yacht broker commission agreement

Privacy Guaranteed - your email is never shared with anyone, opt out any time.

• YachtCloser CMS
• Contracts and Forms

Single Data Entry

Enjoy the simplicity of only having to enter data one time and all your forms and documents are populated immediately. No more filling out and printing multiple forms and contracts. With YachtCloser, you can eliminate duplicate efforts and spend more time selling boats.

Online Access

Access your forms and documents from anywhere as long as you have access to the internet. Enjoy the freedom of being able to put a deal together wherever you may be.

Document Storage

YachtCloser provides its customers with an unlimited amount of document storage. Whether you sold that boat one, two, or five years ago, you can instantly print, email, or review past documents as a PDF. When your customer calls a year later and says they need a copy of an agreement, with YachtCloser, you an supply the requested information to your client at the click of a button.

• Central Listing Agreement
• Amendment to Listing Agreement
• Material Damage Disclosure
• Guaranty of Principle
• Showing Instructions
• Showing Log
• Purchase and Sale Agreement
• Amendment to Purchase and Sale Agreement
• Trade-In Vessel Addendum
• Acceptance of Vessel
• Conditional Acceptance of Vessel
• Rejection of Vessel
• Co-Brokerage Agreement
• Escrow Agreement
• Wire Transfer Information
• Buyer Closing Statement
• Seller Closing Statement
• Bill of Sale
• Disbursement of Funds
• Insurance Waiver
• Payoff Verification
• Warranty of Title
• Dealer Agreement (New/Used Boats)

State Registration

• United States

Federal Documentation

• United States Coast Guard

Association Forms (Member Only Access)

• FYBA - Florida Yacht Brokers Association
• YBAA - Yacht Brokers Association of America
• CYBA - California Yacht Brokers Association

Products & Services

• Electronic Signatures
• R egistration Services
• F inance Services

Testimonials

Shane Faunce

Tampa yacht sales.

Owner/Broker

Sea change yacht sellers, llc.

Pat Burchard

Gold key yachts of florida.

Bonnie Edson

Aqua sol yacht sales.

Robert Stotler

Broker/principle, stotler yachts.

Michael Myers

Boston yacht sales.

Tom Whittington

Manatee pocket yacht sales.

Dave Pugsley

Vice president and general manager, brewer yacht sales.

Phone: (954) 361-1322

© 2024 YachtCloser  |  All Rights Reserved.  |   Do Not Sell My Personal Information

Home Request a Demo Contact Us Privacy Policy Terms of Use

Stay connected:

Owing Commissions to Boat Brokers

• By Raleigh P. Watson
• Updated: March 4, 2018

Unfortunately, many sellers do not closely read their brokerage listing agreements. However, there are hidden terms in all agreements that vessel owners should understand. One such term involves the legal obligation to pay a commission after a listing agreement has expired or been terminated.

Procuring Cause Doctrine

The procuring cause doctrine is a legal theory based on the principle of good faith and specifies that a broker deserves a commission if he initiates negotiations between a buyer and seller through some affirmative act, even if the sale occurs after a listing agreement is terminated. Most listing contracts used today are “exclusive right to sell agreements.” In other words, the owner gives the exclusive right and authority to one brokerage to manage the sale of their vessel. Under such an agreement, the procuring cause doctrine is typically inapplicable and normal rules of contract interpretation apply. Hence, the terms of the listing agreement govern, including when a commission is owed.

Look for the Language

Through most listing agreements, a commission must be paid to the broker even after the contract is terminated if the vessel is subsequently sold to an individual to whom the vessel was previously shown during the term of the contract. Normally, the paragraph is not clearly labeled. Sometimes it will be titled “Other Situations,” and other times it may not be identified at all. To be fair, this type of language is not restricted to yacht brokerage, and the public policy behind it makes sense. Owners should not be able to terminate a listing agreement and immediately sell a vessel to someone a broker brought to them without paying a commission.

The Terms Should Be Clear

Unfortunately, the language in most listing agreements lacks specificity and oftentimes favors the brokerage. The relative time frames should be clear, what affirmative action the broker must take to trigger that particular clause should be unambiguous, and the burden to share relevant information should be logical and fair. For example, should a broker be owed a commission if he spoke to a potential buyer one time when the boat was listed but the owner sold it to that same person six months after the listing expired without ever knowing the broker showed it to that individual in the first place? It probably depends on who you ask. That can be a tricky situation if the language is vague.

A Few Pointers

Some small adjustments in the language can make a big difference. To begin with, a seller should ensure the broker is required to “physically show” and/or “substantially present” the vessel during the term of the listing. Many agreements simply require a boat to be “submitted” or “introduced” by the brokerage. Those words are too ambiguous in this context. Secondly, the time frame should be clear and reasonable. Most listing agreements allow for six to 12 months after the listing has expired or been terminated, but anything longer is probably unfair to the owner.

Thirdly, and perhaps most important, the burden should be on the broker to provide a list of names to the owner after the contract has expired. Most listing agreements will either fail to require a list of persons to whom the vessel was physically shown or put the burden on the owner to request such a list. Ideally, the broker is required to provide the owner a list within 10 to 15 days after termination of the listing agreement. Hence, the owner should not be obligated to pay a commission to that broker on a subsequent sale if such a list is not provided. In my opinion, this is a more logical way to handle the process, and fairer to the owner and any subsequent brokers.

