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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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Firefox (Mozilla) users are advised to download a blank copy of the Form to be used to their computer first. The downloaded Form can then be completed, saved and printed or emailed as needed.

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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. 

The Forms are constantly being updated throughout the year so be sure to download a blank copy each time you need a new Form. 

For a summary of the changes in the new Forms click here .

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MAKE YOUR LISTING AGREEMENT BULLET-PROOF:

  • Posted 11-14-2016
  • Brokers  
  • Industry   Tips  

Five Important Clauses to Help Avoid or Control Litigation

Every yacht broker should have a carefully written Listing Agreement to help avoid a lawsuit. If a lawsuit is unavoidable, these five clauses can control the outcome.

1. Commission Clause  – It goes without saying that is important to protect your commission up front in the Listing Agreement. Doing so means more than just stating it as a percentage of the gross sales price.

As every broker knows, the hard work of marketing a yacht for sale may result in a transaction that is not strictly a purchase and sale. The commission clause in your Listing Agreement should protect your commission when your work results in something other than a traditional sale including: a trade, exchange, donation, long term charter, or stock purchase in a corporate entity that may own the yacht. Planning for these events up front in your Listing Agreement will avoid the uncertainty of whether and when you will be paid for your work.

2. Duration Clause  – The duration or term clause is also important to protecting your commission. Most Listing Agreements are exclusive-right-to-sell agreements. This means that the owner agrees to pay a commission to the listing broker during the term of the Listing Agreement regardless of whether the ycht is sold through someone else. Clearly stating when the Listing Agreement begins and ends is vitally important.

A Listing Agreement should include a specific period of time from signing that the exclusive listing will remain in effect, entitling a broker to a commission during this period of time. It should also contain language addressing termination for a material breach of the agreement after written notice and a specific time period to fix (or “cure”) the breach asserted.

Requiring the parties to provide written notice of a breach and an opportunity to “cure” before an agreement is lawfully terminated can protect the broker’s commission in the event of a dispute. Many lawsuits have been decided on the question of whether proper notice of an alleged breach had been given.

3. Integration Clause  – This clause states that your Listing Agreement is the entire agreement between the parties and supersedes all earlier negotiations, agreements, and representations. Having an integration clause can protect you when there is a dispute between an owner and a broker over whether the broker made certain promises that are not in the Listing Agreement.

In a lawsuit, people sometimes “remember” things differently. The integration clause can be used to effectively limit a party from claiming that there were promises or agreements other than what are written in your Listing Agreement. Many lawsuits have been dismissed because an agreement contained an integration clause.

4. Venue Clause  – If you can’t avoid being in litigation, you can often avoid finding yourself in litigation out of state if your Listing Agreement has a venue clause. Often, a yacht owner lives in one state, the yacht is another, and the listing broker is in yet another state. This can mean multiple possible locations for a lawsuit to be filed.

To limit the costs of defending a lawsuit in a distant location, and provide more predictability for both sides in a dispute, a Listing Agreement should contain a clause stating where all the parties must file any lawsuit relating to the Listing Agreement. This is called a venue clause.

The venue clause should contain a clear statement of the state and county where the parties are required to file a lawsuit. A well written venue clause will also contain an agreement between the parties waiving an objection to a lawsuit being filed in the agreed-upon location and state the law that will apply.

For example, for a brokerage located in Fort Lauderdale, the venue clause may provide that a both parties can only file a lawsuit in Broward County, Florida, and that Florida law would apply to any dispute. Simply put, if you are a Fort Lauderdalebased broker, and you cannot avoid a lawsuit, you would probably prefer litigating in Florida over some remote location.

5. Attorneys’ Fees Clause  – Courts in the United States apply the “American Rule” when it comes to paying for attorneys’ fees in a lawsuit. Regardless of who wins, each party is required to pay its own attorneys’ fees unless there is a statute or agreement in a contract that requires the losing party to pay. Many people defending what they believe to be an unfair lawsuit, find this rule to be unfair because even if they win, they still “lose” by having to pay the cost of their attorneys. In your Listing Agreement you can change the “American Rule” by agreeing ahead of time that the prevailing party in any dispute shall be entitled to recover its attorneys’ fees and costs.

