Yacht
Lawyers — It’s Our Specialty

A yacht purchase is often described as being like a real estate closing. The comparison is useful right up to the point where it becomes expensive.

A vessel is not recorded with a land registry. A U.S.-flagged yacht of at least five net tons is documented with the Coast Guard under 46 U.S.C. § 12103, which also requires that the vessel be wholly owned by qualifying U.S. citizens or entities and not documented under the laws of a foreign country. Those requirements shape your ownership structure before you ever reach a closing table.

Your lender’s security is a preferred ship mortgage. Under 46 U.S.C. § 31322 it only achieves preferred status if it covers the whole of the vessel and is filed in substantial compliance with 46 U.S.C. § 31321 against a documented vessel — so the documentation and the filing have to be sequenced correctly, or the security is not what anyone assumed it was.

What We Handle

We act as transaction counsel for the vessel and everything attached to it. Most clients come to us at one of three moments: they have identified a yacht to buy, they are commissioning a build, or they are selling.

Representative Matters

Our attorneys have appeared in federal and state court, before federal appellate courts, and in arbitration and administrative proceedings on maritime and vessel finance matters.

Prior results do not guarantee a similar outcome. Every matter is decided on its own facts.

Norwalk Cove Marina, Inc. v. Oil Screw Dolphin

in rem action against a vessel. U.S. District Court, District of Connecticut, 3:07-CV-0008.

William Hefner v. Van-Breems-Holland Yachts, Inc.

yacht dealer dispute. U.S. District Court, District of Connecticut, 3:02-CV-00407.

MMIF, LLC v. M/V Hornblower Hybrid

vessel dispute. U.S. District Court, District of Connecticut, 3:12-CV-00452.

Thomas A. Feigum, et al. v. Dalton Yacht

yacht dispute. U.S. District Court, District of Connecticut, 3:02-CV-1743.

Credentials And Memberships

The Maritime La Association Of The United States Founded
Yba International Yacht Brokers Association
Martindale-Hubbell AV PREEMINENT Peer Rated for Highest Level of Professional Excellence 2020
NBAA National Business Aviation Association
RATED BY Super Lawyers K. Wynne Bohonnon SuperLawyers.com

Our
Attorneys

A small bench, deliberately. You work with
the attorney handling your transaction, not
a team you never meet.

Steven A. Clark Image

Steven A. Clark

Partner
David M. Bohonnon Image

David M. Bohonnon

Of Counsel
Dean W. Baker Image

Dean W. Baker

Of Counsel
K. Wynne Bohonnon Image

K. Wynne Bohonnon

Of Counsel
Marlene Macauda Image

Marlene Macauda

Of Counsel
David Grigsby Image

David Grigsby

Of Counsel

Who We Represent

We represent clients nationwide and internationally, and we work alongside the brokers, lenders, insurers, managers and advisors already around a transaction. Much of our work comes to us from those professionals.

Owners & Buyers

  • Private & mega yacht owners
  • First-time buyers
  • Companies buying or selling vessels for business use
  • Owners commissioning new construction

Professional Advisors

  • Family offices
  • Tax & estate counsel
  • Accountants & wealth managers
  • Coordinating a client's vessel purchase

The Marine Industry

  • Yacht brokers & central agents
  • Marine lenders & finance companies
  • Yacht management companies
  • Marinas & boat yards
over 100 years of experience

What Clients & Colleagues Say

Questions We Are Asked Most

Short answers to what owners, buyers, brokers and lenders ask us most often. This is
general information, not legal advice for your transaction.

What does a yacht lawyer do that my regular attorney cannot?

A vessel transaction is governed by federal maritime law, not by the state law that governs a real estate or business closing. A U.S.-flagged yacht of at least five net tons is documented with the Coast Guard under 46 U.S.C. § 12103, which requires that the vessel be wholly owned by qualifying U.S. citizens or entities and not documented under foreign law. Your lender's security is a preferred ship mortgage under 46 U.S.C. § 31322. Suppliers can attach a maritime lien to the vessel itself under 46 U.S.C. § 31342. Most attorneys have never handled any of this. It is all we handle.

Should I own my yacht through an entity, and does the flag state matter?

