Brokerage Consulting and Representation

Many of the clients of Weil & Associates are California Yacht Brokers. David Weil is the only attorney in California to hold a Yacht Brokers License, and he is the only attorney in the United States to be recognized as a Certified Professional Yacht Broker. He is former Legal Counsel to the California Yacht Brokers Association and a very active advisor to the CYBA Board of Directors. He was the principal author of the 2005 revision of the CYBA Form Contracts, and he works closely with the Yacht and Ship Division of the California Department of Boating and Waterways. In short, he probably knows the brokerage business better than any other practicing attorney.

Yacht Brokers face a wide range of legal issues, sometimes involving litigation, but frequently in the area of avoiding litigation. Mr. Weil lectures frequently on the subject of "litigation avoidance" and he has spoken on this issue several times at the annual CYBA Law Seminar. "Litigation avoidance" begins, of course, with fair and honest business practices, but even the best brokers may run into problems from time to time. In our experience, these problems are generally the consequence of a communication problem with a client or another broker. And, the most common source of a communication problem is an inadequate form contract. We therefore encourage the use of the CYBA form contracts, but if there is some reason that a broker finds those contracts unacceptable we will be pleased to draft a set of custom forms.

Brokers are frequently heard to complain about the length of the CYBA form contracts, but much of the broker litigation that we have seen would have been avoided if a better contract had been used. These complaints are even more surprising when compared to the forms used in real estate transactions. The Purchase Agreement form used by the California Association of Realtors is 8 pages in length, with a fairly small sized font used on those pages and with a set of accompanying forms that is beyond description. These agreements are used universally throughout the State of California. In contrast, the CYBA forms are considerably shorter and less complicated than their real estate counterparts. Considering that the purchase price of a quality yacht may easily exceed the price of a home, it is surprising that many yacht brokers are content to use a two page form that has been pasted together by the broker himself. Brokers frequently justify this approach by noting that they have never been sued. Our response is that the next lawsuit is just around the corner.

Other litigation avoidance practices - - - and other areas where we represent brokers in litigation - - - concern a broker's dealings with marine surveyors, sales and property tax issues, commission splits, and trust and deposit accounting. We can help in all of these areas. We are also available to assist with the purchase or sale or incorporation of your business, and all other areas of the operation of your business. Give us a call. We look forward to working with you for the success of your brokerage.