Whether you already have a standard Listing Agreement, or you are in the process of having one written, these five clauses should always be considered. Additional clauses and concepts to bulletproof your Listing Agreement also can be found in the FYBA form Listing Agreement.

Article Author: BY ROBERT ALWINE & UMBERTO BONAVITA, Robert Allen Law

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CENTRAL LISTING AGREEMENT

This Central Listing Agreement defines the terms and conditions whereby MYERS YACHT SALES, LLC., hereafter called Broker agrees to manage the sale of the vessel described below on behalf of the undersigned owner/agent, hereafter called Owner. Vessel Name__________________________ Year _________Length_________Mfg. ______________________Model_______________ Type ________________Hull ID #___________________________________ Doc # ___________________State Reg # ________________ This agreement shall be effective for 90 days from this date and thereafter, until revoked by a 30 day written notice by either party. _____________initial Broker shall have the sole right and authority to manage the sale of the above described vessel at the Listing Price of $___________________.

1. Owner agrees to deliver the vessel in good title, free and clear of liens. The usual and customary practice for examination, water trials, bottom inspections, surveys and closing the transaction shall apply.

2. For securing a purchaser for the above-described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 10% of the sale price or $3,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES, LLC , whether the purchase is secured by Broker, or any other party, at the price and terms mentioned or at any other price and terms acceptable to the seller. Should the vessel be sold or traded after termination of this agreement, within 6 months of official notification of termination, to a party, their assigns, or controlled business entities that was procured through the efforts of Broker, or co-operating brokers, owner shall be liable for payment of the full commission. _________(initial)

3. Owner agrees to provide easy access to the vessel at all times, for the purpose of showing while not in use by the owner, to refer all inquiries of brokers or other interested parties to Broker on a timely basis; to notify Broker should the vessel be moved, or temporarily not available for showing; to allow Broker to prominently display a “For Sale” sign during the term of this agreement and to replace sign, if removed during use of vessel.

4. Broker agrees: to carefully inspect and secure complete information regarding the vessel, to provide local and national marketing information in regards to the value of the vessel in order to determine a market value, to direct concentrated efforts of the organization in bring out a sale, to advertise as deemed advisable, in local and national advertising venues, at not cost to the seller, to arrange for surveys, bottom inspections, sea trials, at the direction of the seller, to assist the buyer in arranging financing, to assist in the closing, to show the vessel as required, to promote the sale of the vessel through national electronic listing services, of which broker is a member in good standing. 5. As owners agent, Broker is authorized to accept receipt for, and hold all money paid or deposited as a binder theron and if such deposit be forfeited by the prospective buyer, Broker may retain one half of such deposit, but not to exceed the amount of the commission, as compensation.

6. Owner indemnifies and holds Broker and agents harmless against any loss, damage, theft, suit or claim arising while the vessel is being shown, handled, ferried, or in the possession of Broker, at the direction of the owner. It is specifically understood and agreed that the Broker does not assume and is not delegated, by the owner, care, custody, or control of vessel by reason of this agreement. Broker will not move the vessel from its berth without expressed approval and acceptance of these terms from the Owner.

7. Owner understands that this agreement does not guarantee a sale, but it does guarantee the Broker will make and earnest and continued effort to sell the vessel until the agreement is terminated.

8. In the event of any dispute, claim, questions or disagreement arising out of our relating to this agreement or the breach thereof, the parties herto shall use their best efforts to settle such disputes, claims or disagreements. To this effect, they shall consult and negotiate with each other, in good faith, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within 60 days, then upon notice by either party to the other, disputes, claims or differences shall be finally settled by the laws applicable in the State of Florida.

9. Owner acknowledges having understood the terms of this agreement and receipt of a signed copy, that this document represents the entire agreement of the parties, that no other representations, warranties, guarantee of sale or promises of any kind have been made to me other than those set forth herein, and that this agreement is binding on all heirs, executors, successors, and assigns of Owner and Broker.

