LEGAL ASSESSMENT

Plan Signing, Payment and Delivery Together

In yacht transactions, the contract, ownership and registry, customs, tax, insurance and operating conditions are assessed together. The boat’s flag, its location, its registration regime and whether it is used privately or commercially change the route to be followed.

Güneş & Güneş Law Firm provides legal services in the transactions and disputes of buyers, sellers, yacht owners, operators, shipyards, marinas and financing parties. The review of the contract and the registry records is carried out, where necessary, together with the work of independent technical experts.

Before earnest money (kapora) or the purchase price is paid, the seller’s authority, the chain of title, existing debts and the transfer conditions must be reviewed. A legal review does not replace a sea trial and a technical survey; their results are reflected in the contract, payment and delivery plan.

SCOPE OF SERVICES

Our Services in Yacht and Boat Law

Review the heading that fits your needs. The matters to be undertaken are determined by assessing the transactions, the documents and the conditions of the file.

Sales, Purchases and Legal Review

Identifying ownership, debt and contract risks before payment and delivery.

Review of the identity of the seller and the buyer, and of their authority of representation and authority to dispose
Checking the chain of title, the registry or port-of-registry book (bağlama kütüğü) records and the deregistration documents
Investigating ship mortgages, attachments, precautionary attachments, pledges, encumbrances and third-party rights
Transaction-specific review of the beneficial owner, know-your-customer checks, the chain of representation and applicable national or international sanctions restrictions
Investigating unpaid marina, crew, salvage and repair claims; separately assessing which claims give rise to a statutory maritime lien
Legal review of the documents relating to customs, import, tax, VAT and usage status
Sale, earnest money and deposit terms; coordination of a conditional payment or escrow arrangement with the institution concerned; preparation of the delivery and closing documents
Drafting the bill of sale, the builder’s certificate, the protocol of acceptance and delivery, and the closing documents that support the transfer of ownership
Reflecting the results of the marine survey, sea trial, expert appraisal and technical review in the contract and the closing conditions

Construction, Refit and Repair

Fixing the scope of work, the delivery criteria and changes in the contract.

Legally structuring yacht construction contracts and technical specifications
Review of project, design, classification, conformity and intellectual property arrangements
Arranging progress payments (hakediş) and payment schedules, change orders, delay, contractual penalty and security mechanisms
Preparing the provisions on inspection, sea trial, acceptance, delivery, warranty and defects
Managing disputes with shipyards, contractors, subcontractors, designers and equipment suppliers
Pursuing claims for receivables, defects, delay and loss arising from refit, maintenance, boatyard (çekek), winter storage and repair work

Registry, Flag and Port-of-Registry Book

Planning registration, transfer and deregistration transactions that suit the boat’s status.

Determining the registry or registration system that can apply according to the nature of the yacht
Legal handling of first registration, change of ownership, transfer, deregistration and deregistration from a foreign registry
Transactions relating to the creation, amendment and removal of a ship mortgage
Legal assessment of the right to fly a flag, and of the ownership and operating structure
Reviewing inconsistencies among the boat license (ruhsatname), the measurement or tonnage certificates and the registry records
Handling transactions before the relevant harbor master’s office (liman başkanlığı), the registry, the port-of-registry book, notaries and other competent authorities

Foreign-Flagged Yachts

Reviewing entry, stay and use together with the flag and customs regime.

Legal assessment of entry into and exit from Türkiye, the navigation permit (seyir izin belgesi) and port transactions
File-specific review of temporary import, customs status, authority of use and time periods
Winter storage, maintenance and repair processes of foreign-flagged yachts in Türkiye
Assessing the consequences that may arise from the sale or lease of the yacht, its use in commercial activity or a change in the manner of use
Planning the translation, certification and apostille processes for foreign registry, company, ownership and representation documents

Charter and Yacht Operation

Establishing the contract, permit and liability arrangement that suits the rental model.

Preparing and reviewing crewed or bareboat yacht charter contracts
Regulating the provisions on delivery and redelivery, rental fee, security deposit, advance, cancellation, route, limits of use and damage
Determining the commission and liability relationships among the charter broker, the central agent, the manager and the yacht owner
Reviewing commercial activity in terms of the flag, cabotage, the tourism operating certificate (turizm işletme belgesi), insurance and port rules
Resolving disputes over charter cancellation, defective service, damage, injury to passengers or guests and refund of fees

Yacht Management and Crew

Defining the duties and obligations of the owner, the manager and the crew.