What Can Happen

I have personally seen situations where an owner has been caught owing a commission to two different listing brokerages. The first broker initially showed the buyer the vessel, but the listing agreement was terminated shortly thereafter. The owner listed the boat with another brokerage, which began negotiations with the same buyer a few months later and eventually sold the boat. The second broker assumed it was fine to proceed as normal because the owner never requested or provided a list of persons from the previous broker in accordance with the initial listing ­agreement. Of course, there is certainly blame to go around in that scenario, but the owner signed the contract and the terms were not in his favor.

To be clear, brokers are extremely important tools for sellers. Regardless, I strongly recommend every owner to read their listing agreement and hire a maritime transaction attorney to review the terms if it makes them feel more comfortable. It is crucial the owner and brokers understand the relevant terms so all parties are protected.

Raleigh P. Watson  is a contributing author, and a Partner at Miller Watson Maritime Attorneys.

• More: Boat Ownership , Sport Fishing Boats , The Fine Print

Free Email Newsletters

Sign up for free Marlin Group emails to receive expert big-game content along with key tournament updates and to get advanced notice of new expeditions as they’re introduced.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

By signing up you agree to receive communications from Marlin and select partners in accordance with our Privacy Policy . You may opt out of email messages/withdraw consent at any time.

Scania-Powered Viking 48: Showcasing Performance and Efficiency

Invincible 43 Open: A Game-Changer in High-Performance Fishing Boats

Ring Leader: The Life and Legacy of Randy Ringhaver

Preview of the Viking 82: A Luxurious Five-Stateroom Sportfisher

Fender Bender Wins 2024 Bermuda Billfish Blast with Record-Breaking Payout

Cape Verde Produces 2024 Blue Marlin World Cup Champion

Doc Fees Dominates in Hatteras

Trust the Process: A Transformative Ladies-Only Fishing Expedition

• Digital Edition
• Customer Service
• Privacy Policy
• Terms of Use
• Email Newsletters
• Tournaments
• Expeditions

Many products featured on this site were editorially chosen. Marlin may receive financial compensation for products purchased through this site.

Copyright © 2024 Marlin. A Bonnier LLC Company . All rights reserved. Reproduction in whole or in part without permission is prohibited.

Sign up for free Marlin Group emails to receive expert big-game content along with key tournament updates and to get advanced notice of new expeditions as they’re introduced.

Subscribe to Marlin

Subscribe now to get seven keepsake print editions of Marlin per year, along with instant access to a digital archive of past issues, all for only $29 per year.

• Bermuda Triple Crown
• Los Cabos Billfish Tournament
• Offshore World Championship
• Scrub Island Billfish Series
• Marlin Expeditions
• Guatemala – Ladies Only
• Nova Scotia
• Dominican Republic
• Galápagos Islands
• Expert Instructors
• Corporate Retreats
• Our Sponsors
• Newsletters

What Do Yacht Brokers Do? 8 Things To Expect (Selling & buying)

From buying to selling boats and enjoying life on the high seas, the exciting life of a yacht broker seems like a dream to many.

What exactly is involved in their job?

This article will highlight some of the key responsibilities of a yacht broker.

Table of Contents

The 8 Main Functions Of Yacht Brokers

A yacht broker helps to make sure that everything goes smoothly behind the scenes of buying and selling a yacht.

They do a lot to help to make sure the stress of buying or selling a yacht is less stressful and can help to speed the process up.

1) Looking at the Boat

Whether the client is purchasing a boat or selling one, the yacht broker will first need to view the vessel.

This is in order to get a good idea of the condition of the yacht. He or she will need to appraise the condition of the boat.

Another responsibility is to talk to the crew about the maintenance schedule. The yacht broker will also need to look at the ship’s papers. Having all of the right certificates in order and documents is crucial to sealing the deal.

2) Appraising the Boat

The yacht broker will also want to talk to his industry contacts to get an idea for how much the yacht is sold for.

The yacht broker has the important job of saving the seller or buyer time and pain when it comes to selling a boat.

A yacht broker can help with assessing the boat and surveying it to make sure it is in premium condition. They will attend the survey with you, or for you, if you are not able to. The broker will act as the intermediary during the process of the sale.

3) Filling Out The Paperwork

The yacht broker’s job is to make sure that the paperwork gets done. This includes collating the documents for the actual closing of the sale, preparing technical specifications, to making sure the yacht has all of the appropriate certificates.

They will also guide the yacht owner through aspects such as loan payoffs, corporate ownership, bills of sale, and similar documents.

4) Briefing The Parties Involved

A yacht broker will need to direct clients to the best possible marine lawyer for their specific yacht.

The yacht broker may need to help encourage the deal to keep pushing through.

5) Marketing

Marketing is an essential part of the yacht broker profession, especially when they are representing the seller of a yacht.

In the past, a yacht broker operated out of a big office building, and people would walk by and visit because they were considering purchasing a yacht.

Now, in the era of the internet, people from all over the world have access to a yacht broker and their services.

The yacht broker may make use of advertising such as banner ads or videos. Marketing yachts effectively makes use of the internet, so a yacht broker may make posts on social media, classifieds, or their personal website to sell a yacht or find one.

