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As a major benefit of membership, YBAA members are invited to use the association's standardized, copyrighted contractual forms, for both U.S. and Canadian transactions. Each Form is designed as an interactive PDF for ease of use.

When properly used, the forms help to clarify the terms and agreements between seller/broker, buyer/seller and broker/broker. In co-op sales with other YBAA brokers, you will know what to expect in the way of documents to be signed.

IMPORTANT NOTE : The YBAA Forms are updated annually, with the valid year-of-use indicated on the bottom of each Form. Be sure to only use current Forms in all transactions. All prior versions of the Forms should not be used; such use will be deemed in violation of the YBAA Membership Code of Ethics. 

We recommend that you download a blank copy of the Forms and to your desktop and fill out the forms in Adobe Acrobat Reader,  CLICK HERE to Download  for FREE!  If you are unable to download the program we have prepared a list of best practices below based on the browser. 

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iPad/iPhone (Apple) users will need to download the Adobe Acrobat Reader app found in the App Store in order to type into the form and share the file. After you've downloaded the app just open the form in Safari on your iPad/iPhone and then tap the screen. You should see an option to "Open in" in the upper left corner of your screen. Tap "Open in" and then select "copy to Adobe Acrobat", from here you should be able to fill out the form and email it. 

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  • Posted 07-30-2014
  • IYBA  

The FYBA Purchase and Sale Agreement (PSA) and Listing Agreement forms were recently updated. The key changes to the forms are described below, including a comparison of the new provisions to the old provisions and the reasoning for each change. Most of the changes are not intended to vary the intent of the agreements. Their purpose is to clarify and deal with potential misinterpretations by “heading them off at the pass.” 

There also were some very important changes to the PSA designed to strengthen its integrity. The first deals with the situation in which a buyer signs a PSA but never “antes up” the required deposit. Previously, a buyer could generally just “walk away scot-free” but no longer. A provision also was added so that, in the event of litigation, the prevailing party will get its attorney’s fees whereas previously each party to litigation paid its own freight. 

Other important changes to the Listing Agreement deal with what happens when a person to whom a broker showed a yacht purchases it after the original listing has expired. In addition, the standard length of a listing was increased to one year.

PSA Updates

New Provision: Whether or not the buyer inspects the yacht, he rejects it if he fails to provide timely written notice of acceptance: Although the PSA already provided in paragraph 3 that a buyer rejects the vessel if he doesn’t accept it in writing, it is now absolutely clear that no inspection is required in order for a rejection to occur. The change was made to deal with the potential argument that in order to be able to reject the vessel, a buyer had to inspect it – and if the buyer didn’t inspect, he waived his right to reject.

New Provision: The seller is solely responsible for the broker’s commission: Although this provision is already in paragraph 5 of the Listing Agreement (and is the law even without an agreement), it was added to the PSA because buyers ask the question often enough. Now, a broker can point to paragraph 5 of the PSA and reassure the buyer, since buyers aren’t parties to and don’t see the Listing Agreement. 

New Provision: If the vessel is damaged and repaired after acceptance, the buyer now has an explicit right to inspect those repairs: If the vessel is damaged after acceptance, the seller is obligated in paragraph 7 of the PSA to make repairs if they can be made for less than 5 percent of the purchase price and require fewer than 30 days to complete. Previously the PSA did not state the obvious, that a buyer had a right to inspect those repairs (and make an issue out of it if the repairs were not done properly). The update makes it clear that the buyer has the right to inspect such repairs. 

New Provision: The seller will retain the buyer’s deposit, notwithstanding any other term in the contract, if the buyer fails to pay the deposit when due or the closing is not consummated due to Buyer’s nonperformance: The PSA already provided in paragraph 8 that the seller will retain the buyer’s deposit if the buyer breaches. But what happened if the breach was not paying the deposit?  

The new language includes a hammer. The new approach is as follows: If a buyer signs a contract but doesn’t pay the deposit, he no longer can walk away by saying, “Hey, I had a right to reject by not accepting anyway.” The PSA responds to that type of buyer by saying clearly, “No siree, Bob!”

The message to a buyer is now, “If you are going to sign a contract, you had better be serious, because there is a consequence.” The consequence is that a yacht’s value is affected by an accepted contract, especially when the contract price reflects any reduction from the listing price. And if a buyer plays that game, he is at risk for the amount of the deposit he should have paid.