Preparing yacht management contracts and defining the limits of duties
Regulating budget, maintenance, supply, operation, record-keeping and regulatory compliance obligations
Assessing disputes over captain and crew employment contracts, pay, leave, social security and termination
Reviewing the work and residence status of foreign crew under the relevant legislation
Determining the national and international rules that may apply according to the yacht’s flag, purpose of use, tonnage and area of navigation

Marina, Berthing and Boatyard

Reviewing the debts and liabilities in berthing, maintenance and custody relationships.

Preparing or reviewing marina and berthing contracts
Assessing the provisions on the berth, fees, services, electricity and water use, security, relocation and termination of the contract
Disputes arising from hauling out, launching, boatyard, storage and winter storage services
Allegations of damage, loss and service fault occurring at the marina or boatyard
Enforcement and court proceedings relating to unpaid fees, the abandonment of the boat and the safekeeping of movable property

Financing and Security

Arranging the payment, credit and security structure in line with the transfer schedule.

Preparing or reviewing yacht loan, financial leasing and private financing agreements
Arranging security such as ship mortgages, guarantee agreements, suretyship, assignment of receivables and account pledges according to the structure of the transaction
Following the conditions precedent to loan drawdown, the closing documents and the creation of the security in the registry
Default, restructuring of debt, realization of the security and deregistration transactions

Insurance and Marine Accidents

Assessing policy coverage, damage documents and claims against responsible parties.

Reviewing hull and machinery, liability, crew, passenger and charter insurance
Assessing policy coverage, exclusions, area of navigation, notification and aggravation-of-risk provisions
Management of the legal process in cases of collision, grounding, fire, flooding, equipment failure, injury, death and pollution
Legal assessment of damage notices, preservation of evidence, and survey and expert reports
Pursuing total or partial loss, salvage, general average and recourse claims to the extent applicable
Liability disputes among the insurance company, the insured, the operator, the marina, the shipyard and third parties

Precautionary Attachment and Enforcement

Determining the protection, objection and collection route that suit the nature of the claim.

Assessing the nature of the maritime claim and the conditions for precautionary attachment
Handling requests for precautionary attachment of a yacht and seizure and custody measures
Lifting of a precautionary attachment, provision of security and objection processes
Examining separately the claims arising from a maritime lien, a ship mortgage and, where its conditions are met, a right of retention
Enforcement with or without a judgment, realization of the pledge, valuation, auction and distribution of the sale proceeds
Planning registry, delivery, deregistration and new registration transactions when a yacht is acquired at an enforcement auction

International Disputes

Handling the links among country, law and authority together until the decision is enforced.

Determining the applicable law, the competent court and arbitration terms
Recognition, enforcement and execution in Türkiye of foreign court judgments or arbitral awards
International arbitration, mediation and contract-based negotiation processes
Coordination with competent legal professionals and service providers in the relevant country for registry, port or court transactions abroad
Managing contract, insurance, technical review and evidence processes together in multi-party disputes

BEFORE YOU DECIDE

Legal Distinctions That Change the Route of the Transaction

For the same boat, the rules on ownership, flag, use and claims answer different questions. The review is carried out without mixing these headings.

Not Every Yacht Is a Merchant Ship

Private use and an enterprise aimed at earning income are not subject to the same legal regime. Some maritime commerce provisions of the Turkish Commercial Code (TTK) also apply to yachts used only for leisure or sport. The specific nature of the contract and of the boat is determined separately.

Payment, Delivery and Ownership Are Different

Signing a sale contract or paying the price does not mean that all conditions for the transfer have been completed. For ships registered in the Turkish ship registry, the conditions in Article 1001 of the TTK are taken into account: a written agreement, signature certification or the transaction before the registry directorate, and the transfer of possession. The transfer procedures of the port-of-registry book and of foreign registries are examined separately.

A Registry Entry and a Navigation Permit Are Different

The ship registry, the port-of-registry book, the flag certificate and the navigation permit do not serve the same function. A transit log is not a document of title. Deregistration from a foreign registry does not by itself cause a registration to arise in Türkiye. The deletion of the old record, the removal of the mortgage, the new registration, insurance and the ability to sail are planned together.

Being in Türkiye Does Not Give Charter Permission

The entry, stay, right of use, maintenance and repair, sale and commercial operation of a foreign-flagged yacht are assessed separately. The authorized user, customs status, winter storage location, cabotage and tourism permits are reviewed. It cannot be assumed that every foreign-flagged yacht in Türkiye can freely be chartered or made available to third parties.