Some yacht brokers might make a video walk-through of the yacht and explain the features to potential clients. Others will have a professional website that acts as a point of contact.

6) Duties While Selling

As stated above, the broker will list the yacht on Yachtworld and other appropriate outlets. They also have the responsibility of pricing the yacht reasonably. Brokers will have access to recent sales, and they know how much they should go for based on recent sales prices.

When they receive responses to the yacht adds, they will prescreen responses so as to find those that are most likely to lead to a sale.

A yacht broker will also have the duty of showing the boat to people who are interested in buying it. They’ll give them the tour, and be sure that the boat is in pristine condition.

The yacht broker will also answer any questions that the buyers have.

Another responsibility they have is to communicate negotiations with the yacht owner. They will also handle the pricing of the yacht , which is where they might get their earnings from.

Finding the right price is a big part of getting the boat sold.

Part of their job would be to take pictures of the boat and to write a description of it that entices buyers.

7) Securing the Sale

When a price is agreed upon, the yacht broker will draw up the sales agreements and will also accept deposits.

Modern technology allows them to do this electronically with smartphones, tablets, and computers.

A yacht broker will secure sea trials where the potential buyer will take it for a test drive on the water as well as schedule surveys.

After the sale is made, they will transfer the funds to the yacht owner.

A yacht broker can assist a buyer in getting financing for the yacht.

8) Duties After the Sale

The broker’s job doesn’t stop after the boat is sold.

They can also assist in docking, boat detailing, and refining it to meet the buyer’s needs.

Their industry connections can help a lot in this process after the boat is sold, and helps to make boat ownership a rewarding experience.

Types of Agreements With Yacht Brokers

Some yacht brokers take a 10% commission on the sale of the boat and might bring it down in order to secure a sale on a boat. There are different types of agreements.

A central agency agreement, or an exclusive listing, means that a seller has hired a specific broker to sell their boat.

The broker may then list it on Yachtworld or a similar site. They then enter a co-brokerage agreement. Co-brokerage is when another broker finds a buyer for the yacht, and the original broker splits the commission with them.

Almost 70% of all yacht sales are done in this way because of this incentive. In this agreement, even if an owner brings in a buyer or donates the boat, they are still liable to pay the broker commission.

Most of the yacht sales are completed with a central agency agreement.

Another type of sale is the open listing agreement. In this setup, the owner can bring in more than one broker for the sale.

The owner also retains the right to sell the yacht on their own.

A disadvantage to this type is because they are not guaranteed commission, they might not spend money that is necessary to advertise the boat. It also might result in communication errors among more than one broker and prospective buyers.

However, on the other hand, a motivated broker might be more likely to bring in a sale because then they would be guaranteed the entire commission. The typical length of the agreement is around six months.

Yacht Broker Duties If You Are Buying

Brokers help to ease buyer’s anxiety when putting down large amounts of cash for a luxury yacht.

They might set up a separate bank account for the transaction and the necessary deposits.

The contract will specify what the contingencies of the sale are, and also how much or how the money will be returned if the sale does not go through.

For the buyer, the yacht broker will have the advice they need to find the right boat at the right price. They’ll be able to open doors and find opportunities that benefit both parties and create a win-win situation.

They work as an advocate on behalf of the buyer and will be priceless when it comes to negotiating and securing a sale.

Know The Role Of The Broker

In most sales, the broker is a worker for the seller and not the buyer.

This is an important part to remember. Their job is to get the highest price possible to satisfy the buyer and to make money. It is possible for a buyer to enter into an agreement with a broker with a buyer’s broker agreement.

A buyer’s broker represents the buyer, not the person selling the boat.

When they know what type of yacht the buyer is looking for, they will search for it through their contacts and resources available to them. They will assist in finding the right boat for the buyer’s needs and budget as well as assist in the necessary paperwork.

A buyer’s broker will typically get a split in commission from the seller’s broker.

There may be no cost to the buyer for using a buyer’s broker, but be sure to read the details of the agreement before signing.

A yacht broker has priceless industry knowledge that will assist in the buying and selling of yachts. A trustworthy broker will help save buyers and sellers time and money when they are making the purchase. They’ll pool the talents and resources of a team of brokers to support the transaction go quickly and smoothly.

Finding the right yacht broker with experience and integrity will make a big difference in the process. A yacht purchase is a significant investment, and teaming with the right people helps to ensure that the investment is the right one.

They understand the market and all of the nuances involved in buying and selling.

Click to share...

