What are the legal duties of a skipper of a recreational boat?
- 11.09.2026
I am considering buying a second-hand commercial vessel from an overseas seller. My lawyer mentioned that unpaid debts might attach to the ship itself and follow it to a new owner. How does that work, and how do I protect myself?
Certain maritime claims give rise to a maritime lien, a claim against the vessel itself that can survive a change of ownership. Examples include claims for crew wages, salvage, damage caused by the ship and certain other claims. A purchaser can therefore acquire a ship that remains subject to liens or mortgages that the seller did not disclose. To protect yourself, conduct due diligence, including searches of ship registries for mortgages and registered interests, enquiries with the port authorities about arrests or detentions, and requests for certificates confirming no liens or claims. The sale agreement should include warranties that the vessel is free of encumbrances, an indemnity and a mechanism for payment that ensures the seller discharges any registered debts at completion. Get advice from a maritime lawyer.
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