New Provision: The buyer warrants that he is not relying on any representations by the seller or the broker: Paragraph 10 was revised to make it clear that a buyer warrants he is not relying on any representation made by the seller or the broker. The previous version only included the broker. This change puts an accent on the concept that the sale truly is “as-is” and the buyer can’t rely on anything other than what is in the PSA.

New Provision: The prevailing party in any litigation arising out of the PSA is entitled to expenses, attorney’s fees, and costs for all pretrial, trial, and appellate proceedings: The attorney’s fee provision in paragraph 16 is new to the PSA. The addition of this provision discourages frivolous lawsuits, or parties taking unreasonable positions, because if there is going to be a lawsuit, the losing party will have to pay the costs and attorney’s fees of the prevailing party. 

New Provision: All notices are effective upon delivery with proof of delivery retained. Notice is no longer accepted by U.S. mail: The notice provision in paragraph 16 was modernized to conform to today’s business standards. The update removed the option to provide notice by U.S. mail and made notice effective upon delivery with proof of delivery retained. This change was also incorporated into paragraph 16 of the Listing Agreement. This should eliminate arguments about whether or not proper notice was given.

Listing Agreement Updates

New Provision: The term of the listing is now one year and it automatically renews for successive one year periods. After the first year, either party may terminate the Listing Agreement with 30 days’ written notice: Previously either party could terminate the listing after 180 days with 90 days’ written notice. The change to paragraph 9 makes things simpler by extending the time before termination is allowed to one year and shortening the number of days required for written notice of termination.

New Provision: A commission is due to the broker if within six months after the listing ends the seller sells the yacht to any party to which the broker physically showed it. At the seller’s request, the broker must provide a list of persons physically shown the yacht: Previously a commission was due to the broker if within two years of the listing ending the seller sold the yacht to a buyer whom the broker or a sub-broker showed “or provided information”. Also, under the previous version, no commission was due to the broker if the seller relisted and sold the vessel through a different broker.

The update to paragraph 10 of the Listing Agreement significantly changes this provision. The time frame for which the seller is responsible for a commission is tightened and there is a new requirement that the broker must have physically shown the vessel to that buyer. If requested, the broker must give the seller the list of persons to whom it physically showed the yacht – so it’s a very good idea (it should be a requirement of each brokerage house) that every broker keep such list. In addition, the new language provides that a commission is due to the broker even if the seller relists the vessel with a new broker.

Robert Allen Law is located at 1441 Brickell Avenue, Suite 1400, in Miami. Contact the firm at 305.372.3300 or visit RobertAllenLaw.com.

Article Author: Stephanie Klein, Bob Allen & Christopher Anderson

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How to Create a Co-Brokerage Agreement

To create a Co-Brokerage Agreement for a deal, go to the Terms page.  Make sure that you have identified both the Listing & Selling Broker in the Brokers of Record Section, as displayed below.

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What A Yacht Broker Can Do For You


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

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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

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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.

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We Are Yacht Brokers

Welcome to Atlantic Yacht & Ship, Inc. We remain an integral leader in the yacht and ship brokerage industry, serving the yachting community since 1959. Atlantic Yacht & Ship, in Fort Lauderdale, Florida is located in the heart of the “Yachting Capital of the World”. Whether buying or selling a quality motor yacht, center console, or having your luxury yacht built. Atlantic Yacht & Ship is your one-stop resource for the highest quality luxury yacht sales and service in the yachting industry today. The dynamics in buying or selling a yacht are complex and time consuming, but at Atlantic Yacht & Ship, our team of professional yacht brokers are prepared to handle the entire process and create a positive and easy experience for all our clients.

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Moran Yacht & Ship is proud to be considered one of the world’s best yacht companies; a leader in luxury yacht sales, construction, charter, and management. Whether you are interested in buying a yacht , selling your yacht , luxury yacht charter , or new yacht construction , our super yacht brokers and yacht managers are here to assist. Family-owned and operated, our luxury yacht brokerage has been the preferred choice for yacht buyers, sellers, and charterers for over three decades.