_______________________________________________ Myers Yacht Sales, LLC Licensed Florida Yacht Broker

Date _________________________________

Owner’s Signature _______________________________________________ Owner’s Printed Name _____________________________________________ Owner’s Address _________________________________________ _______ Date _________________________________ ________________________________________________ Owner’s Home Phone ______________________Cell ___________________ Work Phone ______________________ Email _________________________

Copyright 2020 Myers Yachts.  All Rights Reserved.

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CENTRAL LISTING AGREEMENTThis Central Listing Agreement defines the terms and conditions whereby MYERS YACHT SALES, LLC., hereafter called Broker agrees to manage the sale of the vessel described below on behalf of the undersigned owner/agent, hereafter called Owner.Vessel Name__________________________ Year _________Length_________Mfg. ______________________Model_______________Type ________________Hull ID #___________________________________ Doc # ___________________State Reg # ________________This agreement shall be effective for 90 days from this date and thereafter, until revoked by a 60 day written notice by either party. _____________initial Broker shall have the sole right and authority to manage the sale of the above described vessel at the Listing Price of$___________________.1. Owner agrees to deliver the vessel in good title, free and clear of liens. The usual and customary practice for examination, water trials, bottom inspections, surveys and closing the transaction shall apply.2. For securing a purchaser for the above described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 6% of the sale price or $2,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES, LLC, whether the purchase is secured by Broker, or any other party, at the price and terms mentioned or at any other price and terms acceptable to the seller. Should the vessel be sold or traded after termination of this agreement, within 6 months of official notification of termination, to a party, their assigns, or controlled business entities that was procured through the efforts of Broker, or co-operating brokers, owner shall be liable for payment of the full commission. _________(initial)3. Owner agrees to provide easy access to the vessel at all times, for the purpose of showing while not in use by the owner, to refer all inquiries of brokers or other interested parties to Broker on a timely basis; to notify Broker should the vessel be moved, or temporarily not available for showing; to allow Broker to prominently display a “For Sale” sign during the term of this agreement and to replace sign, if removed during use of vessel.4. Broker agrees: to carefully inspect and secure complete information regarding the vessel, to provide local and national marketing information in regards to the value of the vessel in order to determine a market value, to direct concentrated efforts of the organization in bring out a sale, to advertise as deemed advisable, in local and national advertising venues, at not cost to the seller, to arrange for surveys, bottom inspections, sea trials, at the direction of the seller, to assist the buyer in arranging financing, to assist in the closing, to show the vessel as required, to promote the sale of the vessel through national electronic listing services, of which broker is a member in good standing.5. As owners agent, Broker is authorized to accept receipt for, and hold all money paid or deposited as a binder theron and if such deposit be forfeited by the prospective buyer, Broker may retain one half of such deposit, but not to exceed the amount of the commission, as compensation.6. Owner indemnifies and holds Broker and agents harmless against any loss, damage, theft, suit or claim arising while the vessel is being shown, handled, ferried, or in the possession of Broker, at the direction of the owner. It is specifically understood and agreed that the Broker does not assume and is not delegated, by the owner, care, custody, or control of vessel by reason of this agreement. Broker will not move the vessel from its berth without expressed approval and acceptance of these terms from the Owner.7. Owner understands that this agreement does not guarantee a sale, but it does guarantee the Broker will make and earnest and continued effort to sell the vessel until the agreement is terminated.8. In the event of any dispute, claim, questions or disagreement arising out of our relating to this agreement or the breach thereof, the parties herto shall use their best efforts to settle such disputes, claims or disagreements. To this effect, they shall consult and negotiate with each other, in good faith, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within 60 days, then upon notice by either party to the other, disputes, claims or differences shall be finally settled by the laws applicable in the State of Florida.9. Owner acknowledges having understood the terms of this agreement and receipt of a signed copy, that this document represents the entire agreement of the parties, that no other representations, warranties, guarantee of sale or promises of any kind have been made to me other than those set forth herein, and that this agreement is binding on all heirs, executors, successors, and assigns of Owner and Broker.