Service Locator

• Angler Endorsement
• Boat Towing Coverage
• Mechanical Breakdown
• Insurance Requirements in Mexico
• Agreed Hull Value
• Actual Cash Value
• Liability Only
• Insurance Payment Options
• Claims Information
• Towing Service Agreement
• Membership Plans
• Boat Show Tickets
• BoatUS Boats For Sale
• Membership Payment Options
• Consumer Affairs
• Boat Documentation Requirements
• Installation Instructions
• Shipping & Handling Information
• Contact Boat Lettering
• End User Agreement
• Frequently Asked Questions
• Vessel Documentation
• BoatUS Foundation
• Government Affairs
• Powercruisers
• Buying & Selling Advice
• Maintenance
• Tow Vehicles
• Make & Create
• Makeovers & Refitting
• Accessories
• Electronics
• Skills, Tips, Tools
• Spring Preparation
• Winterization
• Boaters’ Rights
• Environment & Clean Water
• Boat Safety
• Navigational Hazards
• Personal Safety
• Batteries & Onboard Power
• Motors, Engines, Propulsion
• Books & Movies
• Communication & Etiquette
• Contests & Sweepstakes
• Colleges & Tech Schools
• Food, Drink, Entertainment
• New To Boating
• Travel & Destinations
• Watersports
• Anchors & Anchoring
• Boat Handling
• ← Boats & Tow Vehicles

What A Yacht Broker Can Do For You

Advertisement

Especially when buying or selling a large boat, the right broker can reduce stress and make the transaction go smoothly and painlessly.

A broker can take the complications out of buying or selling your next boat. (Photo: Michael Vatalaro)

When BoatUS member David Issacson bought his first boat 26 years ago, he searched the newspaper classifieds in the morning (remember those?), located a couple of candidates before noon, and by 3 p.m. wrote the seller a check for $1,000 for a 17-foot boat he took fishing that day. "It was so simple then," he says. "Pretty much like buying a cheap used car. I don't even think I got a bill of sale. It was all done with a handshake." Now that he's retiring, he's looking for his fourth boat, which he says will be much bigger, probably in the 42- to 45-foot range. "I have no idea what it's going to take now. I've never had a boat that was documented or had a loan on it. I don't even think they have classifieds in the paper anymore, and I'm not sure what the process is these days."

Issacson is exactly the type of person who could benefit from using a boat broker. Boat brokers are similar to real-estate agents, but with important differences: They're far less regulated, and their commission is 10 percent rather than six percent. Unlike realtors who must take classes, sit for an exam, and be licensed in every state, only boat brokers in Florida and California have to be licensed and only California requires an exam. In most other states, anyone can call themselves a boat broker. And while all brokers have certain legal responsibilities to their clients, selecting one should be done carefully. Ask around at your marina or boatyard and get referrals from others who have used a broker before. Talk to two or three and get a feel for them, just as you would with a real estate agent. One way to increase your chances of finding the right broker is to look for a Certified Professional Yacht Broker (CPYB). These brokers are members of the Yacht Brokers Association of America (YBAA), have taken a comprehensive exam, have pledged to abide by a code of ethics, and will work with the BoatUS Dispute Mediation Program (see links in sidebar).

If You're Selling

There are several advantages to using a broker, the biggest of which is exposure. Plastering "For Sale" signs in yacht clubs and marinas can't equal the power of a broker's listing, especially with larger boats that have a smaller pool of buyers who may not even be in the same state. Brokers typically list boats through websites such as Yachtworld, which is easily searchable by anyone, anywhere in the world. Only brokers can list boats on the site, which functions much like the Multiple Listing Service for real estate agents.

Here's How A Broker Can Help

If you're the seller, a broker will:.

• Advertise your boat. Brokers should list your boat on Yachtworld and advertise in other places where appropriate. Find out what their marketing plan is and get it in writing.
• Price your boat realistically. Brokers have access to recent sale prices and know a good starting point.
• Prescreen responses to advertising. This will avoid most tire kickers.
• Show your boat to prospective buyers. This will save you from wasting time with buyers who don't show up.
• Communicate all offers from potential buyers to you.
• Negotiate the selling price. This is where brokers can really earn their money.
• Draw up sales agreements and accept deposits. Many brokers can do this electronically over computers, tablets, and even smartphones.
• Arrange for sea trials and schedule surveys.
• Coordinate closing.
• Transfer funds to you. Now you can start shopping for your next boat.

Correctly pricing a boat is critical to getting it sold, and an experienced broker has a very good idea of what a boat will sell for and can price it accordingly. Brokers typically have access to what similar boats have sold for in the local area and they'll prepare a listing based on the kind of boat and type of buyers expected. They'll take photos, write an enticing description, and recommend things to improve the look and marketability of your boat. Brokers can also help you navigate some of the more confusing aspects of selling such as corporate ownership, loan payoffs, bills of sale, and other documents needed for transferring ownership. Aside from listing and advertising the boat, their most important job is helping move the process along once a buyer is found. Brokers can also help a buyer obtain financing and assist with changing the USCG documentation. While the 10-percent commission is usually not negotiable, brokers will sometimes discount it for a sale that might be falling apart because of a survey report or other defects found on a boat. The different listing contracts used by brokers can be confusing, but they're not complicated once you understand the two main types, a central agency agreement and an open listing agreement.

A central agency agreement (sometimes called an exclusive listing) means you've hired a specific broker to sell your boat. With this type of agreement, the broker typically lists your boat on Yachtworld and — this is important — is obligated to sell it through a co-brokerage arrangement. Co-brokerage means that if another broker finds a buyer for your boat, your broker agrees to split the commission with him. This incentive to help each other is why about 70 percent of all brokerage sales are co-brokered. Keep in mind, though, with this type of agreement, even if you bring in the seller or end up donating your boat, you'll still be liable for the broker's commission. The majority of brokerage sales are central agency agreements.

