Buying a boat in Holland

[Lizzy Belle]

Originally Posted by Stag71

Hello Lizzy Belle,
can you tell me if there are public records for Kadaster that may be viewed online? or do you have to contact them direct?

You can order an "uittreksel" - an official email or paper document.
You'll need the brand mark number and any info on the boat (name, model, make, year etc) + owner info (name, address).

This document will tell you if there's a lean on the boat (mortgage) or if there's a report of seizure on it.

You can order using this link, costs are listed on the page.

[Tilikum]

I think the most important piece of paper is the evidence that BTW (Value Added Tax) is payed for the boat. Usually customs provide proof for that - unless the boat is built before 1987. You need that paper if you want to register the boat in Germany, or else you could be in for a BTW taxation of 21%. The present owner should have that paper.
I recently sold a boat to a German. Not many problems there - just draw up a contract.
Chris

[Lizzy Belle]

The boat the OP is considering is from 1977, so no VAT issues.

[picklesandjesse]

Interesting thread !! I bought a boat in The Netherlands 2 months ago. I'm from Australia and it was not worth the expense of going over there. An old Contessa 28. Very little paperwork needed..... at least so far!! Did it through a reputable broker but still a risk. The boat had been upgraded by the present owner for the last 17 years so I took a risk and had no survey either!!He's going to meet us at the Eindhoven rail station when we arrive and introduce us to the boat. Might be interesting to see what we've bought. I'm used to building and repairing wooden boats so I hope I'm correct in thinking it can't be all that bad. Time will tell, still a few weeks away.

[Lizzy Belle]

Originally Posted by picklesandjesse

Did it through a reputable broker

Wow, I didn't know we had any

[picklesandjesse]

OK !!! maybe not. I thought The Netherlands was not like Australia. Maybe he really doesn't exist and the boat is not there too. So I won't have to worry about maintenance.

[Stu Jackson]

Good luck with your purchase.

You might want to consider doing a Google search on SEQUITAR. They sailed their Hunter 49 around Cape Horn, sold it in Florida and bought a barge in the Netherlands. Worth reading their story at any rate, it's well written.

[Bor the Wolf]

What a load of half truths in this thread. Just a few examples: VAT in Germany is not 21%. EEC does not exist anymore. Pleasure craft, as a rule of thumb, are not registered. Just pay and take the boat.

There are two things that I did while buying a boat in Holland:

First of all make an appointment with a professional surveyor for a purchase report. This is not a full survey but a simplified and cheaper survey. It takes about 4 hours and it will set you back a few hundred Euro but they look in to every crevice and they deliver a multi page report about the boat. Also they will check the paperwork. Make sure you are present during the survey to ask questions and listen to some sound advice. When I did it the seller was also present. It made him offer to fix a number of things the surveyor discovered. You could say it helped the negotiations. It was *the* best money I spent when I bought mu boat. After three years I still use the report to fix minor things the surveyor discovered.

Since you are buying in Holland Dutch Law applies. That means you need a sound Dutch purchase contract. A sample contract can be downloaded from the ANWB (Dutch tourist club) web-site. (Use Google translate). Then use your surveyors report to modify the standard contract, agree with the seller what he is going to fix before delivery and what flaws you will accept. Agree on a delivery date and sign the contract. Let the seller sign it and give him a copy so he knows what he promised to fix. (Pay him after it is done).

As for the Kadaster and VAT, the surveyor will tell you what is going on but my bet is that these are none-issues. They never are unless you buy a realy, realy, big ship.

All this takes time but a small down payment may help sweeten the deal and secure the boat while it is being surveyed. At the same time it will still allow you to pull out of the deal and loose no more than the down payment.

Here is a good starting point to locate a reliable surveyor. Look for one near the boat to minimize travel cost. Professional certified and registered EMCI maritime practitioners - EMCI register

[valhalla360]

Originally Posted by Lizzy Belle

The boat the OP is considering is from 1977, so no VAT issues.

PROBABLY no VAT issues. If the boat left the EU at some point after VAT was instituted then brought back in, there are rules that could require VAT. Unlikely but possible.

As far as communications, Google Translate is a great benefit. It's not perfect but write your email in google transate and then cut and past the translated version. I usually cut and paste the original English and the translated version.

[Bor the Wolf]

Here is another good source to find a surveyor: Professional certified and registered ADR practitioners - ADR register

[crankysailor]

So I am further down the road on the buying process and did put an offer pending inspection and sea trial on the little boat. I used the AWNB contract (in dutch) which you can find here:

http://www.anwbwatersport.nl/assets/...rtuig_2010.pdf

Now in my case, I thought it would make sense if we signed an additional copy in German, which should facilitate registration for us later. The AWNB does have a copy of the contract in German but quite honestly it is not very user friendly and does have some translation errors. So I created a new version in german that follows the dutch version more closely and used that instead. I thought I would share that with you folks, in case it might help others that might find themselves in the same situation (buying a boat in the Netherlands to bring to Germany). See pdf attached.

Now, standard disclaimer: I AM NOT A LAWYER AND THIS DOES NOT CONSTITUTE ANY LEGAL ADVICE AND NO GUARANTEE IS PROVIDED THAT THIS IS A SOUND LEGAL CONTRACT. I AM PROVIDING THIS AS IS AND IF YOU ARE STUPID ENOUGH TO USE SOME CONTRACT YOU FIND ON THE INTERNET WITHOUT CONSULTING A LAWYER IT IS YOUR OWN FAULT AND YOURS ALONE IF YOU INCUR ANY DAMAGES RESULTING FROM DOING SO.

[damir s]

Very important!!!
You must receive confirmation that the ship is not burdened by any debts to third parties.

In duch

Deze boot is geheel schulden vrij.

[Lizzy Belle]

Originally Posted by damir s

Deze boot is geheel schulden vrij.

Saying it doesn't make it true

As discussed earlier in this thread, this needs to be confirmed with the kadaster if the boat is registered there. If it isn't, there is no lean / mortgage etc. on it.

[crankysailor]

Of course it would help if I actually attached the file as intended

Kaufvertrag-Deutsch.pdf

And once again, do read the disclaimer before you lose everything you have and the boat you buy sinks the moment you sail it out for the first time and the federales bust you for buying a stolen vessel ;-) ..