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What A Yacht Broker Can Do For You

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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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Listing Agreements

We will save you time, money and mistakes on your next boat.

All About Listing Agreements Anchor Yachts offers five different kinds of listing agreements so that you can list your boat for sale with us according to your own needs. While we market all of our listings aggressively, we naturally make extra efforts for our central and exclusive listings:

1) CENTRAL LISTING: The most convenient and most effective way to list your boat for sale is to let us handle everything under a Central Listing. This means Anchor Yachts is the only agent offering the boat for sale. We will field all inquiries for your boat, both from potential buyers and from other yacht brokers. You don’t have to do a thing. Also, since we are only permitted to post Central Listings on the premier MLS web sites, a Central Listing is by far the most effective way to make your boat available to every other yacht broker in the country (and around the world), as well as to the general public. Finally, because people who centrally list their boats with us have made a commitment to letting us sell their boat, we naturally feel duty-bound to give our Central Listings maximum exposure and special attention.

2) LIMITED CENTRAL LISTING: If you plan to also try to sell the boat yourself, then a Limited Central Listing is the way to go. Very few other yacht brokerages even offer a Limited Central Listing status. This names us as the only yacht brokerage offering the boat for sale, but you can sell the boat yourself. If you do find a buyer yourself, we will still assist with all other phases of the sale including writing up the Yacht Purchase and Sale Agreement, providing escrow services for deposits, etc., assisting the Buyer with financing if desired, assisting with survey and sea trial arrangements, and overseeing and assisting with the closing process including Buyer insurance and documentation needs. In such a case, our commission would be only 5% instead of the standard 10%. If we only write up the Vessel Purchase and Sale Agreement, and provide escrow services, our commission will be only 4% of the gross selling price of the vessel. We are still able to post Limited Central Listings on the premier MLS web sites, since we are the only yacht brokerage with the listing.

3) EXCLUSIVE CENTRAL LISTING: This is like the Limited Central Listing above. We would still be the only yacht broker offering your boat for sale. However, if you sell the boat yourself, you choose that we do NOT assist with all other phases of the sale including writing up the Yacht Purchase and Sale Agreement, providing escrow services for deposits, etc., assisting the Buyer with financing if desired, assisting with survey and sea trial arrangements, and overseeing and assisting with the closing process including Buyer insurance and documentation needs. In such a case, you would not owe us any commission if you were to sell your boat yourself. If you really intend to aggressively market your own boat and don’t want our professional assistance in the event of a sale, this may be the way to list your boat with us.

4) EXCLUSIVE U.S. LISTING: This is like the Exclusive Central Listing above, but you would be appointing us as the only yacht broker in the United States offering your boat for sale. You may sell your boat yourself and you may also Open -List your boat for sale with other yacht brokers that are NOT in the United States. If you or your non-US broker sell your boat, we would not participate.

5) OPEN NON-EXCLUSIVE LISTING: This allows you to sell your boat yourself and also list your boat for sale with any number of other yacht brokerages. You will find that brokers do not promote Open Listings as aggressively as they do Central Listings, simply because there is a likelihood that the boat will be sold by someone else and their efforts will be wasted. An Open Listing is better than no listing at all – you will still benefit from most of our Internet marketing expertise and success – but it will limit the marketing exposure your boat can receive, which may result in a slower sale.

Please let us know which listing agreement you would like us to send you for your boat.

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The Central and Open Listing Agreements

Both Central and Open Listing Agreements are quite simple and straight forward. The differences between the two is that one (the Central) is required to enter a listing in the computerized international multiple listing service. This service through Boatwizard MLS is one of the more valuable marketing tools available to your broker. All brokerages are not members of this service, we always recommend listing with one of the 90% of brokerages who are. Gig Harbor Yacht Sales was the 1st South Sound brokerage to become a member of this MLS service.

