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Buying a new boat: contract, deposit, late delivery and handover

With a new boat, many months can pass between signing and the first trip. By then you have usually paid a deposit, the yard is building and the dealer has promised a date. Before buying a new boat, it pays to know what the contract must say, how to protect your money and what you can do if delivery runs late.

This page follows the purchase in the order the questions come up: contract, deposit, late delivery, the handover with a written report, and the papers every new boat sold in the EU must come with.

The key points

Insist on a fixed delivery date in the contract. Wording such as "expected" or "approximately" leaves the seller room for delays.
A deposit is an advance on a boat you do not yet own. Keep it small or ask for a bank guarantee.
If delivery is late, give the seller a final deadline in writing. If it passes, you can usually withdraw and reclaim your deposit.
Check everything at handover and note defects in the report. From that moment the risk is yours, so arrange insurance beforehand.

What belongs in the contract

New boats are often specified to your wishes or even built to order. Everything that matters should be in writing, not just agreed in conversation at a boat show:

Builder, model, engine and every option listed individually, ideally with the specification attached.
Total price including VAT, plus delivery, launching, commissioning and trailer if agreed.
Delivery date and place, with a calendar date wherever possible.
Payment schedule: deposit, stage payments and what security you get for each.
Papers handed over at delivery: declaration of conformity, owner's manual, warranty documents, invoice showing the hull number.

Protecting your deposit

A deposit means you pay before you receive anything. You normally become the owner only at handover, and if the seller has reserved ownership until full payment, only with the last instalment. If the yard or dealer becomes insolvent first, your deposit is usually just a claim in the insolvency proceedings, and often only a fraction is ever paid out.

Ways to reduce that risk:

Keep the deposit small and pay the bulk at handover.
Ask for an advance payment guarantee from a bank, so the bank repays your deposit if the boat is not delivered.
For a long build, pay stage payments only against proof of progress, such as photos and the build number once the hull is finished.
For large sums, have the contract reviewed by a lawyer before you sign.

When delivery runs late

Across Europe, the usual sequence is the same: if the agreed date passes, remind the seller in writing, then set a reasonable final deadline and state that you will withdraw if it is missed. If the boat still does not arrive, you can generally withdraw from the contract and reclaim your deposit. Check first whether your contract sets its own periods.

Under German law, a fixed calendar date puts the seller in default as soon as it passes, without any reminder (section 286 BGB). With a vague date, your written reminder starts the default. After a reasonable final deadline has expired without delivery, you can withdraw from the contract (section 323 BGB), regardless of whether the seller was at fault. Damages for the delay additionally require that the seller is responsible for it.

Handover with a written report

Handover day is the most important day of the purchase. In most countries, the risk of loss or damage passes to you at that moment, and the period for defect claims starts. Take your time and work through a list:

Compare the equipment item by item with the contract, including accessories and safety gear.
Inspect hull, deck and gelcoat in good light, including the underwater hull while the boat is still on the trailer or in the slings.
Have engine, electrics, pumps, instruments and windlass demonstrated, and note the engine hours.
Go for a sea trial and check steering, gear shift and cooling water.
Write anything missing or faulty into the handover report, have both parties sign it and record a deadline for the remaining work.

If a defect shows up later, see our page defects after buying a boat and use the sample defect letter.

Papers that come with a new boat

Recreational craft with a hull length of 2.5 to 24 metres placed on the EU market for the first time must meet the Recreational Craft Directive 2013/53/EU. Look for these at handover:

EU declaration of conformity from the manufacturer, confirming the boat meets the directive.
CE marking on the builder's plate, which also shows the design category (A to D), the maximum number of persons and the maximum load.
Owner's manual with safety information and operating instructions.
Watercraft identification number (HIN), permanently fixed to the hull. Check that it matches the invoice.
Propulsion engines are covered by the directive too and carry their own CE marking.

Ask for every document at handover and keep copies. Without them, registering or later selling the boat becomes much harder.

Insurance from handover

Once the boat is handed over, the risk is yours. Arrange boat insurance before that day so that delivery, craning and the first trip are not left uncovered. Our page buying a boat explains what to look out for, and our boat insurance page shows how to get a quote.

Something wrong? Put it in writing

Defects at handover, a yard bill above the quote, a berth you no longer need: our sample letters cover these cases, in German or English, ready to fill in and print.

Go to the sample letters

This page gives a general overview and refers to German law where stated. It is not legal advice for your individual case. Last updated: October 2026.