US Master coast guard captain and attorney
Maritime
Purchase & Sale Of A Vessel
What are the two happiest days in a boat owner’s life? The old adage is “the day you buy it and the day you sell it.” Boat owners know, that there are plenty of unforgettable experiences that happens out on the water that makes the world of boating well worth the investment. So while “Yacht” may stand for “You Are Creating Heavenly Times” ~Adam Samole
It is also true that “Boat” stands for “Bring Out Another Thousand.” Having an experienced attorney who is as passionate about boating as you are can be the difference between spelling boat with one “T” instead of two, where the saying becomes “Bring Out Another Ten Thousand.”
In Florida, it is customary for a yacht broker to take ten percent of the purchase price from the seller at closing. Even then attorneys may need to get involved due to some unforeseen circumstance that the broker may have missed. Many successful business minds, have excelled their business by cutting out the middle man. Florida Statute 326.004(3)(b), provides that a yacht broker’s “license is not required for: an attorney at law for services rendered in his or her professional capacity.” Of course since you are represented by an attorney in the transaction, you can be assured that we have you best interest at heart.
Transactions involving pleasure boats, yachts, and other types of large marine vessels can be challenging and exhausting. Taxes, regulatory documentation, financing, ownership structure, and insurance are some examples of items that should be considered before purchasing your next vessel so that your dream doesn’t become your nightmare.
Some of the services that we provide and can advise you on include:
- Purchase and sale agreements
- Review of proposed terms and conditions
- Registration and regulatory compliance
- Ownership structure
- Financing and escrow concerns
- Employment agreements
- Ownership succession plans
- Fractional ownership agreements
- Warranty claims
- Broker representation
The ability of our attorneys to work collaboratively with various practice groups and to collectively focus their efforts toward achieving each client's goals is a priceless asset. Our maritime law group works closely with lawyers from many of the firm's other practice groups to develop integrated strategies and solutions to the challenges at hand.
To discuss a potential boat purchase or another type of maritime law concern — contact us to arrange an initial consultation.
Cruise ship & Boating injury
Additional Information
If you are injured on a cruise ship you need experienced legal help whether you are a passenger or crew member. Maritime laws, consisting of both state and federal statutes, international treaties, and agreements between governments made through the United Nations govern cruise ship liabilities for injuries and death claims at sea. Common sense concepts applicable in land based situations are often different based on historic principles of the law of the seas. Jurisdiction to file a claim or lawsuit for an incident on a foreign flagged ship in international waters is often complex. Whether the country of origin of the passenger or crewman is relevant depends on multi-factorial factual and legal issues. Likewise, the flag state domicile of the vessel often impacts the determination of where a claim or lawsuit can be filed. The "contract of carriage" (ticket contract or employment contract) often limits where victim's rights can be enforced. Statutes of limitations are also much shorter, usually just one year from the incident for passenger lawsuits. Injured passengers are also required under the passenger ticket contract to provide written notice to the cruise line within six months from injury date. Complex legal issues both procedural and substantive differ significantly from common state tort laws. Admiralty and maritime laws of a foreign state law may apply even though the cruise company and the victim are based in the United States or abroad. That is why it is essential to consult experienced cruise ship lawyers in Florida at the soonest possible time to evaluate the facts and the law that apply.