A Maritime Claim Differs From a Statutory Lien

Not all of the maritime claims in Article 1352 of the TTK give rise to the maritime lien listed in Article 1320. Marina and repair fees do not automatically create a privileged statutory lien merely under those names. A mortgage, a maritime lien and a right of retention are subject to separate conditions; a clean registry record alone does not exclude all debt risks.

Attachment and Sale Do Not Operate Automatically

In a precautionary attachment, the type of claim, the location of the boat, jurisdiction, security and the subsequent time limits are examined. For the owner or operator, the options of objection and release against security are assessed. The conditions of a forced sale, the valuation and the distribution are conducted separately; the existence of a debt does not by itself give authority to hold or sell the boat.

DETAILS OF THE TRANSACTION

Critical Points in the Contract and in Practice

Which Records Are Reviewed Before a Purchase?

In a yacht purchase, the legal history matters as much as the visible technical condition. That a registry record looks clean may not mean that there are no claims that could arise outside the registry. The review is scoped according to the yacht’s flag, registration system, the country where it is located, its purpose of use and the transaction documents.

Whether the seller is the actual owner, and the seller’s authority to sell
Authority of representation and the necessary company resolutions in sales made on behalf of a company
Previous sales, construction documents and gaps in the chain of title
The registry record, the port-of-registry book, the flag certificate and deregistration certificates
Mortgages, attachments, precautionary attachments, pledges and third-party claims
Unpaid marina, maintenance, repair, crew, salvage and financing debts
Customs and import status and tax-related documents
The yacht’s history of private or commercial use and the necessary activity documents
Information on the owner, the operator and the beneficial owner, and the applicable know-your-customer and sanctions checks
Insurance policies, claims history and pending compensation claims
Hull and engine numbers, technical certificates, CE conformity and post-production assessment documents
The effect on the contract of the survey, sea trial, valuation and equipment inventory
Broker commission, escrow terms, and delivery and closing documents

The matters identified in the review are assessed together with the client in terms of continuing with the transaction, requesting additional documents or security, renegotiating the price or the contract provisions, or withdrawing from the transaction.

Contract Management in a Construction and Refit Project

In yacht construction and refit projects, the technical specification, the payment schedule and the delivery date are not independent of one another. The contract must clearly regulate who will prepare the project, how technical changes will be approved, class or flag requirements, material and equipment standards, the consequences of delay and the acceptance criteria.

Binding the design and the technical specification into the contract
Intellectual property rights in projects, drawings, software and designs
Inspection and reporting powers during the construction process
Progress payments, payment security, and refund or performance security
The effect of change orders and additional work on time and price
Delay, force majeure, contractual penalty and termination provisions
Sea trial, technical acceptance, the list of outstanding work and delivery conditions
Defects, latent defects, warranty, spare parts and after-sales support
Receivable and security claims of the shipyard, contractors and suppliers

When a decision is needed on technical conformity, reports obtained from independent experts are linked to the legal file; a law firm does not take the place of a technical survey or valuation body.

Costs and Liability in a Charter Contract

In a charter contract, the manner of use of the yacht, the delivery and redelivery port, the area of navigation, the number of passengers, the captain and crew, fuel and provisioning costs, the security deposit, the advance, cancellation and route changes must be clearly set out. It must also be checked separately that the yacht has the documents, insurance and safety equipment suited to commercial activity.

Disputes mostly arise from defects at delivery, the service standard, cancellation, weather conditions, route changes, damage, deductions from the deposit, commission, injury to guests and breach of the limits of use. Establishing the notice and evidence mechanism in the contract in advance makes proof easier during a dispute.

Marina Contract and Unpaid Fees

Marina contracts may not consist merely of the allocation of a berth; they may cover many relationships such as security, maintenance, electricity and water, hauling out, boatyard services, storage, subcontractor services and the relocation of the yacht. The marina’s limits of liability, its insurance obligation, the consequences of late fees, termination of the contract and claims over the yacht must be assessed clearly.

Where the boat has been abandoned for a long time, the berthing fees have not been paid or the owner cannot be reached, the methods the marina may apply are also determined within the framework of the law, the contract and the circumstances of the specific case; no general authority to sell or use the yacht directly can be assumed.

Insurance and Evidence After Damage

After a marine accident, safety of life and the notifications that must be made to the competent authorities come first. The insurance notice is assessed together with log records, photographs and video, port or coast guard records, witness information and survey reports. Urgent safety measures are not delayed; before repair or relocation, the preservation of evidence and the insurer’s opportunity to inspect are planned.

In an insurance dispute, not only the amount of the damage but also whether the risk falls within the coverage, the policy exclusions, the area of navigation, the conditions on the captain and crew, the purpose of use, and the premium and notification obligations are examined. Where the damage arises from the act of a third party, the insurance compensation and recourse claims may be assessed together.