Featured Yachts For Sale

Interested in buying? Moran is proud to have the most impressive fleet of all the world’s brokerage companies. With over three decades of experience in yacht sales and purchase, along with countless time spent at sea, our knowledgeable luxury yacht brokers will guide you through the process of purchasing or selling a yacht. Learn more about our featured luxury yachts for sale here.

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Our Approach

Our experience is what sets us apart from other yacht companies. The Moran team is made up of marine industry experts, including veteran Captains and engineers, meaning that we are uniquely positioned to provide world-class superyacht services. Our team’s wealth of luxury yacht knowledge is what first draws people to us, while our straightforward approach is what keeps clients coming back time and time again. We Do What We Say, honoring our promises and commitments to clients and fellow brokers above all else. By providing honest, specialist, yet unbiased advice to everyone who passes through our door, we maintain an extraordinarily high rate of repeat business.

Featured Yachts For Charter

Want to charter or know more about how to charter a yacht ? Moran Yacht & Ship is considered one of the very best yacht companies in the world for luxury yacht charter , with an expert team who will always go the extra mile to provide you with the right itinerary, vessel, and superyacht crew . Learn more about our featured luxury yachts for charter here.

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Amels 60 For Charter - Entourage

Integrity and the relentless pursuit of the deal defines Moran Yacht & Ship - I am grateful that you were on this journey with me. This magical machine KISMET is the second yacht I’ve had built with Moran Yacht & Ship. KISMET has brought joy, hope, and the gift of discovery to many lives - including my own. You have made this world a better place! Owner, KISMET
By way of background, my business interests include controlling stakes in 3 publicly traded companies which operate vessels in the 500 to 5000dwt range. On average, one new vessel a year would be added to the fleet. As a result, I have access to in-house marine architects, engineers and construction supervisors. Consequently, when I decided to build my first large motor yacht, I did not feel I needed the services of a company like Moran Yacht & Ship. In any event, I was persuaded to let them negotiate on my behalf while I simultaneously held discussions with other building options. Moran Yacht & Ship understands yachts, their incredibly complex systems, and what constitutes a practical solution to various owners’ ideas. In short, I would not consider building another yacht without engaging Moran Yacht & Ship to provide the services they are so good in delivering. Former Owner, NORTHERN STAR

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Want to find out what we’ve been up to? View our latest yachting news, including recent yacht sales, price reductions, and completed custom yachts . Offering a full selection of yachting services, the Moran Yacht & Ship team is always busy working on our next big project. Discover our latest updates here.

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Andrey Shestakov

Andrey Shestakov

Yacht Broker


Phone: +7 918-465-66-44

Cell: 954.274.4435

Andrey has gained valuable experience working as an Engineer aboard ships repairing various systems including engines, generators, oil systems, turbine pumps, compressors, boilers, shafts, and deck equipment. He worked with the Novorossiysk Ship Repairing Yard for several years before moving to sunny South Florida. Andrey worked as a service technician for Headhunter installing heads, grey and black water systems, holding tanks, tank sentries, and pressurized salt and freshwater systems. Suffice it to say, Andrey knows boats inside and out. Using his wealth of knowledge about boats and his proficiency in the Russian, Ukrainian, and English languages, Andrey now offers marketing and support to Atlantic Yacht and Ship, Inc. as well as providing invaluable consulting services to Russian and Ukrainian clients.

Broker’s Listings

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77' Fountaine Pajot 2010

Saint George's Grenada

Brokered by Atlantic Yacht & Ship, Inc.

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63' Marquis 2013

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41' Sea Ray 2010

Aventura Florida USA

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38' Regal 2008

Hollywood Florida USA


Russia, China absent as world leaders meet for Ukraine peace conference

China’s non-participation in Switzerland summit raises questions over point of event, which Russia dismissed as ‘futile’.

Ukraine's President Volodymyr Zelensky (C) is welcomed by Switzerland's Ambassador to Ukraine Felix Baumann (L) and Deputy Head of Swiss Protocol Manuel Irman (R) as he arrives at the Zurich airport on June 14, 2024, ahead of the Ukraine Peace Summit in Switzerland. World leaders from countries around the world will gather in the luxury Burgenstock resort, central Switzerland this weekend to try to work out a way towards a peace process for Ukraine -- albeit without Russia. (Photo by MICHAEL BUHOLZER / POOL / AFP)

World leaders are gathering in Switzerland for a summit aimed at pressuring Russia to end its war in Ukraine , but the absence of powerful allies of Moscow such as China is expected to blunt its potential impact.

