Spanish brokers

[Mr mastic]

Hi Forumites,

Can anyone tell me whether Spanish brokers have to offer warranties on used boat sale on mainland Spain?

Regards Gary

 

[kashurst]

I don't belive they do.

 

[jrudge]

According to this and depending on who is actually selling it ... then the SELLER not the broker has some warranty obligation.

http://www.nauticalegal.com/en/repo...rcacion-en-espana-aspectos-legales-y-fiscales

n principle, unless agreed to the contrary, when the purchase is done in Spain, guarantees and obligations of the parties are governed by the Spanish law. In many cases, when is the transaction of large yachts, the parties use to submit the contract to the English law.

In the Spanish law, new boats are warranted for a period of two years for any lack on conformity. When is a second-hand boat, the warranty period depends on the nature of the parties (especially if the seller is an entrepreneur)

In the case of a sale between non-professionals, the seller must ensure the vessel for a period of 6 months for latent defects that may arise. Are hidden or latent defects this existing before the purchase and are not easily detected and, in case buyer would know them, would failed to perform the purchase or had paid a lower price.

In this case the buyer can apply to the resolution of the operation or reduction in the price paid.

When the seller is a company, Spanish law requires that boat is guaranteed for two years, like a new one. However, being a second hand boat, the parties can agree that the guarantee is reduced to one year.

It is important to consider that the participation of a broker in the purchase does not mean always that guarantee is for two, unless the intermediary acts as a seller.

 

[Mr mastic]

Thanks for the info much appreciated.