
04
The acquisition process
From shortlist to closing. Surveys, sea trials, VAT regimes, flag choice, and the five most common pitfalls.
Once the decision to buy is made and the adviser team is in place, the acquisition is a 12 to 24 week sequence with a small number of decision points where most consequential errors are made.
The shortlist
Most first-time buyers see 12 to 30 yachts before shortlisting three to five. The visit phase is where brokers add genuine value: they have walked the inventory and know what is rough and what is tight. It is also where they extract budget, intended use, decision timeline, and family involvement that will shape every subsequent recommendation.
Two disciplines protect the shortlist. First, do not disclose budget to anyone paid contingent on a sale closing. Disclose use case, size band, and propulsion preference; let the broker fit yachts to the use case. The budget conversation belongs with the independent adviser. Second, walk yachts with the independent adviser alongside the broker; the independent adviser is looking for things the broker is not paid to find.
The shortlist should be three to five yachts, ideally from at least two brokerages. A shortlist drawn entirely from a single broker's central-agency book is narrow by definition. The independent adviser can run a parallel scan against the entire market.
Boat shows are part of the visit phase, not the closing phase, and brokers say so on the record. Will Christie at the Palm Beach show in April 2026:
In almost 25 years in the industry I've only ever sold two boats directly off a boat show. The life of a broker is one of almost constant disappointment.
The closing happens offline, in the weeks after the visit, with the buyer's advisers in place. A buyer who has signed an MOA in the closing hour of a boat show has typically signed under the seller's discipline, not their own.
Pre-purchase survey
The pre-purchase survey is the single most consequential piece of due diligence in the acquisition, and the one most commonly compromised by a buyer in a rush, in love with the yacht, or relying on the seller's most recent class survey.
A proper survey on a 40m yacht runs 4 to 7 days afloat plus haul-out, costs USD 25,000 to 60,000, and involves an independently-engaged surveyor (not the broker's), a class society inspector where applicable, and a paint, electrical, and mechanical specialist as scope demands. Recognised surveyors include Wolfson Marine, Ward & McKenzie, Patton Marine, Winterbothams. The independence test applies: if the broker recommended the surveyor, the surveyor is not independent.
What the survey catches: corrosion, structural issues, paint condition, mechanical wear, electrical compliance, generator and HVAC condition, hull damage history. What it commonly misses: forthcoming class survey costs, latent design defects masked by patch repairs, hidden system modifications, and the full maintenance history.
The surveyor produces a report with deficiencies categorised by severity. The buyer has three options: walk away, renegotiate, or proceed. The disciplined response is to renegotiate; every deficiency the survey did not catch is one the buyer will discover and pay for after closing.
The survey is the moment at which the asymmetry between buyer and seller is most acute. Inexperienced buyers spend it reassuring themselves. Disciplined buyers spend it negotiating.
Sea trial
The sea trial happens after the survey, typically on the same yard visit. Standard MOA terms allow 4 to 8 hours at the seller's expense. The buyer brings their own captain candidate, surveyor, and a chief engineer where propulsion is central to the use case.
The surveyor tests whether the boat matches the specification. The captain tests whether she handles the way she'll need to handle at three in the morning, in weather, with a tired crew.
What is being tested: handling, stability, vibration, noise at various engine loads, anchoring and ground tackle, navigation and comms, autopilot and control systems, comfort underway, and any failure mode the survey did not catch. Common failures: vibration at certain RPM bands, poor noise insulation in master cabin underway, unmaintained navigation electronics, stabilisers that work at one heel angle and not another.
If the trial reveals issues, the renegotiation continues. If not, the next step is closing.
VAT, flag, and registration
Two procedural choices shape the cost of ownership over the next decade and are commonly made under time pressure at closing without proper analysis.
Value-added tax (VAT) regime. The default is full VAT on purchase: 20 percent in France, 21 percent in Spain, 22 percent in Italy. On a EUR 4 million yacht the bill is EUR 800,000 to EUR 880,000. Three legitimate alternatives reduce or eliminate this.
The French Commercial Exemption (FCE) eliminates VAT entirely if six conditions are met (commercial registration, full-time crew, length above 15 metres, more than 70 percent of voyages exiting French waters, less than 50 percent static charters). Spanish Inward Processing Relief suspends 21 percent VAT on refit works for non-EU flagged yachts within an 18-month admission window. The Maltese leasing scheme reduces effective VAT to 5.4 to 6.12 percent on yachts over 24 metres. Italian leasing has been largely curtailed by EU infringement proceedings.
