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03-12-2021, 23:16
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#1
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Registered User
Join Date: Dec 2021
Posts: 4
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Buying in Italy - legal advice experiences?
Hi,
There are many threads on purchasing a boat in Italy which have been most useful. We are Australians in the early stages of purchasing a boat in Italy and was wondering if anyone had contracted an Italian lawyer to assist in the process whom they found helpful? (All care, no responsibility of course)
We are having the boat surveyed of course, but due to distance, unfamiliarity with the local contracts, tax differences etc thought we should get some legal advice too.
Much appreciated :-)
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03-12-2021, 23:42
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#2
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Marine Service Provider
Join Date: Jun 2015
Location: Croatia
Boat: Elan 45 impression
Posts: 1,126
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by Sailaway2021
Hi,
There are many threads on purchasing a boat in Italy which have been most useful. We are Australians in the early stages of purchasing a boat in Italy and was wondering if anyone had contracted an Italian lawyer to assist in the process whom they found helpful? (All care, no responsibility of course)
We are having the boat surveyed of course, but due to distance, unfamiliarity with the local contracts, tax differences etc thought we should get some legal advice too.
Much appreciated :-)
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I am sorry. But why buyer always doing wrong.
Before survey searching for boat.
you go to register where you planing register yacht and ask simple question
.Hi kangaroo government guy. I planing buying used yacht outside what document you need for register yacht.
and Kanguru guy make list
Boat must have invoice or contract
engine emission sticker stage 3
Owner of boat must have church certificate or CE mark
For example Croat buying boat from private guy in Italy is pain in ass.becouse croat register need deleting boat in previous register and original document of deleting. some port don't want issue this document.
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04-12-2021, 00:00
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#3
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Registered User
Join Date: Dec 2021
Posts: 4
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by more
I am sorry. But why buyer always doing wrong.
Before survey searching for boat.
you go to register where you planing register yacht and ask simple question
.Hi kangaroo government guy. I planing buying used yacht outside what document you need for register yacht.
and Kanguru guy make list
Boat must have invoice or contract
engine emission sticker stage 3
Owner of boat must have church certificate or CE mark
For example Croat buying boat from private guy in Italy is pain in ass.becouse croat register need deleting boat in previous register and original document of deleting. some port don't want issue this document.
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Thanks for replying so quickly, but I don't think you understand the question, I am fully aware of how to register a boat in my home country.
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04-12-2021, 00:16
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#4
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Registered User
Join Date: May 2014
Boat: Shuttleworth Advantage
Posts: 2,241
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by more
For example Croat buying boat from private guy in Italy is pain in ass.becouse croat register need deleting boat in previous register and original document of deleting. some port don't want issue this document.
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All "full" (international) boat registers require deletion from previous register. This apples even for group registers for example Red Ensign, UK, Jersey, IOM, Guernsey, Gibraltar.
I think what the OP is asking is how do you prove the seller is the owner and confirm that there are no liens or impounds on the vessel.
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04-12-2021, 00:25
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#5
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Registered User
Join Date: Dec 2021
Posts: 4
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by Tupaia
All "full" (international) boat registers require deletion from previous register. This apples even for group registers for example Red Ensign, UK, Jersey, IOM, Guernsey, Gibraltar.
I think what the OP is asking is how do you prove the seller is the owner and confirm that there are no liens or impounds on the vessel.
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thanks Tupaia, that is one of the issues we want to be clear on, plus identification of "blind spots" - those questions you didn't even know to ask until they became a problem.
For example, the broker has asked for 50% of purchase price to be paid upon acceptance of the vessel post survey (on top of the 10% deposit), with the final balance on handover - in all our experiences thus far we've never been asked for that so we need understanding of the risks and what is standard practice.
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04-12-2021, 00:41
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#6
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Registered User
Join Date: May 2014
Boat: Shuttleworth Advantage
Posts: 2,241
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by Sailaway2021
For example, the broker has asked for 50% of purchase price to be paid upon acceptance of the vessel post survey (on top of the 10% deposit), with the final balance on handover - in all our experiences thus far we've never been asked for that so we need understanding of the risks and what is standard practice.
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This arrangement has several pitfalls. the 10% deposit subject to survey is normal. The 50% on acceptance less so, unless others know differently. When does the vessel become yours, acceptance or handover? Who is responsible for the vessel, insurance, damage, berthing fees, during the period between acceptance and handover? If the handover does not go as expected or there is a dispute is there any comeback? Unless acceptance and handover are concurrent then this sounds like a lawyers gravy train with lots of potential to go wrong.
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04-12-2021, 01:03
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#7
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Registered User
Join Date: Dec 2021
Posts: 4
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Re: Buying in Italy - legal advice experiences?
I agree Tupaia, hence my original question seeking positive experiences with local legal advisors and ideally a referral.
Google turns up a myriad of lawyers for purchasing super yachts and tankers, but I am looking for someone who deals with small private clients.
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04-12-2021, 01:12
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#8
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Marine Service Provider
Join Date: Jun 2015
Location: Croatia
Boat: Elan 45 impression
Posts: 1,126
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Re: Buying in Italy - legal advice experiences?
Quote:
Originally Posted by Sailaway2021
Thanks for replying so quickly, but I don't think you understand the question, I am fully aware of how to register a boat in my home country.
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buying boat in Italy process is cumbersome , I suggest hire search in google agenzia pratiche nautiche (name town where is boat register)
also hire an Italian reputable surveyor he can help you with very complicated rout in Italy,because Capitaneria di Porto where is boat register can be veryyyyyyyyyyyyyyyyyyyy slow to cancel the vessel from the Italian registry.
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