Disclosures worth having in writing.
When a brokerage offers buyer support without an explicit fee, the work is paid for somewhere in the structure. The items below are where to ask.
Part 01The brokerage
- 01
The commission structure being applied (IYBA flat 10 percent, MYBA sliding scale), and the resulting fee.
- 02
Any dual agency on the transaction, documented in writing beyond the standard form clause.
- 03
The brokerage’s ownership structure (PE-backed, public-parent, founder-led, yard-tied).
Each ownership pattern carries different incentives.
Part 02Counterparty introductions
- 04
For each party the brokerage has introduced (lawyer, surveyor, management company, paint specialist, insurance broker, recruitment agency): the referral or retrocession arrangement, if any, and at what rate.
- 05
Written disclosure of every referral relationship and retrocession arrangement on every introduction.
Referral fees are legal only if disclosed (OnboardOnline legal column).
- 06
If disclosure is declined, a parallel adviser whose only role is to scan for and document the relationships.
Independent advisers document referral relationships as part of their standard scope.
Part 03The captain
- 07
The candidate’s introduction route (broker, seller, or independent agency engaged by the buyer).
- 08
Any prior commercial relationships with brokers, yards, suppliers, or management companies that might continue into employment.
- 09
The captain’s pay structure (straight salary, or any bonus, charter share, or referral-related elements).
Part 04The structural test
- 10
An understanding of which parties in the transaction would walk away from a deal that did not benefit the buyer.
The independent adviser, paid only by the buyer, is the party for whom this is structurally true.
- 11
At least one party in the transaction whose income is contingent only on the quality of advice given, not on the deal closing.