Each option carries compliance burden. None should be selected on the broker's preference. Hill Dickinson, Watson Farley & Williams, Ince, Stephenson Harwood, and Reed Smith all publish on the comparative analysis. Your independent adviser engages one of those firms; not the broker's preferred counsel.
Flag state. Major options are Cayman Islands, Marshall Islands, Malta, and the Red Ensign Group jurisdictions (UK, Isle of Man, Bermuda, Gibraltar, BVI, Cayman, Jersey, Guernsey, and others). The choice depends on owner residence, intended cruising area, charter intent, financing requirements, and the family office's broader structuring preferences. Cayman and Marshall Islands dominate the over-30m segment.
The technical baseline is the yacht code. The UK MCA Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels (LY1, 1997) was rebranded as the Red Ensign Group (REG) Yacht Code in 2017 after successive revisions. Malta published its first national yacht code in 2006; the Marshall Islands followed in 2013. All three have been updated within the last two years to incorporate SOLAS Alternative Design and Arrangements (ADAs), the route by which innovative designs and alternative fuels (methanol, hydrogen, hybrid configurations) reach certification. Phil Noad of Cayman Registry argues that a harmonised IMO yacht code would not serve the segment; the dynamic competition between national yacht codes is what allows new technology to reach delivery ahead of IMO timelines. The recently formed Yacht Safety and Environmental Consortium (YSEC), under the International Association of Classification Societies (IACS), is the likely vehicle for cross-flag standardisation of base rules without erasing competitive variation (Phil Noad, in The Superyacht Report, Q2 2026).
A separate UK-specific jurisdictional risk sits on top of the technical choice. The 60-metre Royal Huisman motoryacht Phi has been detained on the Thames in London since 2022 on a UK Department for Transport direction, issued shortly after the Russian invasion of Ukraine. The owner, Sergei Naumenko, has not been sanctioned by any state and has no proven political influence in Russia; the detention has outlived the Transport Secretary who issued it, multiple governments, and several legal challenges. The UK Supreme Court ruled against Phi's appeal in summer 2025; the case now sits at the European Court of Human Rights, with a separately-granted British court permission to pursue damages against the UK Treasury for an undisclosed but significant quantum. The narrow point for a buyer weighing a Red Ensign flag for a UK-domiciled hull is that the British executive has acted, and can act, on yachts whose owners do not match the public profile of a sanctioned individual; remedy through the British court system can take years (Capt. Guy Booth, in The Superyacht Report, Q2 2026).
Compliance cost on a 40 metre yacht for tax, structuring, and flag administration runs EUR 50,000 to EUR 150,000 per year, recurring opex that does not appear in the broker's headline figures.
Closing
Closing itself is procedurally straightforward. MYBA MOA signed at heads-of-terms with deposit (typically 10 percent), closing 30 to 60 days later with balance, transfer of title, delivery, and a brief acceptance period (24 to 72 hours) during which the buyer can reject for material non-compliance with specification.
The errors are upstream, not at closing. By closing, the buyer has either negotiated the right contract or has not. The right contract has clean title warranties, an inventory matching what was sold, agreed deficiencies remediated or priced, an acceptance protocol that gives time to verify, and a governing-law clause that is not the seller's home jurisdiction.
The five most common pitfalls
In rough order of frequency:
1. The seller-recommended surveyor. The broker introduces a surveyor whose work they know; the report is calibrated for the deal closing. Engage your own surveyor through your independent adviser.
2. The closing rush. Another buyer is interested, the marina slot is being lost, prices are about to move. Closing acceleration is almost always the seller's interest; three weeks of additional due diligence costs nothing and saves significantly.
3. Inadequate survey scope. The buyer accepts a quote that excludes paint, electronics, or full mechanical inspection because the seller's recent class survey "covered it." Class surveys are not buyer-side surveys.
4. VAT regime defaulted to broker recommendation. The broker's preferred structure is the one their preferred lawyer has the relationship to deliver, which may not be right for your use pattern. The VAT decision is worth a separate legal opinion.
5. Closing without a competent technical handover. The seller's captain knows the yacht; the buyer's captain (often newly hired) does not. A 3 to 5 day handover with both captains and the chief engineer present surfaces issues that a paper specification does not. Skipping it is the most expensive false economy in the acquisition.
A buyer who avoids these five will not have bought a perfect yacht; they will have bought one whose flaws they understand. That is the right standard for a first acquisition.
