Selling water transport is not just about handing over keys and receiving money, it is a legally meaningful process that requires strict compliance. If your boat is registered with the GIMS, ignoring the formalities can lead to the fact that the boat is not a part of the boat. fines for breach of navigation rules The owner must understand that until the official deregistration or re-registration, he is fully responsible to the state.
Many newcomers mistakenly believe that it is enough to just write a receipt for receipt of funds, which is a dangerous misconception. State Inspectorate for Small-Sized Courts It keeps a registry where the owner is the person who has been issued a boat's license, and until a new name or deregistration is added to the database, the legal consequences of operating the boat are left to the seller, so you need to approach the procedure systematically.
In this article, we will discuss all stages of the transaction: from the assessment of the technical condition to the final handshake and visit the inspection. You will learn what documents are required, how to fill out the contract of sale and whether to remove the boat from the register yourself before selling. Proper preparation of documents is a guarantee that the transaction will go smoothly, and the money will remain with you, and not go to pay for other people's fines.
Preparation of the boat and motor for sale
The first step to a successful deal is to bring the product into the market. The buyer in the secondary market of boating equipment is always looking for neat vessels that do not require immediate investment. cockpit If the boat is metal, make sure there are no fresh corrosion sites. PVC Check the stitches for tampering.
Special attention is required outboardIt's the most expensive unit in a bunch, and it's often the deciding factor: warm up the engine, let the customer listen to the idle and high revs. No knocking, no straight exhaust and clean oil are your trump cards. If the engine has been out of service for a long time, it might make sense to replace candles and filters to demonstrate its serviceability.
Put all the documents in one folder, it's important for the buyer to see the history of the service, the presence of checks for the purchase of fuel, oil, repair work increases the credibility of the seller, and prepare boat documents: boat registration certificatetechnical data sheet for the engine, valid inspection ticket (if applicable) and receipt of payment of state duties.
⚠️ Note: If the boat hull or the engine diewood are cut or unreadable factory numbers, it will not be possible to sell such vehicles legally. GIMS will refuse registration to the new owner, and the transaction will be terminated.
Valuation and buyer search
Determining a fair market price is a key factor in how fast you sell, because overpriced prices will scare away potential customers and undervalued prices will make you lose money, and for an objective assessment, analyze ads on popular sites, comparing offers from similar models of the same year. engine-workcondition of antifouling coating and availability of additional equipment.
When you're pricing, remember depreciation, boats and motors lose value right after they leave the cabin, but popular brands like the ones that are used in the car are not. Yamaha, Honda or Kazanka Some series can keep the price better due to their reliability and liquidity of spare parts.
Use high-quality photos to advertise. Take pictures in daylight, take pictures of the boat from different angles, close-ups of the motor, dashboard, transom and bottom. Videos of the engine working on water will greatly increase interest. dimensions, engine type, body material, complete set.
Make a short video of the engine working on the ear and on the water. Record the sound of the operation at different turns is the best argument for a remote buyer, confirming the health of the engine.
Required documents for the transaction
The legal purity of the transaction is ensured by the correct execution of the papers. Contract of sale (PCP)It can be written in simple form, notarization is not required, but it is important to fill in all the boxes correctly, the contract must indicate the passport details of both parties, the complete details of the vehicle (VIN number, body number, model, year of issue) and the cost.
The originals of all technical documents are transmitted to the buyer together with the contract. boat registration certificate (or an extract from the register of small craft), an engine data sheet with registration marks, as well as any certificates of conformity, if they are preserved. If the boat has previously been customs cleared, it is desirable to have a copy of the cargo customs declaration (GTE), although for used equipment in the country this is less relevant.
It is important to fill out the contract correctly. Specify the exact amount of the transaction with numbers and a spelling. The date and place of the contract conclusion are also mandatory. It is recommended to draw up a document in triplicate: one remains with the seller, two are given to the pokupat (one for yourself, one for GIMS at registration). Errors in the aggregate numbers are unacceptable - one incorrect figure can cause refusal of registration.
| Document | Who's left with the original? | Where to get a copy/original | Note |
|---|---|---|---|
| Contract of sale | To the Buyer and Seller | GIMS (for registration) | 3 copies |
| boat registration certificate | To the buyer. | Takes it down. | For cancellation |
| Passport to the engine | To the buyer. | Copy in GIMS | Original for reconciliation |
| State duty receipt | To the buyer. | GIME | Paying for the new owner |
Deregistration and re-registration procedure
There are two main ways to register a sale: deregistration by the seller before the transaction or re-registration for a new owner. The first option is safer for the seller, because it relieves him of responsibility instantly. To do this, you need to contact any department of GIMS with a statement of deregistration in connection with the sale, provide the boat for inspection (if required) and surrender the numbers. transit documents or a certificate that you give to the buyer.