An open listing agreement means you've given more than one broker the right to sell your boat and you also retain the right to sell it on your own. The disadvantage is that because no broker is guaranteed at least a part of the commission, it's not very likely any of them will spend the money to list your boat on Yachtworld or pay for other advertising. There can also be confused communications between multiple brokers and potential buyers. On the other hand, a hungry broker may be more motivated to bring you a buyer because he would get the entire commission. With this type of agreement, if you find your own buyer, you don't owe anyone a commission. For either type, don't be pressured into signing for a longer term than you're comfortable with. Six months is typical, but don't be afraid to ask for less, though a broker typically needs at least a couple of months to generate interest. Usually, you can walk away from any contract after giving 30 days notice. Most agreements automatically renew, so give notice before that if you want to cancel. No matter what kind of listing, ask for biweekly progress reports.

Selling It Yourself

For Sale By Ow ner (FSBO) certainly sounds attractive. Not only do you pocket 10 percent more than if you used a broker, but you're in charge of the whole process. Selling it yourself has drawbacks, however. You won't be able to get the same kind of national exposure a broker can, and you'll be responsible for keeping the boat in top condition and available for showing. And, because most boat shopping occurs on weekends, expect to be tied down during your time off. Finally, like many others, you may simply dislike negotiating. But if you want to save some serious money, BoatUS can help. Our thousands of online classified listings are viewable by anyone, anywhere in the world, and we offer an escrow service that takes the anxiety out of the financial part of the transaction. We also offer members full documentation service, boat financing, comprehensive insurance, and on-water and roadside towing coverage.

If You're Buying

While owners may find the process of selling to be an anxious one, buyers are looking for their next dream boat and are likely to be enjoying looking around, trying to find the perfect fit. But buyers tend to get apprehensive once it comes to plunking down hard cash. This is where a broker can make the process less stressful. Brokers should have a separate bank account for holding deposits and there should be wording in the contract specifying what the sale is contingent upon as well as how and when the money will be returned if the sale falls through.

It's important to remember that the broker in a typical sale is getting paid by and working only for the seller, not the buyer. A broker will try to get the highest possible price (that's what his commission is paid from) and will try to sell his client's boat even if it's not necessarily the best deal for you. You're on your own with negotiations and paperwork advice. You can, however, enter into an agreement with a broker through a buyer's broker arrangement. A buyer's broker will represent you, not the seller. Once they know what you're looking for, they can scour their sources and suggest likely boats for you to view, assist in negotiating a price, and help with the paperwork. Typically, a buyer's broker gets a commission split from the seller's broker so there's no cost to you, but read the agreement before signing.

When it's time to seriously consider a boat, it will need to be hauled out and surveyed — something that's usually paid for by the buyer, though as with anything in a sale, that's negotiable. Never use a surveyor recommended by the broker or seller; it's critical to hire an independent, qualified surveyor (see links, below) who has no stake in the outcome. Not only will the survey uncover needed repairs and deficiencies, it will also establish a fair market value, all of which can be used for negotiations. It will almost certainly be needed for financing and insurance as well.

Useful Links

• Finding a Certified Professional Yacht Broker
• Find a Marine Surveyor
• BoatUS USCG Documentation Service
• BoatUS Financing
• BoatUS Insurance
• Find out if a Florida Broker is licensed

Related Articles

The truth about ceramic coatings for boats.

Our editor investigates the marketing claims of consumer-grade ceramic coatings.

Fine-Tune Your Side Scan Fishfinder

Take your side-scanning fishfinder off auto mode, and you’ll be spotting your prey from afar in no time

DIY Boat Foam Decking

Closed-cell foam flooring helps make boating more comfortable. Here’s how to install it on your vessel

Click to explore related articles

Charles Fort

Contributing Editor, BoatUS Magazine

Charles Fort is BoatUS Magazine's West Coast Editor. He often writes local news items for BoatUS Magazine's Waypoints column and contributes to Reports, in-depth tech features in every issue written to help readers avoid accidental damage to their boats. He is a member of the National Association of Marine Surveyors, he's on ABYC tech committees, and has a 100-ton U.S. Coast Guard license. He lives in California.

BoatUS Magazine Is A Benefit Of BoatUS Membership

Membership Benefits Include:

Subscription to the print version of BoatUS Magazine

4% back on purchases from West Marine stores or online at WestMarine.com

Discounts on fuel, transient slips, repairs and more at over 1,200 businesses

Deals on cruises, charters, car rentals, hotel stays and more…

All for only $25/year!

We use cookies to enhance your visit to our website and to improve your experience. By continuing to use our website, you’re agreeing to our cookie policy.

• Weekly Newsletter

California's Boating & Fishing News

If a Boater Signs Agreements with 2 Brokers, Which One is Enforceable?

The issues discussed by our reader are probably generally familiar to most of us, but let’s review a couple of definitions anyway.               A listing agreement is a contract between a yacht owner and a yacht broker, authorizing the broker to represent the owner in the sale of a yacht in exchange for the payment of a commission when and if the yacht is sold. California law requires all listing agreements to be in writing.            

Listing agreements in California may be either “exclusive” or “open.”            

An exclusive agreement grants the broker the sole right to sell the yacht, and the agreement usually requires the owner to pay a full commission, even if the yacht is sold without any involvement by the broker.            