A Central Listing Agreement is entered into with just one brokerage firm, thus guaranteeing the listing agent and listing brokerage a portion of the selling commission regardless of what brokerage house brings the buyer. Co-operative brokerage agreements are standardized within the industry and allow one brokerage to sell a listing that another brokerage has Centrally listed. In this way, the Central Listing Agreement provides a maximum marketing incentive for the listing brokerage and individual agent, and encourages the promotion of the listing to other brokerages. Thus the marketing and representation needs of the seller are best met with the Central Listing Agreement.

The Open Listing Agreement allows the seller to list the boat with multiple brokerages at the same time and sell the boat on his own. The incentive being that if one of the brokerages with the Open Listing brings the buyer, that brokerage gets the full commission. The down side is, that the listing cannot be entered into the multiple listing data base, and most brokerages will spend the lions share of their advertising budgets on promoting their Central Listings, not Open Listings. Though on the surface, it often seems the Open Listing offers the opportunity for the most exposure, the opposite is most often true. The exception to this 'rule of thumb' is with the Mega Yachts. With an Open Listing on yachts that approach or exceed the million dollar market value, most brokerages will expend a substantial marketing effort regardless of the type of listing agreement. Even as attractive as that arrangement may seem there are still some down sides. The vessel would still require a Central Listing Agreement to be listed in the Multiple Listing Service. Also, with an Open Listing Agreement the seller will have numerous listing agents and brokerages to deal with, creating opportunities for confused communication and lack of a cohesive marketing effort. Buyers that see one boat marketed by several different brokerages usually think that there is something wrong with the boat.

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How to Create a Listing Agreement

To create a Listing Agreement a.k.a. Listing Contract, go to the Inventory tab and click the Add Inventory button, as displayed below.

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2) Add Vessel Info  Click here to learn how to streamline the data entry process by importing manufacturer specifications, descriptions, and images.

3) Add Terms (ie: Listing Type, Listing Price, Contract Date, Commission, etc..)

4) Navigate to the Documents  page and click on the  Add Documents button.  

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To preview the document, check the box in front of  Listing Agreement  then click on the  View  button as shown below.

yacht listing agreement

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City in Siberian Federal District

Further information about the population structure:

Gender (C 2021)
Males508,387
Females617,308
Urbanization (C 2021)
Urban1,125,695
  • Omsk with places

Located in:

  • Omsk Oblast
  • Bahasa Indonesia
  • Slovenščina
  • Science & Tech
  • Russian Kitchen

Omsk: Western Siberia's hidden gem

A city view of Omsk. Source: Dmitry Feoktistov

A city view of Omsk. Source: Dmitry Feoktistov

Omsk was founded in 1716 when a wooden fort was constructed to house a Cossack unit in the area to protect the expanding Russian frontier from Central Asian nomadic incursions. It served various administrative functions throughout the 1800s and became infamous as a place of exile and incarceration. The city was rundown when selected as a hub for the Trans-Siberian railway in the 1890s. Many international trade companies and foreign consulates relocated here and the remnants of their offices can still be found in the city today.

The mystery of Kolchak’s gold

Omsk became the headquarters of the anti-Bolshevik white army led by Admiral Aleksandr Kolchak in 1918. In late 1918 there was a revolt in the city initiated by a leftist faction (Socialist Revolutionary Party or SPs) with 500 rebel deaths at the hands of Cossacks and Czechoslovak soldiers, a major factor in convincing the SPs to join the Bolsheviks. There is a large Soviet-era monument to the uprising at the corner of Lenina street and Broz Tito street.  

Kolchak was entrusted with a large portion of the Tsarist’s gold reserves, yet amazingly lost much of it. Supposedly 250 million rubles were lost (about $8 million at the time). Legend has it that they were buried near the village of Taiga, yet numerous excavations have turned up nothing. The area still attracts the occasional fortune seeker.

