The questions below offer a general framework on latent defects in yacht sales, foreign-flagged yachts, cargo damage and due diligence when purchasing a boat. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
What can be done if a latent defect emerges in the sale of a second-hand yacht?
Depending on whether the sale is a consumer or a commercial sale, the rights of election arising from the defect may be considered.
The engine appraisal, hull inspection, survey report, and the advertisement and the statements in the contract are important. Whether the defect existed at delivery, the notification and the statute of limitations require specific examination.
Is it sufficient for a yacht to be foreign-flagged for commercial activity in Türkiye?
No; the flag, cabotage, tourism permits and personnel rules must be assessed together.
Whether the activity is commercial or private, its route, the manner of carrying passengers, port records and the company’s authorizations are examined. Use under private yacht status and commercial charter do not require the same permits.
Who is liable for cargo damage in maritime carriage?
The contract of carriage, the bill of lading, the stage at which the damage occurred and the maritime commercial law provisions to be applied are decisive.
The condition of the cargo at delivery, stowage, packaging, weather and sea conditions, the appraisal and reservations of rights (ihtirazi kayıt) are examined. The liability of the carrier, the actual carrier and the insurer may be assessed separately.
When buying a boat, is it sufficient to look only at the registry record?
No; ownership, pledges, technical condition, tax and flag documents must also be examined.
The status in the ship registry or the mooring register (bağlama kütüğü), previous transfers, engine serial numbers, maintenance reports and the sales contract are compared. The scope of reliance on the registry differs according to the boat’s registration regime.