Buying or selling a small craft is not just a money-for-goods exchange, but a legally significant action that requires proper documentation. PVC Or a solid aluminum boat, competent contracting protects both parties from possible claims and problems with the law. The lack of a properly completed document can lead to refusal of registration in the GIMS, as well as create difficulties in proving ownership in controversial situations.
Many citizens mistakenly believe that a simple receipt or check from the store is enough for a transaction, but when transferring ownership between individuals, a full-fledged check is necessary. contractThis document captures the fact of the transfer of ownership, indicates the exact technical specifications of the boat and confirms the absence of encumbrances. In this article, we will examine in detail the structure of the document, the nuances of filling for boats with and without engines, and also consider the typical errors that make the transaction invalid.
It is important to understand that even if the boat does not require registration in the GIMS (for example, it has a weight of less than 200 kg and engine power up to 8 kW inclusive), the contract of sale remains the only document confirming the legality of ownership. In case of loss of a check or questions from law enforcement agencies on the water body, this form will be the main proof of your rightness, so its preparation should be approached with maximum responsibility, regardless of the cost of the transaction.
Legal significance of the document and requirements of the legislation
A small craft’s purchase and sale contract (PST) is the main legal document under which a new owner can register or confirm his rights when checking documents on the water. According to the Civil Code, a transaction is considered concluded at the time of signing the agreement, but for third parties (including government agencies), the availability of a paper carrier with correct data is critical, and the absence of a PST is equated with the lack of ownership rights.
The law does not require notarization of the contract in transactions between individuals, which greatly simplifies the procedure and reduces costs. However, this imposes increased liability on the parties: any error in the VIN number, engine model or data-sheet figures can lead to the fact that the registration The inspector has the right to refuse to accept documents if the data in the contract do not coincide with the marking on the boat's hull or in the passport of the technical equipment (PCM).
It is from the date specified in the contract (which must coincide with the date of signing) that the new owner is responsible for the operation of the boat, including the payment of taxes and fines. The old owner, in turn, only withdraws from his obligations after signing the act of acceptance and transfer, which is often an integral part of the contract.
- 📄 The document is the only proof of the legality of the acquisition in the absence of a commodity check.
- ⚖️ Properly executed DCP protects the seller from claims on debts of the new owner to the state.
- 🛡️ The buyer receives a guarantee that the boat is not listed in the theft and has no hidden encumbrances.
It should be noted that the contract is necessary not only for registered boats, but also for those that do not formally require accounting. In the case of theft or damage to property, the presence of a PrEP with a unique factory number will allow you to quickly initiate search activities and prove ownership.
Necessary documents and preparation for the transaction
Before starting to fill out the form, both parties must prepare a package of documents, for an individual it is, first of all, a valid passport of a citizen of the Russian Federation, the data in the contract must be rewritten verbatim, including the series, number, date of issue and the unit code, Any typo can become a formal reason for invalidating the document.
The seller must provide the buyer with a PSM (boat's passport) or PTM (vehicle passport) if the boat was previously registered. identification numberIf the boat was bought in a store and not registered, a check or invoice is enough, but it is better to have a factory passport of the product.
⚠️ Note: If the boat is pledged to the bank (for example, bought on credit), the sale without the consent of the creditor is impossible.
If a boat has an outboard motor, it can be decorated in a separate document or entered into a general contract as additional equipment. However, to register with GIMS, the engine must have its own PSM. If the motor and the boat are sold together, but the documents on them are different, the contract must clearly specify two objects of the transaction with their individual numbers.
☑️ Preparation of documents for the transaction
Treaty structure: mandatory sections and fields
A model boat sale contract does not have a strictly state-approved form, but must contain a certain set of details, without which it will not have legal force. The document is drawn up in triplicate: one remains with the seller, two are given to the buyer (one of which will go to GIMS), the structure of the document should be clear and logical.
The contract header indicates the place (city or village) and the date of the transaction. Then there is a preamble, which prescribes the full details of the parties: name, data-sheet figures, registration addresses. Then there is a descriptive part, which describes in detail the subject of the contract - a small vessel. identification number (HIN) engraved on the transom.
A separate item prescribes the transaction price and settlement procedure, specifying the exact amount in numbers and letters, as well as the method of transfer of money (cash, transfer to the card, cell), the phrase that the settlement is made in full and the parties do not have financial claims against each other is mandatory to protect the seller from possible claims for debt collection.
| Section of the treaty | Contents | Importance |
|---|---|---|
| Preamble | Date, place, data of the parties (name, passport) | Critical for identification |
| Subject matter of the treaty | Description of the boat, VIN/HIN number, model of the engine | Determines the object of the transaction |
| Price and payment procedure | Amount, currency, method of transfer of funds | Financial guarantee |
| Guarantees of the parties | Absence of bails, arrests, rights of third parties | Legal purity |
| Signatures of the parties | Personal signatures with decryption | Finishing the deal. |
The document ends with the signatures of the parties with a mandatory transcript (name and initials). No stamp is required for individuals. If there are corrections in the contract, they must be certified by the signatures of both parties ("Correated believe"), but it is better to avoid edits and print a new copy if you make a mistake.