We put two questions to Capt. Filippakis on sea-trial discipline: what a competent captain is doing during the trial that a buyer would not see, and the failure modes he has personally found during sea trial that a survey did not catch. Answers are given on the record, lightly edited for typography.
What does a competent captain do during a sea trial that a buyer would not see? What is the captain testing for that the surveyor is not?
The surveyor tests whether the boat matches the specification. The captain tests whether she handles the way she'll need to handle at three in the morning, in weather, with a tired crew.
I want to feel how she tracks at different speeds and sea states — does she hold a heading or fight the autopilot? Rapid load changes on the engines, not steady runs at trial RPM. Full astern from cruise. Hard-over to hard-over on the steering at load.
Stabiliser response in real sea, not in port test mode. Bridge ergonomics — can a single OOW reach every alarm and override without leaving the console? What about vibration outside of critical RPM?
Does the boat actually have an operational system in place, or is it just lying abandoned awaiting sale with the minimum amount of maintenance? You shouldn't start from zero when you purchase an older hull, unless that is priced in.
The surveyor closes out a checklist. The captain is building a mental model of the boat he's about to be responsible for.
Common failure modes you have personally found during sea trial that the survey did not catch?
A few that recur:
Swell from the bow up to 30 degrees each side would create a very uncomfortable motion due to the uncommon hull shape.
Lack of soft starters that created a very distinct dimming effect to internal lighting whenever there was a heavy consumer coming online.
Only a single sea chest supplying cooling water to the main engine. Essentially zero redundancy.
Hydraulic stabilisers operating with incorrect nitrogen charge in the hydraulic accumulators — generates severe hydraulic noise in zero-speed mode that renders the system unusable with guests onboard. Passes every static pressure check. You only find it when you actually anchor somewhere and run it.
Bow thruster thermal cut-outs set for cold trial water — fine in northern Europe, nuisance trips in August Mediterranean. To reset the trip a person had to travel to the forecastle.
Excessive soot when starting generators required a person to climb on the mast and physically cap the exhausts.
Main engine would require a two-hour starting process to bring the lube oil to temperature from cold condition.
Fire pump had a common DC motor with the lube oil pump and would increase the main engine oil pressure whenever it was put in operation. Fire pump was also providing cooling water to one of the thrusters.
Both generators together couldn't supply full hotel load with both thrusters running simultaneously.
Autopilot directly connected to the steering system, without a separate FU or NFU system. If the single autopilot unit failed (e.g. a blown fuse) you had to revert to emergency steering.
Emergency generators not starting automatically — permitted under grandfather rules, but operationally unacceptable.
Negligible rudder effect when going astern unless at speeds over 2.5 knots.
Lack of a stern-to gangway, essentially forcing the vessel to berth only alongside — fewer options at higher cost.
Tender retrieval that required five to six hands on deck on a slight beam swell.
Multiple other items that could bar the vessel from attaining commercial registration in the future.
VAT regime and flag state comparison
Two procedural choices that shape a decade of ownership cost, often made under time pressure at closing without proper analysis. The legitimate options on the published record.
Headline VAT rates on yacht purchase
| Jurisdiction | Standard VAT rate | VAT on EUR 4 m purchase |
|---|---|---|
| France | 20 percent | EUR 800,000 |
| Spain | 21 percent | EUR 840,000 |
| Italy | 22 percent | EUR 880,000 |
VAT on a EUR 4 m yacht purchase, default jurisdictions
Three legitimate alternatives reduce or eliminate this exposure: French Commercial Exemption, Spanish Inward Processing Relief, Maltese leasing scheme.