An open listing agreement allows the owner to sell the yacht through another broker or without any broker — and if the yacht is sold through someone else, no commission is owed to the broker holding the open listing.            

Exclusive and open listings both usually provide that a commission is owed when and if the broker presents an offer from a buyer who is ready, willing and able to buy the yacht on terms that are satisfactory to the seller, even if the seller later backs out of the deal. Depending upon the language of the listing agreement, this provision may also kick in when a broker presents a full-price offer to a yacht owner who decides to reject the offer for some reason.            

A contractual provision such as this may seem like a penalty assessed against the owner for changing his mind, but, in fact, it is simply compensation for services performed.  A qualified broker will provide a lot of services to the seller of a yacht, but a broker is fundamentally being hired to bring someone to the seller who is able to buy the boat for the seller’s asking price.            

So, with these concepts in mind, let’s take a look at our reader’s case. He has not received any cancellation notice from the yacht owner. Even if the phone call from the other broker was deemed to satisfy the notice requirement, that phone call would not have immediately terminated the open listing agreement, because the agreement required 30 days’ notice to be given for cancellation.               The open listing agreement was therefore still in effect when the offer was received by the prospective buyer.            

The other broker’s agreement was also in effect when the offer was received by our reader. But, contrary to the demands made by that broker, the execution of an exclusive listing agreement does not automatically cancel an open listing agreement.            

The yacht owner has the burden of notifying the other brokers when he enters into an exclusive agreement. But if he fails to send that notice, both agreements remain in force and both agreements are valid and enforceable.            

I should note that an open listing agreement may occasionally include a provision that automatically terminates the agreement if the boat owner enters into an exclusive agreement, but that does not seem to be the case here. I should also note that a full-price offer that includes a contingency that would allow the buyer to back out of the deal is not necessarily subject to the contractual provision discussed here — but our reader said nothing about contingencies, so for the purposes of this discussion, we’ll assume it was an unconditional full-price offer.            

So, in our reader’s case, both brokers have valid agreements that authorize them to represent the boat owner in the sale of the boat and to earn a commission when the boat is sold. On the surface, it therefore appears that the boat owner in this case will owe a full commission to each broker, if the boat is sold through our reader. However, legal purity and practical reality are often different.            

The new broker did very little work in the few days that his agreement was in effect, and a full commission would be something of a windfall to him. One of my favorite legal axioms holds that it’s always better to avoid a lawsuit than to win one and, as such, I suspect that the parties will work out some sort of compromise in this case.

Share This:

• ← Can I Hold a Buyer to His Verbal Agreement to Buy My Boat?
• Supreme Court Ruling on Floating Homes vs. Boats Proves Perplexing →

Comments Cancel reply

Your email address will not be published. Required fields are marked *

Your Thoughts are Appreciated

Save my name, email, and website in this browser for the next time I comment.

Post comment

or continue as guest

yacht canados 110

Please use a modern browser to view this website. Some elements might not work as expected when using Internet Explorer.

• Landing Page
• Luxury Yacht Vacation Types
• Corporate Yacht Charter
• Tailor Made Vacations
• Luxury Exploration Vacations
• View All 3656
• Motor Yachts
• Sailing Yachts
• Classic Yachts
• Catamaran Yachts
• Filter By Destination
• More Filters
• Latest Reviews
• Charter Special Offers
• Destination Guides
• Inspiration & Features
• Mediterranean Charter Yachts
• France Charter Yachts
• Italy Charter Yachts
• Croatia Charter Yachts
• Greece Charter Yachts
• Turkey Charter Yachts
• Bahamas Charter Yachts
• Caribbean Charter Yachts
• Australia Charter Yachts
• Thailand Charter Yachts
• Dubai Charter Yachts
• Destination News
• New To Fleet
• Charter Fleet Updates
• Special Offers
• Industry News
• Yacht Shows
• Corporate Charter
• Finding a Yacht Broker
• Charter Preferences
• Questions & Answers
• Add my yacht
• Yacht Charter Fleet
• Yacht Builders
• Canados Yacht Charter
• Canados 110

Canados 110 Charter

• Other Canados Ranges:
• ALL Canados
• Gladiator 961 Speed
• Canados Open 90
• Canados 116

Try Before You Buy

Contemplating a purchase? Why not charter the Canados 110 for a 'try before you buy' experience?

3 yachts found

• GBP £
• Expedition Yachts
• Open Yachts
• Sport Fishing
• Gulet Yachts
• Winter 2023/2024
• Summer 2024
• Winter 2024/2025
• Highest Price
• Lowest Price
• Shortest Length
• Longest Length
• Newest first by Year
• Oldest first by Year
• Length min length 15m 20m 30m 40m 50m 60m 75m 100m 50ft 65ft 100ft 130ft 160ft 200ft 250ft 300ft max length 20m 30m 40m 50m 60m 75m 100m+ 65ft 100ft 130ft 160ft 200ft 250ft 300ft+
• Guests & Cabins Guests: Cabins:
• Price $ USD € EUR £ GBP min price $0 $10k $100k $250k $500k $750k $1m max price $50k $100k $250k $500k $750k $1m+
• Amenities Beauty Room Gym Conference Room Helipad Deck Jacuzzi Elevator Movie Theatre Sauna Spa At-Anchor Stabilizers Swimming Pool Beach Club Steam Room Wheelchair Accessible Commercial Helipad Show all Amenities
• Toys Diving Kayaking Sailing Seabob Bicycles Wind Surf Submarine Helicopter Sport Fishing Wakeboard Inflatable Water Slide Trampoline Inflatable Waterpark Kite Surf Surfboard Floating Pool Paddleboard Amphibious Car flyboard Hoverboard Wakesurf Wakeskate golf Foilboard Show all Toys
• Mediterranean
• French Riviera
• Ligurian Riviera
• Amalfi Coast
• The Balearics
• Virgin Islands
• Saint Martin
• New England
• Indian Ocean
• South East Asia
• Philippines
• Myanmar (Burma)
• South Pacific
• French Polynesia
• New Zealand
• Central America
• South America