Almost always yes to the first, and very much yes to the second. The ownership entity affects liability exposure, financing, tax treatment and how easily the vessel can later be sold. The flag determines which regulatory regime applies, whether the vessel can be chartered commercially, and what documentation it must carry. U.S. documentation under 46 U.S.C. § 12103 requires qualifying U.S. ownership; offshore registries such as the Cayman Islands and the Marshall Islands have their own requirements and their own advantages. These decisions are difficult and expensive to change after closing, which is why they belong at the front of a transaction rather than the end.

What is a preferred ship mortgage, and why does my lender require one?

It gives a marine lender a lien with priority over most other claims against the vessel. Under 46 U.S.C. § 31322, a mortgage is preferred only if it covers the whole of the vessel, is filed in substantial compliance with 46 U.S.C. § 31321, and covers a documented vessel or one for which a documentation application has been filed in substantial compliance with the requirements. Sequencing the documentation and the filing correctly is what makes the lender's security enforceable, and it is one of the most common points of failure in a yacht closing.

Someone filed a lien against my boat. Can they do that?

Often, yes. Under 46 U.S.C. § 31342, a person providing necessaries to a vessel on the order of the owner or someone the owner authorized has a maritime lien on the vessel and may bring a civil action in rem to enforce it. Necessaries can include repairs, supplies, towage and dockage, and notices of claim are addressed in 46 U.S.C. § 31343. Because the lien runs against the vessel rather than against a person, it can follow the boat through a sale — which is why a lien search belongs in every purchase.

What should be in a new yacht construction contract?

At minimum: a specification detailed enough to be enforceable, a milestone payment schedule tied to verifiable stages of completion, security for the payments you have already made, clear allocation of cost increases and change orders, delivery date and delay remedies, acceptance and sea-trial standards, warranty terms and duration, title transfer, and the governing law and dispute forum. On an international build, currency, escrow and the yard's own standard form all deserve particular attention — those forms are drafted for the yard.

What taxes and duties apply when I buy or import a yacht?

It depends on where the vessel is built, where it is delivered, where it will be kept and used, and how it is owned and flagged. A purchase can involve federal customs entry and import duty, state sales or use tax in the state of delivery or of principal use, and ongoing exposure in any state where the vessel spends significant time. Charter use changes the analysis again. Because more than one jurisdiction can assert a claim on the same vessel, the tax and duty question belongs in the structuring conversation, not after delivery. This is general information and not tax advice for a specific transaction.

Do you handle transactions outside Connecticut and Massachusetts?

Steven is admitted in Connecticut and Massachusetts. This answer needs to be drafted by the firm, and the same language should appear on every location page.

What does it cost to work with the firm?

Whether transactional work is billed hourly, at a flat fee by transaction type, or a blend, and whether an initial conversation is chargeable.

Do you handle injuries that happen aboard a vessel?

Yes, on a limited basis. Our litigation practice handles maritime personal injury claims, including injuries aboard yachts and cruise ships. Under 46 U.S.C. § 30106, a claim arising out of a maritime tort generally must be brought within three years of when the cause of action arose, and a passenger ticket or employment agreement can shorten that considerably.

How A Transaction Works With Us

Most clients reach us with a vessel already identified and a broker already involved. Here is what happens next.

First conversation

We review the vessel, the intended use, the ownership and flag options, and the timeline — and tell you where the real risk in this particular deal sits.

Structure and contract

We negotiate the purchase, sale or construction agreement and set up the ownership entity and flag strategy before your deposit is committed. On a build, that includes the payment schedule, escrow and refund security.

Diligence and closing

Title and maritime lien search, documentation and registry filings, the preferred mortgage if there is financing, escrow, customs entry, and closing and delivery.

 After delivery

Management, charter and crew agreements, registry and documentation upkeep, and the tax and customs questions that follow the vessel for as long as you own it.

Reach Your Destination Safely

With Bohonnon Law Firm, LLC

At Bohonnon Law Firm, our Connecticut admiralty attorneys are a fourth-generation law firm with a 100-year family tradition of legal service to the state of Connecticut, the cities of New Haven and Westport and the maritime community.

Bohonnon

Discuss Your Transaction

The earlier we are involved, the more of the risk we can take off the table — ideally before a deposit is committed or a contract is signed. If you are working with a broker, lender or family office, we are used to coordinating with them directly

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Reviewed by Steven A. Clark, Proctor, Maritime Law Association of the United States.