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Kolchak’s headquarters are located at what is today the  Omsk Regional Archives  at Broz Tito St., 3. Nothing shows how much times have changed as the imposing Kolchak statue that was unveiled in 2012 around the corner. The statue guards  Kolchak restaurant , a four-story culinary complex featuring a steak house, an Irish pub, a Central Asian café and an Italian eatery.  For more details on where and how to dig Kolchak's gold, see  Top Ten Mysterious Lost Treasures of Russia

Dostoevsky and the Tsar

At 1.15 million people Omsk dwarfs the region’s second largest city, Tara (population 28,000). The city is split by the River Irtysh into two sections (all places of interest are on the right bank) with downtown emanating from the River Om.

Most foreigners have heard of Omsk via writer Fyodor Dostoevsky who spent four years here as a prisoner (1849-1853). He spent most of his time in Omsk in squalor and chains and with no books besides the Bible, however, it left an indelible mark on his memory and influenced his future literary output. There is a statue of the writer in chains grasping a Bible at the corner of Partizanskaya and Spartakovskaya streets, where Dostoevsky undoubtedly stepped many times. A  museum dedicated to the author's time in Omsk  is located nearby at Dostoevskogo St. 1. The local university is also named for him.

yacht listing agreement

A view of the Assumption Cathedral, Omsk. Source: Lori/Legion-Media

Tarskaya Street is one of the city’s oldest thoroughfares. It features a monument to victims of Stalinist repressions and the Tara gates, originally built in 1792 as one of the four entrances to the Omsk fort. Nearby stands the Assumption Cathedral, one of the largest churches in Siberia. Future Tsar Nicholas II laid the first stone here in 1891 when making his way back to St. Petersburg after his Eastern journey.

In Omsk you are never more than a few steps from the village, made clear when one exits the center to the north, where most houses are wooden and roads unpaved. Stroll along Bulatova and Rabinovicha streets, a well-preserved ensemble of wooden architecture.

Omsk’s cultural heritage 

The Pushkin State Library is worth a look with busts of Russian literary figures adorning the front side of the building. At the corner under the big “M” is one of several stations of the never completed Omsk metro. Construction began in 1992, but as of 2014 the project is again dormant due to financing problems.

One of Omsk’s most famous sons is Symbolist painter Mikhail Vrubel (1856-1910). Vrubel ignored contemporary trends and focused on themes from fairy tales, demons and religious subjects and also designed a majolica frieze for the Metropol Hotel in Moscow. Omsk’s Fine Arts Museum is named for him and features a number of  his works .

yacht listing agreement

Milhail Vrubel's painting 'Demon Seated in a Garden' (1890)

Over the years a number of tourists have tripped over the monument to Stepanych. This bust of a plumber rising from a sewer was the idea of Omsk’s former mayor after a trip to Slovakia in the 1990s. Stepanych has become one of the symbols of the city.

Omsk is a hockey town, with one of the major teams,  Avangard , in the KHL, Russia’s premiere professional league. Russian champions on several occasions, check out a match at Omsk Arena. But if you can’t catch a game there’s a large kiosk featuring the team’s merchandise at the airport.

Siberian   punk, jazz and the classics

While Omsk may not be on everyone’s radar musically, it does host a  musical theater  built just after the war. The building on 10 Let Oktyabrya Street is in the form of an enormous sloping grand piano.

yacht listing agreement

A monument to Stepanych, Lenina Street, Omsk. Photo credit: RIA Novosti/Pavel Lisitsyn 

Perhaps Russia’s most famous punk band,  Grazhdanskaya oborona  (Civil Defence), was formed here in 1982. The band was active until 2008 when lead singer Yegor Letov died of heart failure at age 43. Letov is buried at the Staro-Vostochnoe cemetery. A sprawling graveyard with thousands of graves, fans should stop at the administration for help in locating his grave.

yacht listing agreement

In Russia, Omsk is known among the younger, tech-savvy generation primarily because of the “Omsk bird,” also known as Winged Doom. The origin of what became one of Russia’s most ubiquitous memes comes from a painting by German artist Heiko  Müller. One day in 2009 an Internet user posted this painting with the line, “Welcome to Omsk,” at the top. Additional versions menace viewers stating, “Don't try to leave Omsk,” and “Omsk is closer than you think.” Like many popular memes on the Internet, this one went viral and has become something like an unofficial symbol of the city.