L'Ayazula 10 4

35m   Canados

from $54,000 p/w eek

Canali 10 5

34m   Canados

from $70,000 p/w eek

Mamma Mia 12 5

from $53,000 p/w eek

Added to Shortlist

1 - 3 of 3 Yachts For Charter

• My Yacht Shortlist
• Save My Search

* Not offered for charter to US residents while in US waters.

♦︎ Approximate price conversion

All yacht particulars are believed correct but cannot be guaranteed.

Featured Luxury Yachts for Charter

This is a small selection of the global luxury yacht charter fleet, with 3656 motor yachts, sail yachts, explorer yachts and catamarans to choose from including superyachts and megayachts, the world is your oyster. Why search for your ideal yacht charter vacation anywhere else?

136m | Lurssen

from $4,283,000 p/week ♦︎

115m | Lurssen

from $2,784,000 p/week ♦︎

85m | Golden Yachts

from $964,000 p/week ♦︎

88m | Golden Yachts

from $1,178,000 p/week ♦︎

84m | Feadship

from $1,071,000 p/week ♦︎

93m | Feadship

from $1,499,000 p/week ♦︎

Maltese Falcon

88m | Perini Navi

from $490,000 p/week

122m | Lurssen

from $3,000,000 p/week

As Featured In

The YachtCharterFleet Difference

YachtCharterFleet makes it easy to find the yacht charter vacation that is right for you. We combine thousands of yacht listings with local destination information, sample itineraries and experiences to deliver the world's most comprehensive yacht charter website.

San Francisco

• Like us on Facebook
• Follow us on Twitter
• Follow us on Instagram
• Find us on LinkedIn
• Add My Yacht
• Affiliates & Partners

Popular Destinations & Events

• St Tropez Yacht Charter
• Monaco Yacht Charter
• St Barts Yacht Charter
• Greece Yacht Charter
• Mykonos Yacht Charter
• Caribbean Yacht Charter

Featured Charter Yachts

• Maltese Falcon Yacht Charter
• Wheels Yacht Charter
• Victorious Yacht Charter
• Andrea Yacht Charter
• Titania Yacht Charter
• Ahpo Yacht Charter

Receive our latest offers, trends and stories direct to your inbox.

Please enter a valid e-mail.

Thanks for subscribing.

Search for Yachts, Destinations, Events, News... everything related to Luxury Yachts for Charter.

Yachts in your shortlist

110 Classic

Canados Yachts

General info.

Salvagni Architetti Of Rome

Megayacht,Pilothouse

Stainless Steel

2 x Caterpillar C32A

2 x caterpillar 3516b, accommodation, accommodation set 1, explore more about 110 classic, the concept behind this yacht was to create a genuine leisure platform, where luxury and communion with the sea are fused together in one elegant design. statement of the flexibility of 110’ classic’s design, 2 master suites can be configured, one on the main deck and the other on the lower deck..

All photos and floor plans are the assets of the Shipyard/Brand indicated on this page. The information provided here is used for informative purposes only.

Measurements.

Canados 110 Classic

The concept behind this extraordinary yacht was to create a genuine leisure platform, where luxury, extreme comfort and communion with the sea are fused together in one elegant and timeless design. Statement of the flexibility of the 110’ Classic’s design, two master suites can be configured, one on the main deck and the other on the lower deck.

Whether at anchor or in navigation, large horizontal portholes provide spectacular views of the surrounding environment. Like everything onboard, the master suites are created to satisfy the owner’s wishes. Guest cabins located forward on the lower deck are designed to your preferences. Treated with the exact same attention to details as the owner’s suites.

While certainly a stunning yacht, the Canados 110’ Classic is also a true offshore going vessel. Pleasure and practicality have been seamlessly merged to ensure your pleasure and safety are effortlessly achieved. The raised pilothouse is equipped with the latest state-of-the-art navigation, communication and monitoring systems, allowing the crew total control.

Technical Specifications

Talk to a Specialist

CANADOS 110

Canados details.

The 34,4m/116 ft Cada Uno motor yacht built by Italian yacht builder Canados, is available for charter for up to 10 guests in 4 cabins for overnight trips and up to 15 guests for day trips. With multiple living and lounging areas laid out invitingly to create a warm and welcoming atmosphere onboard, motor yacht Cada Uno is the perfect luxury charter yacht to host your family and friends.

Cada Uno offers guest accommodations for up to 10 guests with a layout including a master suite, a VIP suite, and two twin bedrooms, with fold down bunk capability (3 beds total per room). She is also capable of carrying up to 5 crew onboard to ensure a full-service luxury charter experience.