Three legitimate alternatives
| Structure | Effect | Conditions |
|---|---|---|
| French Commercial Exemption | VAT eliminated on purchase | Commercial registration; full-time crew; over 15 m; over 70 percent of voyages exit French waters; under 50 percent static charter |
| Spanish Inward Processing Relief | 21 percent suspended on refit works for non-EU flagged yachts | 18 months admission window (extendable to 24); customs-site shipyard; bonded works; re-export |
| Maltese leasing scheme | Effective VAT 5.4 to 6.12 percent on yachts above 24 m | Maltese leasing structure; specific payment profile; substance requirements |
| Italian leasing | Largely curtailed by EU infringement proceedings | Rarely advisable in 2026 |
Flag state, dominant choices for 30 m+
- Cayman Islands
Red Ensign category 1; large yacht code; charter and private; widely accepted
- Marshall Islands
Open registry; favourable cost; recognised lender jurisdiction
- Malta
EU flag; commercial and private; competitive cost
- Red Ensign Group (UK, IoM, Bermuda, Jersey, Guernsey, BVI, Gibraltar, Anguilla, Montserrat, Turks and Caicos, Falkland Islands, St Helena, Pitcairn)
Common-law jurisdictions; British consular protection
Annual compliance cost on a 40 m yacht
| Category | Annual cost |
|---|---|
| Tax compliance and structuring | EUR 25,000 to 70,000 |
| Flag administration and class society fees | EUR 15,000 to 40,000 |
| Owning company maintenance | EUR 10,000 to 40,000 |
| Total | EUR 50,000 to 150,000 |
Pre-purchase survey scope, indicative
- Duration
4 to 7 days afloat plus haul-out
- Total cost
USD 25,000 to 60,000
- Lead surveyor
Independently engaged (not broker-introduced)
- Specialist add-ons
Class society inspector, paint, electrical, mechanical
- Recognised firms
Wolfson Marine, Ward & McKenzie, Patton Marine, Winterbothams
- Hill Dickinson. Comparative VAT and flag commentary.
- Watson Farley & Williams. Comparative VAT and flag commentary; shipbuilding commentary.
- Stephenson Harwood. Yacht and shipbuilding commentary.
- Reed Smith. Yacht and shipbuilding commentary.
- Cayman Shipping Registry. Large yacht code, vessel registration scope.
- MYBA Memorandum of Agreement. Standard closing template; deposit and balance terms.
- Foreland Marine project archive. Annual compliance cost ranges across managed projects.
The acquisition discipline, in fifteen items.
A reference list across the 12 to 24 week acquisition window. Most of the work is upstream of closing.
The contract is set by closing. The acquisition window is the first ten weeks. The items below are what to complete in that window.
Shortlist
A shortlist drawn from at least two brokerages, plus an independent off-market scan.
Budget shared only with the independent adviser, not with parties paid contingent on a sale.
Budget conversations are with the adviser. Broker conversations are shaped by use case.
Shortlisted yachts walked in the company of the independent adviser as well as the broker.
Pre-purchase survey
An independently engaged surveyor, with no relationship to the broker.
Wolfson Marine, Ward & McKenzie, Patton Marine, and Winterbothams are recognised firms.
Survey scope sufficient for the yacht (4 to 7 days afloat plus haul-out, USD 25 to 60 k, full mechanical and electrical, paint specialist, class society inspector).
A renegotiation, on every material deficiency the survey finds.
Renegotiation on material survey deficiencies is standard practice.
Sea trial
The buyer’s own captain candidate, surveyor, and (where relevant) chief engineer present.
Trial scope covering the failure modes the survey identified, plus stability, vibration, noise, and electronics under representative load.
Readiness to renegotiate or walk away if the trial reveals issues, rather than closing on schedule.
VAT, flag, registration
A separate written legal opinion from independent counsel on the VAT structure.
Hill Dickinson, WFW, Ince, Stephenson Harwood, Reed Smith are recognised firms.
Flag-state choice analysed against owner residence, cruising area, charter intent, financing, and family-office structuring.
Projected annual compliance cost (EUR 50 to 150 k on a 40 m yacht) included in the operating budget.
Closing
A contract with clean title warranties, an inventory matching the sale, agreed deficiencies remediated or priced, an acceptance protocol with adequate time, and a governing law clause that is not the seller’s home jurisdiction.
A 3 to 5 day technical handover with the seller’s captain, the buyer’s captain, and the chief engineer.
A closing schedule resistant to acceleration.
Closing acceleration is the seller’s interest, not the buyer’s.
The page is designed to print onto a single A4. Tick items in writing as the process progresses. File with the closing documents.
Open the printable checklistGlossary terms in this chapter
Dual agency
When a single brokerage represents both buyer and seller in a transaction. The conflict of interest is structural and may not always be disclosed in writing.
Flag state
The country under whose laws a yacht is registered. Common choices for superyachts include Cayman Islands, Marshall Islands, Malta, and the Red Ensign Group jurisdictions.
MYBA
Mediterranean Yacht Brokers Association. Publishes the standard charter agreement used across most of the Mediterranean charter market.
Pre-purchase survey
An independent technical inspection commissioned by the buyer before contract. Distinct from the seller's most recent survey and almost always worth the cost.
