Buying a boat in Spain - lawyer needed?

[Cara Bella]

Hello, We have spent 2 years looking for a boat and finally decided to buy one we have seen in Spain. We have inspected and happy with what we see. It is Spanish-owned, but Belgian registered, which we are told is common? VAT paid. The documents are in Spanish. The vendor is using a small broker. We would prefer to use an independent escrow account as it is a substantial amount of money. We are English speakers, unfamiliar with Spanish Law, and aware of caveat emptor. We would prefer to engage a Spanish lawyer to inspect the documents, and use his escrow account. Any recommendations for a lawyer? Thanks

[BM2023]

We work very closely together with Guiral Asesoría Náutica, a gestoria in Barcelona specialised in maritime matters. Guiral Asesoría Náutica will be able to get you in contact with a specialised maritime lawyer with whom they cooperate with.

Best would be that you get in contact with Cristina Pauli. Her contact details are as follows :

Guiral Asesoría Náutica
Av. Mistral 10 ESC D 1º b
Barcelona, Spain
Mobile : 00-34-629 54 57 94
Mail : cristina@guiralnautica.com

[paulnorkett]

Definitely use a Spanish lawyer. I bought an Italian registered boat in Spain without using a lawyer. Five years later I was notified that I need to pay a form of purchase tax. I am a Spanish resident UK national. Even with a good lawyer it still cost me Euro11000 on a purchase price of Euro30000. I thought as the boat was over 40 years old it was not applicable. The tax people wanted to base the tax rate on the original price with no allowance for age. It was negotiated down

[Seadevil]

Originally Posted by Cara Bella

Hello, We have spent 2 years looking for a boat and finally decided to buy one we have seen in Spain. We have inspected and happy with what we see. It is Spanish-owned, but Belgian registered, which we are told is common? VAT paid. The documents are in Spanish. The vendor is using a small broker. We would prefer to use an independent escrow account as it is a substantial amount of money. We are English speakers, unfamiliar with Spanish Law, and aware of caveat emptor. We would prefer to engage a Spanish lawyer to inspect the documents, and use his escrow account. Any recommendations for a lawyer? Thanks

I live in Spain and think you should take advice and with small brokers take care of your money. It is true Belgium registration is fairly common. You are going to have to re flag re register the boat. Might be possible UK Part 1 if if Brexit happens.

Another very reputable lawyer in Barcelona who specialises in boat is
Alex Chumillas
Tax Marine
Marina Port Vell
C/Escar, 18
08039 Barcelona
+34 667 663 521
+34 932 218 201
Website: Home
Email: alex@taxmarine.com

There is some stuff about the current situation on keeping or buying a boat in Spain is SPANISH LAWS FOR BOATS

The fact the boat is Spanish owned is good. The fact it is Belgium registered is bad as it could be liable for the 12% matriculation tax which is imposable on any boat brought into the country by a resident... ask the layer.
fair winds

[AndrewA2]

Im in a similar situation.

Looking at a Spanish registered vessel currently owned by the Spanish charter company, so TAX Unpaid status.
My goal would be to purchase via my business and re register in Jersey.
As my business is overseas (not EU) i understand I would not pay VAT, nor any other TAX within the EU. (and move out pretty quickly)
I understand I would need to get the official registration documents from the Registrador de bienes muebles which will show any liens etc on the boat.
Also it will need to be de-registered with the Spanish boat registry.
A material survey, to determine any issues, verify condition of the vessel
once all that is done i would need a bill of sale and 5 years of them, tonnage survery and all corresponding paperwork completed for Jersey registration.

Ideally complete the transaction in Gibraltar so i could re-enter EU fresh with travel permit for the vessel.

Is there anything I am missing ? or that I have wrong ?

Oh - and i understand that with boat transactions and Spanish law, the vessel has a guarantee of min 6 months, max 2 years where if you find something wrong that was not disclosed you can ask for some money off the sale price, or a full return/refund. Can anyone add that that ?