Other Details

• BRAND: Canados
• LENGTH: 110ft.
• MAX CAPACITY: 15
• MARINA: LA PAZ
• Stand-Up Paddle Boards
• Fishing Gear
• Snorkeling Gear
• Inflatable Toys

Canados Gallery

Other yachts.

If you need any assistance or if you have any queries, please feel free to contact us.

• Blog & News

Useful links

• Employee Login
• Privacy Policy

2021 Canados 110 Classic

Report error

Boat Overview

Hull material, boat length (loa), see all details, boat description, embrace the elegance of canados 110 classic.

Unveil the saga of sophistication with the Canados 110 Classic, a yacht that embodies timeless elegance fused with modern technical prowess. This iconic yacht is designed for those who appreciate the intricacies of naval craftsmanship and the allure of luxurious, uninterrupted marine adventures.

Luxury Interiors and Customization

Inside the Canados 110 Classic, the ambience speaks volumes of luxury, with customizable interiors that feature the finest materials and state-of-the-art technologies. Owners have the liberty to tailor spaces, from expansive saloons to majestic master suites, ensuring that each yacht is distinctively theirs.

Superior Craftsmanship and Performance

Engineered with precision, the Canados 110 Classic boasts exceptional performance and handling. Its cutting-edge navigation systems combined with powerful engines offer a sailing experience that is both exhilarating and secure.

A Yacht Built for the Discerning Mariner

The Canados 110 Classic integrates functionality with aesthetics, presenting ample entertainment spaces, sun decks, and alfresco dining areas. It’s not just a yacht; it's a lifestyle that promotes both adventurous spirits and tranquil escapes.

Discover the Pro

Hide ads, help pay for servers & development and unlock Pro only features like, sharing, advanced dashboard, extra storage space & more!

Performance & Ratios

The Gladiator 411 Carbon Series was created to offer a fully reliable, problem-free 41’ monohull capable of flirting with the100 mph mark.So far, all 41’ monohulls available on the market, to reach such speed, are powered with big V8 inboard motors. Not only expensive, they also require considerable maintenance and offer poor fuel efficiency.

Yacht Specifications:

Length Overall (L.O.A)

Lorem ipsum dolo

Displacement

Download Brochure

Alternative to Big Power Inboards

The concept of the Gladiator 411 Carbon Series offers a fantastic alternative to the big power inboards, with the reliable and super quite Mercury 500R outboard engine, that can be easily serviced anywhere. The double stepped hull and deck are entirely made of custom woven carbon-fiber and Kevlar - epoxy and fitted with an integrated structural tail bracket to guarantee maximum strength, rigidity and impact resistance. The lamination plan is such that the boat weights only 4000 kg / 8800 lbs which is on average 30% lighter than any other boat of this type on the market.

Exceptional WeightFor High Speed Boats

Dual-purpose helm: solo skipper or racing duo, exceptional weight for high speed boats,   explore yacht's exterior.

Stepping inside the yacht

YACHT SPECS

Gladiator411 Carbon Series

Length Overall

13,05 m / 42’10”

CANADOS Pioneers Modern Technologies and materials while honoring Timeless Craftsmanship.

Explore Yachts

View ALL Canados 110 yachts for charter around the world. Built by Canados these luxury charter yachts can accommodate up to 12 charter guests in 5 cabins.

All the essential information you need for the 110 model from Canados including specifications, pricing, reviews and more exclusively on itBoat.

The Canados 110’ Classic is a 33.53 meter motor superyacht with 4 guest cabins and a draft of 2.10 meters which can reach speeds of up to 24 knots. The yacht has a fiberglass / grp hull with a CE certification class (B) and can navigate no further than 200 miles offshore.

The concept behind this yacht was to create a genuine leisure platform, where luxury and communion with the sea are fused together in one elegant design. Statement of the flexibility of 110 ’ Classic ’ s design, 2 master suites can be configured, one on the main deck and the other on the lower deck.

While certainly a stunning yacht , the Canados 110 ’ Classic is also a true offshore going vessel. Pleasure and practicality have been seamlessly merged to ensure your pleasure and safety are effortlessly achieved.

Canados is a yacht manufacturer that currently has 67 yachts for sale on YachtWorld, including 24 new vessels and 43 used yachts , listed by experienced yacht brokers and boat dealerships mainly in the following countries: Italy, Greece, United States, France and Spain.

The 34,4m/116 ft Cada Uno motor yacht built by Italian yacht builder Canados , is available for charter for up to 10 guests in 4 cabins for overnight trips and up to 15 guests for day trips.

2008 CANADOS 110 Key Features; *5 Cabin Layout *New AWLGRIP Paint System *Full maintenance of Main Engines and Mechanical Systems *New Interior *New Hydraulic Platform

Embrace the Elegance of Canados 110 Classic. Unveil the saga of sophistication with the Canados 110 Classic, a yacht that embodies timeless elegance fused with modern technical prowess. This iconic yacht is designed for those who appreciate the intricacies of naval craftsmanship and the allure of luxurious, uninterrupted marine adventures.

CANADOS Pioneers Modern Technologies and materials while honoring Timeless Craftsmanship. Explore Yachts