United States Vice President Kamala Harris and the leaders of the United Kingdom, Canada, France, Germany, Italy and Japan are among those who joined Ukrainian President Volodymyr Zelenskyy at the summit starting on Saturday.

Keep reading

Violations against children in conflict reach ‘extreme levels’, un says, g7 to use russian assets for $50bn ukraine loan: how will it work, ‘theft’: putin pledges retaliation after g7 deal on frozen russian assets.

All told, host Switzerland said more than 50 heads of state, as well as foreign ministers and lower-level delegations from dozens more countries were set to attend. India, Turkey and Hungary, which maintain friendlier relations with Russia, also joined the event.

But China has stayed away after Russia was frozen out of proceedings after Moscow dismissed the event as “futile”.

Without China, Western hopes of isolating Russia have faded, while recent military reverses on the battlefield have put Ukrainian forces on the back foot.

“The summit risks showing the limits of Ukrainian diplomacy,” said Richard Gowan, United Nations director at the International Crisis Group.

“Nonetheless, it is also a chance for Ukraine to remind the world that it is defending the principles of the UN Charter.”

Nevertheless, speaking to reporters on Saturday, Zelenskyy predicted “history being made” at the conference.

Speaking alongside Swiss President Viola Amherd, Zelenskyy said the gathering itself was already a positive development.

“We have succeeded in bringing back to the world the idea that joint efforts can stop war and establish a just peace,” he said.

He added those in attendance must determine “what a just peace means for the world and how it can be achieved in a lasting way”.

That vision, he said, can then be “communicated to the representatives of Russia”.

German Chancellor Olaf Scholz, called the gathering an important step towards progress.

“Many questions of peace and security will be discussed, but not the very biggest. That was always the plan,” he said, speaking to Welt TV before travelling to Switzerland.

“This is a small plant that needs to be watered, but of course, also with the perspective that more can then come out of it.”

Meanwhile, Turkey, Saudi Arabia and Kenya all noted Russia’s absence as a hurdle.

“I must also note that this summit could have been more result-oriented if the other party to the conflict, Russia, was present in the room,” Turkey’s Foreign Minister Hakan Fidan said at the summit.

Saudi Arabia’s Foreign Minister Prince Faisal bin Farhan Al Saud added that credible talks would involve “difficult compromise”.

Moscow’s demands

On Friday, Russian President Vladimir Putin said his country would end the war if Ukraine agreed to drop its NATO ambitions and hand over the entirety of four provinces claimed by Moscow – demands Kyiv swiftly rejected as tantamount to surrender.

Ukraine, the US and other Western allies swiftly dismissed Putin’s demands, with Germany’s Scholz saying the “proposal wasn’t meant seriously”.

On Saturday, European Commission President Ursula von der Leyen warned against any agreements that saw Russia remain in Ukrainian territory.

“Freezing the conflict today, with foreign troops occupying Ukrainian land, is not the answer,” she said. “It is a recipe for future wars of aggression.”

“Instead, we need to support a comprehensive, just and sustainable peace for Ukraine, one that restores Ukraine’s sovereignty and its territorial integrity,” she said.

Some saw Putin’s statement as reflecting growing confidence that Russian forces have the upper hand in the war.

Russian troops, who already control vast swaths of eastern and southern Ukraine, have made territorial gains in recent months.

However, Ukrainian forces had recently regained large tracts of territory, notably near the southern city of Kherson and the northern city of Kharkiv.

Speaking to Al Jazeera from Kyiv, Peter Zalmayev, the director of the Eurasia Democracy Initiative (EDI), said a pledge by G7 leaders earlier this week to use interest from frozen Russian funds for a $50bn loan to Ukraine will serve as a “lifeline”.

Still, he said the war, which remains “lopsided” in Moscow’s favour, has already turned into one of attrition for both countries.

Talks will likely be the only way to broker an eventual peace, he said, adding, “The sides are as far away from each other as they’ve been throughout this entire conflict.”

Russia has cast what it calls its special military operation in Ukraine as part of a broader struggle with the West, which it says wants to bring Russia to its knees.

Ukraine and the West reject this and accuse Russia of waging an illegal war of conquest.


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