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IMAGES

  1. Yacht Charter Agreement Template

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  2. Yacht Sales Contracts, Boat Taxes and Duties: Basic Tips

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  3. Fillable Online YACHT BROKERAGE CENTRAL LISTING AGREEMENT Fax Email

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  4. Yacht Charter Agreement Template in Google Docs, Word, Pages

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  5. FREE 10+ Boat Purchase and Sale Agreement Samples in MS Word

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  6. Yacht Rental Agreement: Complete with ease

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COMMENTS

  1. PDF YACHT BROKERAGE CENTRAL LISTING AGREEMENT

    The OWNER further agrees: 12 1. And warrants having good title and the lawful right to convey such title to the YACHT. 2. To furnish the BROKER with specifications, an inventory of the equipment to be included in the sale, a copy of the YACHT'S registration and/or Document, and photographs of the YACHT (if available).

  2. PDF YACHT BROKERAGE CENTRAL LISTING AGREEMENT

    Atlantic Cruising Yachts 312 3rd. St.Annapolis, MD 21403 410-263-2311 [email protected] P. 1 C:\Documents and Settings\TEMP\My Documents\Data\Contracts-Pricing\Brokerage\CentralListing0110.doc YACHT BROKERAGE CENTRAL LISTING AGREEMENT

  3. Contracts and Forms

    YachtCloser provides a simple and turn key approach to managing all the forms and contracts needed to operate your boat and yacht sales business. YachtCloser comes pre-loaded with over 100 different forms and contracts ready for you to start selling boats. In addition to the standard YachtCloser forms, we've also partnered with the top broker ...

  4. YBAA

    Pro-Forms Generator. 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 ...

  5. Make Your Listing Agreement Bullet-proof:

    Every yacht broker should have a carefully written Listing Agreement to help avoid a lawsuit. If a lawsuit is unavoidable, these five clauses can control the outcome. 1. Commission Clause - It goes without saying that is important to protect your commission up front in the Listing Agreement. Doing so means more than just stating it as a ...

  6. PDF Page 1 3 1 VESSEL BROKERAGE CENTRAL LISTING AGREEMENT 2 ("AGREEMENT") 3

    This AGREEMENT is binding on the OWNER's heirs, executors, successors, administrators and assigns. 66 67 G. INTELLECTUAL PROPERTY. The OWNER and BROKER hereby acknowledge and agree that the BROKER shall 68 own all rights in any and all materials that are included in and used in connection with the listing of the Vessel, including

  7. PDF Listing Agreement for Brokerage Vessel

    LISTING AGREEMENT FOR BROKERAGE VESSEL ! On this the day of , 20 , Owner grants ("Broker"), the exclusive right and authority to manage the sale of the Vessel on a multiple listing basis upon the terms below: ... days of the date of this Agreement. United Yacht Sales 110 SW Atlanta Ave Stuart FL 34994 772.463.3131 (P) 772-463-3121 (F ...

  8. PDF MARINE LISTING AGREEMENT

    currency of this agreement and the Vendor(s) arranges a valid sale or exchange during the currency of the agreement or within the Holdover Period after expiration of this agreement, the Vendor(s) agrees to pay the Broker the amount of commission set out above, payable within five (5) days following the Broker's written demand. 15. CLAIM FOR LIEN

  9. Central Listing Aggrement

    2. For securing a purchaser for the above-described vessel: Upon the sale, donation, trade or exchange of the vessel, or if it is otherwise transferred or conveyed during the term of the agreement the owner agrees to pay a commission of 10% of the sale price or $3,000.00, whichever is greater. This commission shall be paid to MYERS YACHT SALES ...

  10. What A Yacht Broker Can Do For You

    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.