VAT regime
The framework under which value-added tax is paid (or relieved) on a yacht's purchase, importation, and operation. Choices include Spanish IPR, French commercial exemption, Italian leasing, and Maltese.
VAT-paid status
Confirmation that EU VAT has been settled on the yacht's hull, attaching to the asset rather than the flag. A VAT-paid yacht can move freely within the EU customs territory.
Importation
The customs procedure under which a yacht enters EU customs territory and Union customs status is granted, typically with VAT and any duty paid at the point of entry.
Temporary Admission
An EU customs regime under which a non-EU registered yacht with non-EU established owner and users can cruise EU waters for up to 18 months at a stretch without paying VAT or duty.
Spanish matriculation tax
A 12 percent registration tax levied by Spain on yachts above 8 metres used for private leisure by Spanish-resident owners. Charter use is exempt under qualifying conditions.
Yacht Engaged in Trade
A flag-state regime allowing a privately registered yacht to undertake commercial charter activity for a limited period, typically 84 days per year, in defined geographies.
Red Ensign Group
The collective UK and British Crown Dependencies and Overseas Territories ship registries operating under MCA-equivalent standards. Includes Cayman, Bermuda, Gibraltar, BVI, Isle of Man, Jersey, and Guernsey.
MOA
Memorandum of Agreement. The binding sale and purchase contract for a yacht. The MYBA form is standard in the Mediterranean and Caribbean; the IYBA form is used in the Americas.
Sea trial
An on-the-water test of the yacht under representative load, undertaken with the buyer's own captain candidate, surveyor, and chief engineer present.
Class society
A recognised organisation that surveys yachts to defined construction and maintenance standards. The major IACS members are Lloyd's Register, DNV, Bureau Veritas, RINA, ABS, and ClassNK.
SPV (Special Purpose Vehicle)
A separate legal entity established to own a single yacht, providing limited liability, clean transferability, and the structural framework for charter VAT routing.
Beneficial ownership
The natural person who ultimately owns or controls a legal entity. EU public access to UBO registers was restricted by the 2022 CJEU Sovim ruling.
Frequently asked
- How long does it take to buy a superyacht?
- The acquisition window for a brokerage hull is typically 12 to 24 weeks from offer to closing. The right work is done in the first ten weeks: shortlisting from at least two brokerages plus an independent off-market scan, pre-purchase survey by an independently engaged surveyor, sea trial with the buyer's own captain candidate present, and contract drafting under independent counsel. Closing acceleration is the seller's interest, not the buyer's; three weeks of additional due diligence costs nothing and tends to surface issues that save significantly.
- Do I need a pre-purchase survey before buying a yacht?
- Yes. A pre-purchase survey by an independently engaged surveyor is a non-negotiable acquisition discipline. Cost on a 40 to 50 metre yacht runs USD 25,000 to 60,000 inclusive of paint specialist and class-society inspector, over four to seven days afloat plus haul-out. Recognised firms include Wolfson Marine, Ward & McKenzie, Patton Marine, and Winterbothams. Renegotiation on every material deficiency the survey finds is standard practice. The seller's most recent survey is not a substitute.
- What is a Memorandum of Agreement on a yacht sale?
- The MOA is the binding sale and purchase contract. The MYBA Memorandum of Agreement is the most common form across the Mediterranean and Caribbean markets; the IYBA form is used in the Americas. Key clauses to settle with independent counsel: title warranties, inventory matching the sale, deficiencies remediated or priced, an acceptance protocol with adequate time, governing law clause not the seller's home jurisdiction, and a closing schedule resistant to acceleration. Stephenson Harwood, HFW, Hill Dickinson, Watson Farley, Reed Smith are recognised firms.
- What flag should I register a private yacht under?
- Selection depends on four things in combination: compliance, charter intent, financing, and owner residence. Cayman Islands carries the highest reputational weight, REG Category 1 with MCA-equivalent oversight. Marshall Islands offers an open registry with 84 days commercial use under Yacht Engaged in Trade or Private Yacht Limited Charter regimes. Malta is the EU flag of choice for owners who want unrestricted EU charter operation through the reformed lease scheme. Red Ensign Group includes Isle of Man, Bermuda, Gibraltar, BVI, and Cayman in Category 1; Jersey and Guernsey are Category 2 with a 400 GT cap.
“The acquisition process,” The First Owner’s Reference, 1st Edition, 2026.
Foreland Marine, “The acquisition process,” in The First Owner’s Reference, 1st Edition (2026), Chapter 04, https://firstownersreference.com/04-acquisition-process.