.
2. to pay the state duty for the issuance of a boat registration certificate.
3. undergo a technical inspection (if required).
4. to provide the original PrEP and the passport of the TC.
5. to obtain a new boat registration certificate and registration numbers.
It is important to note that when the owner changes, the boat's ticket changes, the old document is surrendered to the GIMS or canceled, and a new one is issued in the name of the buyer. If the boat was removed by the seller, the procedure goes faster. In case the seller does not remove the boat from the register, the new owner submits documents for "change of registration data" in connection with the change of ownership.
Keep the second copy of the contract of sale to both parties! the buyer needs it for registration, and the seller - as proof that from a certain date he is no longer the owner and is not responsible for the boat.
Common mistakes and risks in the preparation of PrEP
The most common mistake is to fill in the data carelessly: a mistake in even one digit of the factory number of the hull or engine renders the contract invalid for GIMS. Rewrite the numbers carefully, checking the documents and stamped marks on the product itself. Use of abbreviations not accepted in the technical documentation is also unacceptable.
The second risk is the sale of a boat that is pledged or under arrest. Before buying, it is recommended to check the vessel using the GIMS database for restrictions on registration actions. If the boat is listed on bail with the bank, the transaction may be invalidated and the boat will be seized, even if the buyer acted in good faith. Registry verification It takes a few minutes, but saves you from losing a lot of money.
⚠️ Attention: Don't put a low price on the contract for tax or duty savings. In case of a legal dispute or need to refund money, you can only claim the amount specified in the contract.
The phrase "the goods received, have no claims" should be in the contract, but it is better if the condition of the boat (the presence of scratches, scuffs, engine performance) is recorded in detail, which protects the seller from the buyer's demands to return the money in a week because of "hidden defects" that were actually visible during the inspection.
A competently drawn up contract for the sale and purchase of a motorboat protects the interests of both the seller and the buyer, being the main proof of ownership and legality of the transaction in the face of law and the State Insurance Institute.
Frequently Asked Questions (FAQ)
Do I need notarization of the contract of sale of the boat?
No, Russian legislation does not require mandatory notarization of the contract of sale of movable property, including small craft, it is enough to have the handwritten signature of the parties and a simple written form, a notary will be required only in special cases, for example, when selling a share in the property or if one of the parties cannot sign the document on their own.
Can I sell the boat under the contract, if it is not registered with the GIMS?
Yes, you can and should. Not registering with the GIMS (for example, for boats up to 200 kg with an engine up to 10 hp) does not cancel the ownership. The contract of sale in this case is the only document confirming that the boat belongs to you, and not found or stolen.
What to do if an error in the engine number is made in the contract of sale?
If an error is found before the documents are submitted to the GIMS, you must draw up a new contract with the correct data and date, and destroy the old one with the consent of the parties. If the error is found by the GIMS inspector, you will be denied registration and required to provide a corrected document.
Do you need a contract to sell a outboard motor separately from the boat?
Yes, the motor is a separate technically complex device with its own factory number, and when it is sold, it is a separate contract for the sale of the engine (or they are combined into a single document, but with a clear separation of items), this is necessary to confirm ownership of the engine, especially if it is more powerful than 10 hp and is subject to accounting.