⚓ Commercial Warranty & Legal Guarantee when buying a yacht – legal clarity for private & commercial owners

Buying a yacht is associated with high investments and expectations – regardless of whether it is used privately or commercially (e.g. for charter). This makes it all the more important to know your rights in the event of defects or non-performance. A legally sound contractual situation and the correct distinction between warranty and guarantee can be decisive in the event of a dispute – both for new builds and used yachts.

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🛥️ Legal Guarantee – statutory, but limited

The statutory Legal Guarantee (Gewährleistung) obliges the seller to be responsible for material defects that already existed at the time of handover – regardless of whether the buyer uses the yacht privately or commercially.

Key points:

• For private use: Warranty period for new yachts generally 2 years; may be reduced to 1 year for second-hand purchases.
• For commercial use (B2B): Warranty can be excluded or limited extensively by contract – stricter standards and less buyer protection often apply here.
• Within the first 12 months, a reversal of the burden of proof applies in Germany: the seller must prove that the defect did not exist at the time of delivery.

⚠️ In the case of commercially used yachts (e.g. in the charter fleet), extended inspection obligations and less protection against defects are often assumed. Professional contract drafting is particularly critical here.

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🛡️ Commercial Warranty (Garantie) – voluntary, but often misunderstood

A Commercial Warranty is not a legal obligation, but a voluntary promise, usually given by the manufacturer. It can – e.g. for engines, electronics or hulls – include services that go beyond the warranty.

Important for buyers:

• Commercial Warranty conditions are individual and often limited – e.g. to certain components or excluded for commercial use.
• In practice, guarantees are often confused with warranties – in the event of damage, this can lead to the loss of claims.

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⚠️ Typical pitfalls when buying a yacht

• Standard contracts without protective effect – e.g. for used boats abroad.
• Legal Guarantee excluded in B2B contracts – especially with charter companies.
• Insufficient documentation – e.g. handover protocols, inspections, maintenance history.
• Commercial Warranty expiry due to unauthorised use – e.g. commercial use with private registration.

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✅ Our full legal service

We provide you with sound legal advice – before, during and after the purchase:

• Review and drafting of purchase agreements (incl. specific clauses for commercial use)
• Assistance with handover, protocols and acceptance
• Support with notices of defects, guarantee and warranty claims
• Representation vis-à-vis shipyards, dealers or manufacturers – also internationally

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📞 Get in touch with us

Legally strong – for buyers, operators and charter fleets:

✆ Phone: +49 – 69 / 663 779 0
✉ E-Mail: mail@der-yacht-anwalt.de

The Yacht Attorney® – your specialist for warranty law and warranty issues in the yacht sector.
Whether private or commercial – we protect your rights.

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