You advertised your boat “for sale as is.” You repeat the phrase “as is” during negotiations. But is there still a chance you’ll hear from her or him again should the hull spring a leak?

Laws vary from state to state, but for most vessel sales, a handshake does not constitute a transaction. It’s likely that boats (and trailers) need a bill of sale or a similar transfer-of-title certificate in order to be registered by the new owner. All elements required by law must be covered, including declarations that the seller is the true and lawful owner of the transferred property and that there are no liens or judgments against the goods.

Selling a boat “as is” indicates you want nothing at all to do with both buyer and boat once the transaction concludes. An attorney will draft a personalized bill of sale for you, or you may choose to modify a pre-printed form to cover the terms of your individual transaction, making sure to let the buyer know the finality of the deal (you cannot state “as is” too many times).

The bill of sale should clearly state that no express or implied warranties or representations have been made by the seller; that the buyer, after having both the opportunity to inspect and the choice to bring in a surveyor, mechanic, and/or other expert, is satisfied with the condition; that the seller has no liability to the buyer; and the buyer will not look to the seller for any reason. Both parties must sign and date at least two duplicate originals.

Including such a boatload of language in a bill/certificate usually shields the average good faith seller from a successful claim. However, no language protects a seller who has engaged in deception or concealed defects, so be upfront before you wave goodbye.

This article should not be construed as legal advice; please consult with your own lawyer before entering into any transaction.