The second option is to visit the GIMS together, where you and the buyer go to the inspection, where the purchase contract is filled out in the presence of the inspector, the old owner writes a withdrawal statement, the new one writes a production statement, this is the ideal scenario, eliminating the risk that the buyer will delay the registration, but in practice, buyers often ask first to give the documents, promising to register the boat later.
If you choose to transfer documents without a joint visit, be sure to take the buyer's receipt of documents and money, which will indicate the date of transfer. The receipt must state that the buyer undertakes to register the boat for himself within 10 days. Although this does not remove you from full responsibility before the law, in the case of litigation, this will be a weighty argument of your good faith.
☑️ Documents for GIMS
Tax and public duties
The sale of personal property that has been in possession for more than three years is not subject to personal income tax (PIT). If you owned a boat and motor longer than that, you do not need to file a declaration. However, if the equipment was owned for less than three years and sold for more than was bought (or received as a gift), there is a liability to pay 13% of the difference between the price of purchase and sale.
If the purchase documents are lost or the boat is obtained free of charge, the entire sale amount exceeding 250,000 rubles (property deduction) can be taxed, so keeping the old sales contracts or checks is extremely important.
The new owner pays the state fee for registration actions (amendments to the register, issuance of a new boat registration certificate, issuance of numbers), the amount of the fee depends on the type of vessel and availability of numbers. It is better to check the current details and amounts directly in the GIMS branch or on the official portal of public services, since tariffs can be indexed.
⚠️ Note: If you sold the boat but did not deregister it and did not receive confirmation of registration for the new owner, the transport tax will continue to be charged to you.
Risks and Common Mistakes of Salespeople
The most common mistake is trusting the boat's documents and the signed contract, relying on the buyer's integrity, and six months later, it turns out that the boat is not registered and the new owner received fines from cameras or, worse, the boat was stolen or used in illegal activities, and you are legally the owner.
Another risk is technical, because it is unethical and risky to hide serious defects, such as microcracks in the case that are temporarily sealed or problems with compression in the engine, if you have specified in the contract that there are no defects and they surfaced, the buyer can request the termination of the transaction through the court, citing the fact that the contract is not defective. Article 475 of the Civil Code of the Russian Federation.
Keep in mind environmental regulations: The sale of boats with engines that do not meet current environmental standards (e.g. two-stroke engines without catalysts in some regions or countries) may be limited, and make sure that your equipment meets the requirements for operation in your area so that you do not create problems for the buyer when registering.
What if the buyer disappeared after receiving the documents?
You must apply to the GIMS with an application for termination of registration in connection with the sale, attaching a copy of the contract of sale.
Frequently Asked Questions (FAQ)
Can I sell a boat if it is registered, but lost the boat's ticket?
You can sell, but you have to restore the document before you trade, you have to file a loss claim with the GIMS, pay the fee, get a duplicate or an extract from the registry, and without a valid registration document, the buyer will not be able to re-register the boat for himself, which will make the transaction meaningless.
Do both spouses have to be present when selling a boat if they are married?
Under the Family Code, movable property purchased in marriage is joint property, which requires the notarized consent of the spouse to be sold, and in practice, GIMS rarely asks for this, but the buyer can require this document for his legal security so that the transaction cannot be challenged.
What to do if there is a ban on registration on the boat?
It's not legal to sell a boat, and it's usually a bailiff's ban because of the owner's debts, and you have to figure out the reason for the ban, pay off the debt, and remove the restrictions, and then you can start to sign a contract.
Do I have to take the boat off the register before selling?
The law does not require the seller to deregister the boat before the sale, which can be done during the process of re-registration for a new owner, but deregistration before the transaction protects the seller from the risks associated with the operation of the boat by the new owner until the formal registration.
Can I sell the boat by general power of attorney?
The power of attorney sale is a risky scheme that you should give up, and the legal owner is the person who has the power of attorney, and all the fines and taxes will come to him, and it is better to have a full contract of sale and take the boat off the register.
The main principle of safe sale: do not give the original documents and the boat until you receive full payment and, preferably, before a joint visit to the GIMS or receipt of a deregistration receipt.