Features of the sale of boats with and without an engine
The most common question is how to properly arrange the sale of the boat + motor kit, which are legally two different technical devices, each with its own passport (PSM) and identification number, and if you sell them together, you can specify the boat as the main item and the motor as the component equipment, but only if they are sold as a single indivisible kit at the same price.
However, experts recommend that in order to avoid problems with GIMS, you prescribe the boat and the engine in separate paragraphs in the section "Subject of the contract". For each, you specify: make, model, year of release, color, body number / engine and PSM number. In the line "Price" you can specify the total amount, but with a breakdown: "The cost of the boat is X rubles, the cost of the engine is Y rubles, the total amount of the transaction is Z rubles."
If the boat is sold without a motor, the contract must be marked "the engine is absent" or simply not mentioned in the specifications section, if the PSM on the boat does not require the presence of the motor. flyboat without the possibility of installing a powerful engine, this is less critical, but for boats with a cut-in transom number, the absence of the motor should be clearly recorded so that the new owner does not have any questions during registration.
What to do if the engine numbers are not readable?
If the engine number is erased, corroded or damaged, GIMS may refuse registration, in which case an examination is required to confirm that the number is not interrupted, and it is risky to sell such a motor - it is better to restore the number through the manufacturer or authorized dealer before the transaction.
Not even a single digit will result in a failure, so the buyer must personally verify all the markings before the transaction.
Registration procedure with GIMS and transfer of rights
After signing the contract, the new owner is obliged to register the vessel with the GIMS within 10 days, if it is subject to registration (weight with an engine of more than 200 kg or engine power of more than 8 kW). For registration, the original contract of sale, PSM, passport of the citizen, receipt of payment of the state duty and the vessel itself (for inspection) are provided to the inspection.
The registration process includes checking the technical equipment of the vessel, checking the numbers and checking databases for theft. If all documents are in order, the owner is issued a boat's ticket and registration plates, from which point he is considered a full owner, obliged to comply with the rules of navigation and undergo an annual technical inspection.
- 🕒 The registration period is 10 days from the date of signing the contract.
- 💰 The state fee for the issuance of a boat registration certificate and numbers is paid before a visit to the GIMS.
- 👀 The personal presence of the owner and delivery of the boat for inspection are mandatory.
⚠️ Note: If you buy a boat but do not register it within 10 days, you will face a fine for violation of the registration rules at the first inspection on the water, and the date purchase agreement is the main proof of the time of purchase.
Keep the second copy of the contract forever. Even after registration, GIMS can request the original DCP when you restore a lost boat's ticket or change ownership in the future.
In the event that the boat is not subject to registration (low-power), the contract still remains with the owner as a document confirming the ownership, the transfer of ownership is considered to be made at the time of signing the contract and the actual transfer of the boat, which is often fixed by a separate act of acceptance and transfer, although it is not always mandatory if the contract contains a phrase that the goods are received and there are no claims.
Common Mistakes and How to Avoid Them
The most common mistake in filling out a contract is to misrepresent an identification number. Owners often confuse the letters "O" and "Q," "0" and "D," or miss symbols. Rewrite the number from the PSM and from the transom of the boat three times, checking each character. A single-digit error will make the contract useless to GIMS.
The second common problem is the use of pencil or ink, which is prone to fading: the contract must be filled in with a ballpoint pen with blue or black paste, or printed on a printer. The use of a proofreader ("paint") is strictly forbidden - a document with corrections not certified by signatures may not be accepted.
The date of the transfer of funds and the fact that there are no claims are also often forgotten: the phrase "Settlements are made in full, the parties have no claims against each other" should be in the text necessarily, without it, the seller can theoretically demand a surcharge, and the buyer can claim a refund, claiming that the goods were not paid.
The main risk when filling out the data is the discrepancy in the contract with the PCM. Always double-check the VIN codes and data-sheet figures before signing.
You don't have to use handwritten contracts if your handwriting is illegible, you'd better download the current template, fill it out on your computer and print it out, and that will eliminate the ambiguity of what you've written and speed up the process of the inspector's review of the documents.
Frequently Asked Questions (FAQ)
Do I need to certify the contract of sale of the boat from a notary?
No, for transactions between individuals, notarization is not required, the contract is fully valid if the parties have their own signatures and all the details are filled in correctly, the notary will only be needed if one of the parties cannot be present in person and issues a power of attorney.
Can I sell the boat if it is not registered with the GIMS?
If the boat was not registered (e.g., a light inflatable boat) or the previous owner simply did not register it, it is sold under a contract of sale, the contract notes "previously unregistered", and the new owner will register it if necessary, providing a chain of contracts from the manufacturer or first owner.
What if the CPM is wrong and the contract repeats the error?
If there is a bug in the PSM, it is likely to be duplicated in the contract, in which case GIMS may require that the PSM be changed first through the manufacturer or service center. However, if the error is minor (a typo in color), inspectors may go along.
Do you have to specify the cost of the boat in the contract?
Yes, price is mandatory. This is an essential condition of the contract of sale; in addition, the amount of the transport tax (if applicable) and possible issues of the IRS depend on the price; understatement ("for tax") carries risks for both parties: the seller may not receive the money on return, and the buyer may receive less compensation in case of an insured event.