  11. Listing Agreements of Anchoryachts.Com

    Anchor Yachts offers five different kinds of listing agreements so that you can list your boat for sale with us according to your own needs. While we.... (401)-246-2100 [email protected]

  12. PDF mare yacht brokerage listing agreement

    Yacht Brokerage Exclusive Listing Agreement, Prepared by MVV&MBS Ver.1.1 Page 3 of 3 The BROKER and OWNER further understand and agree that arbitration shall be the sole and exclusive forum for resolving any dispute, controversy or claim relating to this agreement and that neither party shall resort to any court except to compel arbitration,

  13. The Central and Open Listing Agreements

    A Central Listing Agreement is entered into with just one brokerage firm, thus guaranteeing the listing agent and listing brokerage a portion of the selling commission regardless of what brokerage house brings the buyer. ... With an Open Listing on yachts that approach or exceed the million dollar market value, most brokerages will expend a ...

  14. How to Create a Listing Agreement

    4) Navigate to the Documents page and click on the Add Documents button. 5) Select the Listing Agreement and click the Add button. To preview the document, check the box in front of Listing Agreement then click on the View button as shown below. To create a Listing Agreement a.k.a. Listing Contract, go to the Inventory tab and click the Add ...

  15. YachtCloser

    Value of boats with signed listing agreements $ 469,242,000 Offers currently signed. Potential to close in 30 days ... YachtCloser is the yacht brokerage industry's leading web-based contract management solution. YachtCloser provides a simple, seamless connection between buyers, sellers, brokers and yacht services through a sophisticated, yet ...

  16. PDF LISTING AGREEMENT

    All known defects have been declared. 10. owner agrees to indemnify the broker should any of the warranties, agreements and information provided, made or given by the broker or owner be incorrect or broken, to the full extent of all costs, disbursements, liabilities, and damages suffered by the broker as a result. 11.

  17. Category:Cities and towns in Omsk Oblast

    Main page; Contents; Current events; Random article; About Wikipedia; Contact us; Donate; Help; Learn to edit; Community portal; Recent changes; Upload file

  18. Coat of arms of Omsk Oblast

    Coat of arms of Omsk Oblast. On a red field there is a silver cross defaced with a wavy blue pallet, and over both in the middle is a contour of a five-bastioned fortress in red, with one bastion pointing up. The coat of arms of the Omsk Oblast in Russia were adopted 29 April 2020 by Governor Alexander Burkov. [1] [2]

  19. PDF Yacht Brokerage Central Listing Agreement

    enter into a yacht purchase and sale agreement. C. The BROKER agrees: 1. To seek prospective purchasers for the YACHT through direct promotion of the YACHT. ... In such circumstances, the BROKER shall rely on the new listing broker's listing agreement for participation in whatever commission is earned. D. Responsibility for the care, custody ...

  20. Omsk (City, Russia)

    Source: Federal State Statistics Service Russia (web). Explanation: Area figures of districts and district-level cities are calculated from geospatial data.

  21. PDF Yacht Brokerage Central Listing Agreement

    To keep corresponding brokers informed as to the price, location and availability of the YACHT. OWNER. To promptly transmit all offers to the OWNER. 6. To waive any claim to a commission due under Section B. 6, above, of this agreement should the OWNER become obligated to pay a commission to another broker with whom the YACHT is listed ...

  22. British tech magnate Mike Lynch among those missing after luxury

    The yacht, built in 2008 by the Italian firm Perini Navi, can accommodate 12 passengers in four double cabins, a triple and the master suite, plus crew accommodations, according to Charter World ...

  23. PDF Listing Agreement for Brokerage Vessel

    LISTING AGREEMENT FOR BROKERAGE VESSEL ! On this the day of , 20 , Owner grants UNITED YACHT SALES, LLC ("Broker"), the exclusive right and authority to manage the sale of the Vessel on a multiple listing basis upon ... days of the date of this Agreement. United Yacht Sales 110 SW Atlanta Ave Stuart FL 34994 772.463.3131 (P) 772-463-3121 (F ...

  24. Omsk: Western Siberia's hidden gem

    Omsk was founded in 1716 when a wooden fort was constructed to house a Cossack unit in the area to protect the expanding Russian frontier from Central Asian nomadic incursions. It served various ...