OUR APPROACH

From the Start of the Transaction to the Resolution of the Dispute

Work can begin at the stage of pre-purchase planning, legal and technical review, contract and closing, registration and operation, or an already arisen dispute. First the current situation and upcoming dates are identified; the scope of the work, the likely routes and the costs are explained.

Links to contract, maritime commerce, insurance, enforcement, customs, tax and employment law are handled in the same file plan. Where necessary, coordination is established with surveyors, yacht or ship engineers, classification societies, valuation experts, insurance advisers, financial advisers (mali müşavir), customs brokers (gümrük müşaviri) and legal professionals competent in the relevant country.

Defining the initial legal framework
The parties, the location of the yacht, the flag and registry, private or commercial use, the contracts, the request and time pressure are identified.
Document and risk review
Ownership, registry, contract, insurance, customs, tax, license and technical documents are reviewed. A research plan is prepared for missing documents and third-party rights.
Legal roadmap
The closing conditions of the transaction, contract negotiation, administrative application, interim legal protection, mediation, litigation, arbitration or enforcement options are assessed according to the specific file.
Technical and international coordination
Where necessary, coordination is established with marine surveyors, ship or yacht engineers, classification societies, valuation experts, insurance advisers, financial advisers, customs brokers and legal professionals competent in a foreign country.
Implementation and reporting
The agreed steps are carried out; significant developments, documents and risks are communicated to the client in an understandable way.

PREPARING FOR THE FIRST CONSULTATION

Information and Documents for the First Consultation

A short summary of the facts is sufficient in the first application. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

A short summary of the transaction or dispute; your capacity as buyer, seller, owner, operator or another party
The flag and type of registration, the location of the boat, private or commercial use, and the countries of the parties
Upcoming dates for signing, payment, delivery, notice, service of documents or a voyage; the existing contract, if any
Your request and the stage the discussions with the other side have reached; it is not mandatory to share the name of the yacht in the first contact

What may be requested depending on the file

Offer letter, letter of intent, sale, charter, construction, refit, marina or management contract
A current registry extract, the boat license issued from the port-of-registry book, the flag certificate and, if any, the deregistration certificate
Previous bills of sale, the builder’s certificate, and delivery and acceptance protocols
Documents on ship mortgages, financing, security and the repayment of debt
Records showing customs, import, tax and usage status
The insurance policy, damage notices, and expert or survey reports
Technical certificates, inventory, maintenance and repair records and sea trial reports
Current documents showing the authority of representation and signature of corporate parties

Foreign Registry and Company Documents

Foreign registry records, the bill of sale, the deregistration certificate and the company’s authority of representation are assessed in terms of the country in which the document was issued and the transaction to be carried out in Türkiye. The same certification route does not apply to every document; apostille or consular certification, translation and currency requirements are determined according to the document and the authority. Service of documents abroad and the enforceability of a decision are also included in the file plan.

Confidentiality of Your Information

The information and documents you share are used, within the framework of attorney professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Please do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our firm will communicate.

Confidentiality and information security statement

REPRESENTATION AND COMMUNICATION

Legal Services Based in Antalya, Connected Across Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and with an institutional history of more than 27 years, has carried on its activity since 2007 from its physical headquarters in Antalya. Advice, registration, litigation and the enforcement of decisions in all 81 provinces of Türkiye are planned with regard to subject-matter and territorial jurisdiction, maritime specialization, on-site examination and representation conditions.

Communication is possible in Turkish, English, German and Russian with Turkish citizens living abroad and with foreign yacht owners and operators. Online consultation and secure document sharing can be used; if a transaction or representation is needed in another country, coordination with a competent professional in that country is arranged separately.

Scope and fee

The matters to be undertaken, the necessary powers of attorney and representation documents, the attorney’s fee and possible external service costs are explained in advance. Technical experts and foreign-country transactions are planned separately according to the needs of the file.

Time limits and information

Delivery, notice, application and litigation dates are determined according to the file. Significant developments, missing documents and risks are shared in an understandable way. For urgent marine accident notifications or transaction time limits, do not wait for a reply to a general communication.

File-specific assessment

This page is general information; it does not constitute a commitment as to results or a legal opinion tailored to the individual. The flag, registry, technical characteristics, purpose of use, parties and the current legislation to be applied affect the outcome.

FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions Before a Transaction

The answers are general information. The route and conditions that apply to your request are assessed on the basis of the specific information and documents.

