Lawyer Specialized in Disputes Concerning Vessel Sales
The sale or purchase of a vessel—whether a pleasure yacht, commercial ship, or high-value custom craft—is a complex operation, often involving multiple stakeholders, significant capital, and intricate technical specifications. Unfortunately, disputes may arise after delivery, especially when latent defects or non-conformity with contractual or regulatory standards come to light. At Marty Legal, we provide shipowners, buyers, sellers, builders, and repairers with expert legal support in resolving such disputes, grounded in our advanced knowledge of maritime law and deep technical understanding of vessel construction, compliance, and financing. Whether the issue stems from a concealed structural defect or a mismatch between the contractual specification and actual delivery, our firm acts swiftly and strategically to enforce legal guarantees, preserve rights, and minimize financial exposure. We are particularly skilled in correlating vessel sale agreements with their underlying financing instruments (leasing, LOA), ensuring that legal remedies remain effective even within layered contractual frameworks.
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Legal Actions Concerning Latent Defects in Vessels
Latent defects, those not apparent at the time of sale, are a common source of litigation in vessel transactions, with significant financial and operational consequences for buyers. Marty Legal assists clients at every stage of such disputes, whether asserting a buyer’s right to invoke the legal guarantee of latent defects (garantie légale des vices cachés) or defending a seller, shipbuilder, or repairer against unfounded claims. Our technical understanding of marine engineering allows us to identify whether the defect is inherent, hidden, and sufficiently serious to trigger legal remedies under Articles 1641 et seq. of the French Civil Code.
For example, we recently represented the buyer of a second-hand yacht whose hull developed serious osmosis several months post-sale. Through expert coordination with a naval architect and marine surveyor, we established that the defect predated the transaction, thereby enabling legal action against the seller. We successfully negotiated a settlement covering repair costs and partial reimbursement. Our rigorous approach ensures that liability is properly attributed and that our clients are fully protected under French and international maritime sale law.
Disputes Concerning Non-Conformity with Sale Agreements or EU Regulations
Vessel compliance disputes often arise from either contractual non-conformity or regulatory breaches—especially in the context of new builds or imported pleasure craft. Marty Legal provides comprehensive support to vessel purchasers and manufacturers in assessing, identifying, and resolving such non-conformities. Our firm is particularly familiar with the EU Directive 2013/53/EU on recreational craft and personal watercraft, including the obligation to issue and respect a Declaration of Conformity (EC certificate).
In practice, we have advised clients who purchased vessels advertised as CE-compliant, only to discover during registration or use that essential standards (e.g. stability, buoyancy, emissions) had not been met. In such instances, we act swiftly to trigger remedies—ranging from rescission of sale and compensation claims to formal proceedings against the manufacturer for failure to comply with conformity assessment procedures. On the manufacturer’s side, we also assist in preparing compliance documentation and managing disputes arising from post-sale regulatory checks. Our dual understanding of private contract law and public regulatory compliance positions us to resolve disputes effectively and efficiently.
Technical Representation in Amicable and Judicial Expertise Proceedings
Disputes over vessel defects or non-conformity often require detailed technical evaluation—either through amicable expertise (expertise amiable) or formal court-appointed expert proceedings (expertise judiciaire). Marty Legal maintains a trusted network of maritime experts, including naval architects, surveyors, and marine engineers across France and internationally, enabling us to represent our clients with confidence and credibility in all expert-driven procedures.
We provide strategic legal guidance throughout the expert phase: drafting terms of reference, participating in expert site visits, challenging unfounded technical conclusions, and ensuring that all procedural safeguards are respected. In a recent case, we represented a client involved in litigation over an engine failure on a leased commercial vessel. The opposing party alleged improper use, but our expert evidence proved a latent manufacturing fault. The judicial expert concurred, resulting in a court order for full reimbursement of damages and termination of the lease agreement. Marty Legal’s combined legal and technical command ensures that your position is powerfully defended, whether through negotiation or litigation.
Protect Your Maritime Investment with Strategic, Technically-Informed Legal Representation
By entrusting Marty Legal with your vessel sale dispute, you gain a legal team that combines litigation prowess with technical fluency—securing your interests with precision, depth, and strategic foresight.
A vessel sale is never risk-free. We combine legal rigour and technical insight to resolve disputes decisively and protect our clients' maritime interests.
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