Rules for foreign flag vessels in US

Good idea. She would be a good person to talk with first.

I will have an update on this issue in about 3 weeks, there is supposedly a recent change in requirements for foreign flagged vessels customs/immigration paperwork. Will post when I have gone through the process.

Looking forward to see that. Thanks for the follow up.

...A customer of mine is looking at a floreign flagged boat in the 1M price range...

Pascal: I know you are Miami based. Be careful you are not crossing lines into brokering. Florida Dept. of Business and Professional Regulations has definitions of brokering that might differ from yours. There's some pretty sharp employees in DBPR and the penalties are steep.

Judy

We've been on the same forums long enough that I assumed you weren't diversifying, but I was passing along a helpful hint for those who might not know what they don't know.

Judy

Over the years I've had many owners and brokers offer to give me fees for helping to sell a boat or steer my people their way. I'm happy to direct a client to a broker I respect or a boat that I think would be good for them, but have a strict policy of never taking money for it because (besides legalities) I feel it would deminish my recommendations. A salesperson can be a captain, but a captain should never be a salesperson.

According to Fl DBPR, you don't even need to take money to be considered brokering. The Dept. has been known to send agents disguised as buyers to boat shows, and when they ask the boarding gal or captain the price of the vessel, they're busted for brokering.

Nuff said, just trying to shed some light on potential problems.

Judy

Crew arrested for brokering?

Come on, if the yacht is actively for sale there is usually a price on the sign and at the very least on the broker's website (if not every other broker in town).

So if a Stew, or any other crew for that matter, is graciously giving someone a tour of the vessel and honestly answers a very basic question, it is considered illegal? Where do we stop answering questions? Horsepower? Number of staterooms?

What sort of penalty might be levied against someone for stating what is already posted? Has this actually happened or is it a "could possibly happen" sort of scenario?

I'm just curious as I have apparently violated this rule many times in the past . . .

EDIT: Ken beat me to the obvious questions as I was typing. Sorry Ken.

I'd refuse bail and use a legal aid on that one. I'd save my attorney for the suit. That would mean that the new salesperson a broker hires has to refuse to even give the listing price of a boat until they've aquired their brokers license. Paid to twiddle thumbs for how long? Sounds like a good gig. In fact that would make it technically illegal for a magazine or website to post a price on a boat someone was selling unless they held a brokers license.

Hi,

I wonder how this affects the boats listed on this website for sale by non brokers? Part of the Rules is the price must be posted.

I've been to a lot of boat shows and never saw anyone dragged off in cuffs for telling someone how much a boat was listed for. I'd be interested if anyone can come up with any case law on this.

The 2008 Florida Statutes

Title XXIV
VESSELS Chapter 326
YACHT AND SHIP BROKERS View Entire Chapter

326.002 Definitions.--As used in ss. 326.001-326.006, the term:

(1) "Broker" means a person who, for or in expectation of compensation: sells, offers, or negotiates to sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the purchase, sale, or exchange of, yachts for other persons
Guess we can cancel our reservations at the gray bar hotel.

Paid to twiddle thumbs? I will take it. Brokers usually do not get paid until they sell something or one of their listings sells.

There are only two states that require licensing of brokers, Florida and California, in all other states anyone can be a broker. Also in Florida you do not need a license to sell new boats or boats less than 32 feet.

Foreign Flagged "UPDATE"

I own a US built yacht, Canadian flagged and am Canadian resident.

Miami office of Homeland security renewed my annual cruising permit without the requirement of foreign port visit and 15 day gap.

Ft lauderdale office insists on the foreign visit.Miami does not.

Miami says the key to the non foreign visit is the boat being US built otherwise, go foreign.

Apparently each office has differing rules.

I've gone over to the Bahamas for only 1 day and checked back in, in Fort Lauderdale and was issued a new cruising permit everytime on different vessels. I would walk in and check with them first, to find out the specifics.......