Does the seller’s “as is” clause remove all claims for defects?

Not in every case. The applicable law, what the seller knew and declared, the concealment of the defect, the buyer’s inspection and the nature of the contract are assessed together. Clauses that remove liability where the seller is grossly at fault in transferring defective property are reviewed separately under Article 221 of the Turkish Code of Obligations (TBK); mandatory protections are also taken into account in consumer transactions.

If the survey turns out negative after earnest money has been paid, can the money be recovered?

An automatic refund rule cannot be assumed. The legal nature of the payment and the survey, sea trial, acceptance, rectification, termination and notice terms in the contract are examined. What right the review gives rise to on which finding, and when the payment will be released, must be set out in writing before payment.

Is buying the shares of the company that owns the yacht, instead of the yacht itself, the same transaction?

It is not the same. In a share transfer, besides the boat, the company’s debts, contracts, representation structure, tax position and beneficial owner are also subject to review. The effect of the change of control on financing, insurance, registry and permits is also investigated separately.

In which country and in what form should the sale contract be made?

The registry of the boat, its location, the parties and the nature of the right transferred are decisive. Writing a choice of law into the contract does not set aside all the form and registry requirements of the transfer of ownership. A separate closing plan is prepared for transactions in the Turkish registry, the port-of-registry book and foreign records.

Are a crewed charter and a bareboat charter the same contract?

The decision is not made on the name of the contract alone. The possession of the boat, its technical and commercial management, the responsibility of the captain and crew, and the service undertaken are examined. The application of the provisions of lease, service, carriage or mixed contracts is assessed together with tourism legislation and the consumer nature of the transaction.

If weather conditions change, is the charter fee always refunded?

Not every route change or bout of bad weather automatically gives rise to a full refund. Safety requirements, the cancellation and alternative service terms in the contract, the possibility of performance, the fault of the parties and the applicable mandatory provisions are examined. The time of the event, the captain’s notices and the alternatives offered should be recorded.

Are a charter deposit and an advance for operating expenses the same thing?

They are not taken for the same purpose. The terms of use and accounting for the deposit that secures damage or contractual obligations and for the advance taken for fuel, provisions and port expenses must be written separately. The scope of the advance known as APA, its documents, additional payments and the refund of any balance are determined according to the contract.

Is there a single fixed period of stay and use in Türkiye for a foreign-flagged yacht?

The possibility of stay under tourism legislation, the customs regime, the navigation permit and the person’s authority of use are not subject to the same conditions. No transaction should be carried out on the basis of a single period without examining the yacht’s private or commercial status, its entry documents, its owner and the actual manner of use.

Is the entire crew of a yacht subject to the Maritime Labor Law (Deniz İş Kanunu)?

This result does not follow in every file. The Turkish or foreign flag, the tonnage, the ships of the same employer and the number of seafarers employed, the service relationship and links with foreign law are assessed. For foreign personnel, work and residence permits are examined separately.

Can I have the damage repaired before the insurer has paid?

Measures necessary for the safety of life and property take priority. Before other steps, the notification and inspection conditions in the policy, the documentation of the damage and the insurer’s access to the evidence should be assessed. The decision on repair is made by taking into account the duty to mitigate loss together with the conditions of proof and security.

If the boat has been sold, do all earlier debts come to an end?

A change of ownership does not automatically extinguish all debts and rights in rem. Whether the debt is personal in nature, whether there is a mortgage or a maritime lien, and whether the sale is a private sale or a forced sale are examined. The seller’s declaration of no debt may not be sufficient on its own against the rights of third parties.

Can I start the process while living outside Türkiye?

The initial assessment can be made through an online consultation and secure document sharing. The form of the power of attorney, special authority, certification and translation requirements are determined according to the transaction to be carried out. It is not assumed that every transaction can be concluded entirely remotely, or that representation in another country is automatically possible with a Turkish power of attorney.

RELATED SERVICES AND LEGAL BASIS

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Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. The source review does not replace a legal opinion tailored to the individual.

NEXT STEP

Let’s Assess Your Yacht or Boat Transaction

Please share your request, a brief summary of the facts and, if any, an upcoming transaction date. In the first consultation, which documents will be reviewed and which legal routes will be assessed are clarified.

Subject of the application: Yacht and Boat Law

Request a Meeting Request an Appointment

First response: within 48 hours at the latest. This period is not the time in which the legal review will be completed or the matter concluded.

Sending an application does not mean that an attorney–client relationship has been established or that following up the file and its time limits has been undertaken. The consultation fee is communicated in advance.

Yacht and Boat Law