Obligations and guarantees in the sale of recreational boats

Buying a boat, whether new or second-hand, involves a significant investment. For this reason, it is essential to know what guarantees apply to you, what your rights are as a buyer, and what obligations the seller has depending on the type of transaction.

Below, we explain the legal differences between buying from a private individual or a nautical company, and the coverage that a new boat should provide.

Guarantees When Buying a Second-Hand Boat

WHAT GUARANTEE SHOULD THE SELLER OF A USED BOAT OFFER ME?

The guarantee for a used boat depends on who the seller is: a private individual or a professional nautical company.

1. Buying a boat between private individuals: When both buyer and seller are private parties, the transaction is governed by the Civil Code of 1889. In this case:

- The maximum guarantee is 1 year, unless both parties agree otherwise (including the possibility of agreeing that there is no guarantee, which is legal under Article 1485 of the Civil Code).
- During the first 6 months, it is presumed that any defect already existed at the time of sale.
- From 6 months to 1 year, the burden of proof shifts, because it's the buyer who must prove that the defect was a hidden fault present before the sale. If the buyer cannot prove it, the repair costs fall entirely on them.
- In summary: Legal protection for buyers in private sales is limited.

2. Buying a second-hand boat from a nautical company: When the seller is a professional in the sector (shipyard, nautical company, broker, etc.), the transaction is governed by the General Law for the Protection of Consumers and Users. This provides significant advantages for the buyer:

- The guarantee can never be less than 1 year.
- All problems that arise during that period must be covered by the seller.
- The responsibility of proving that a defect is due to misuse by the buyer falls on the professional seller.
- In summary: In this case, the buyer is much more protected, and the transaction offers greater legal security.

Minimum Guarantee When Buying a New Boat

If you are buying a completely new boat, the legal guarantee is even greater.

3-YEAR GUARANTEE FOR NEW BOATS

Since January 1, 2022, any new boat comes with a minimum legal guarantee of 3 years, provided that:

The buyer follows the maintenance requirements established by the manufacturer.
Official inspections are carried out as indicated in the boat’s manual.

Repairs are managed directly by the shipyard manufacturer, and the distributor must clearly explain the guarantee conditions.

Important: This guarantee cannot be less than 3 years under any circumstances, as established by the General Law for the Protection of Consumers and Users.