THE EYB COUNTRY GUIDES · France
Agree the fee trigger, authorised expenses and accounting terms before appointing a French yacht intermediary.
Yacht broker commission France should be assessed against the intermediary's actual appointment, not a percentage guessed from other advertisements. The Civil Code sets out the mandate framework, including remuneration promised, reimbursement, authority and accounting. It does not supply a compulsory yacht commission percentage in the text opened here. The practical objective is a clear agreement showing what work the business accepts, which event makes the fee payable and who bears the authorised expenses.
This guide explains verified mandate provisions and official business checks. It does not assume that every intermediary arrangement has the same legal classification or that a failed sale cancels all agreed costs. A locally qualified lawyer should review the actual appointment where fee entitlement, cancellation or the intermediary's authority is disputed. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
Key facts at a glance
Civil Code Article 1984 defines action for and in the principal's name and requires representative acceptance.
Légifrance, updated 21 Mar 1804 ·Civil Code Article 1985 permits specified written or verbal forms and tacit acceptance through performance, subject to evidentiary rules.
Légifrance, updated 21 Mar 1804 ·Article 1999 says, absent representative fault, unsuccessful business does not alone remove the specified payment obligations or justify reducing costs because they could be lower.
Légifrance, updated 21 Mar 1804 ·Civil Code Article 1989 prohibits the representative from acting beyond the mandate.
Légifrance, updated 21 Mar 1804 ·Service Public says the directory provides downloadable National Business Register registration evidence.
Service Public, updated 10 Oct 2025 ·Section 1
The Civil Code defines a mandate (mandat) as power given to someone to act for the principal and in the principal's name. The arrangement forms through the representative's acceptance. Start the fee discussion by identifying the client and the service accepted. As practical advice, ask whether the intermediary only introduces parties or also represents the owner in negotiations. A commission proposal should refer to the actual job and legal business rather than assume that a yacht-brand name explains the authority being granted.
The Code's mandate default is gratuitous unless the parties agree otherwise. For a remunerated yacht service, specify the fee formula and payer in the appointment. The Code also requires payment of remuneration promised under the mandate framework. This guide does not turn those provisions into a yacht-specific percentage or a statutory sale-success trigger. As practical drafting advice, state the intended trigger expressly and align it with the sale conditions instead of assuming the word commission settles the timing.
The mandate framework permits different forms, including a private instrument or letter, and recognises tacit acceptance through performance. That flexibility is a reason to preserve clear evidence, not a reason to avoid written terms. As practical client advice, keep the signed appointment and accepted fee proposal with the correspondence defining the work. If an intermediary says an informal message created a payment obligation, obtain local advice on the actual agreement and proof rather than applying a guessed yacht-broker convention.
Broker tip: Ask for the fee formula, payer and trigger in one accepted appointment. Keep it beside the actual sale conditions so commission timing is explicit rather than inferred from the business label. See also our guide on what a yacht broker agreement in France should say.
Boat sale contract with a legal stamp.
Mandate and acceptance
Section 2
The Civil Code requires the principal to reimburse advances and expenses incurred for performing the mandate. It also says that, without fault attributable to the representative, failure of the transaction does not alone excuse the specified reimbursement and payment obligations. Do not assume a failed yacht sale automatically leaves no bill. As practical appointment advice, list approved expense categories, agree how approval works and request supporting receipts. Read the remuneration trigger separately rather than interpreting every expense as part of success commission.
The mandate rule prevents reduction of the amount of advances and expenses merely because they could have been lower, where the statutory no-fault condition applies. Practical cost control therefore belongs in the appointment before expenditure occurs. Ask for approval of proposed advertising, travel or other service items the client intends to control. This is drafting advice, not a claim that the Code publishes a standard yacht marketing budget. Keep the accepted expense instructions with invoices and any later authorisation.
The Code addresses losses incurred during management without imprudence attributable to the representative and interest on recorded advances from the date they were made. Those are separate obligations under the mandate framework, not a published brokerage fee schedule. As practical advice, ask the intermediary to distinguish commission, advances, expenses and any claimed management loss in its statement. A locally qualified lawyer can then assess each item against the agreement and statutory conditions rather than review an unexplained total labelled brokerage.
Broker tip: Approve expense categories before work begins and retain authorisations. Ask the closing statement to separate commission, advances, receipts and other claims so each item can be checked against the appointment. Readers often go on to our guide on what it costs to sell a boat in France.
Signing a boat purchase agreement.
Advances and expenses
Buying or selling a boat in France and want a second opinion? Speak to one of our brokers.
Section 3
The Civil Code says a mandate in general terms covers administrative acts; acts of disposal require express authority. It also prohibits acting beyond the mandate. A yacht owner should therefore separate authority to market from authority to commit the sale. As practical advice, define the asking-price instruction, offer approval and any power to sign in the appointment. The commission clause should not be read as a substitute for an express authority the actual proposed act requires under the mandate framework.
The principal is bound by commitments made within the authority granted and by acts beyond it only where expressly or tacitly ratified. Practical fee planning should make owner approval traceable. Ask the broker to retain submitted offers and the owner's acceptance or refusal, and record any change in instructions. This guide does not decide the legal effect of an individual email or ratification. It explains why the appointment, approval record and claimed transaction should be reviewed together where authority or fees are disputed.
The Code requires the representative to account for management and for everything received under the authority. Ask for a closing statement showing the price, authorised deductions and remitted balance. As practical advice, keep the commission invoice distinct from the account of buyer funds or seller proceeds. The accounting duty does not establish a compulsory insured client-money scheme. If the intermediary will receive a deposit, examine the separate holding agreement before assuming that the fee appointment adequately explains release or refund. No compulsory yacht-specific commission percentage, minimum fee or official yacht tariff verified. The actual intermediary contract requires legal classification; mandate rules are scoped to a mandate and not presented as every broker's automatic success-fee regime. For these, email us at info@europeanyachtbrokers.com for the latest information.
Broker tip: Keep the owner's offer approvals beside the appointment and require a separate closing account. Review any deposit-holding terms independently so commission deductions and fund release follow agreed instructions. Our guide on whether to use a yacht broker or a dealer in France covers a related point.
Broker and buyer shaking hands on a pontoon.
Express disposal authority
Civil Code Article 1988 limits general mandate terms to administration and requires express authority for disposal or other ownership acts.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1989 prohibits the representative from acting beyond the mandate.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1998 binds the principal within granted authority and beyond it only through express or tacit ratification.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1993 requires accounting for management and everything received under the representative's authority.
Source: Légifrance, updated 21 Mar 1804Section 4
Service Public describes the official business directory as a way to verify public legal information using the business's identification details. It permits searches by SIREN or SIRET identifiers as well as business name and other criteria. As practical fee checks, ask for the entity's full legal identity before appointment. Compare it with the proposed invoice issuer. The registry information identifies a business; it does not prove that the business earned a particular yacht commission or can hold funds with the protection advertised.
The directory also lets the reader download evidence of registration in the National Business Register (Registre national des entreprises, RNE). Service Public explains that a K or Kbis extract proves registration in the Commercial and Companies Register (Registre du commerce et des sociétés, RCS). Ask for the appropriate evidence rather than demanding a document unsuited to the business's legal form. Practical review should keep the register record with the accepted appointment and invoice, so the payment recipient can be checked against the contracting entity.
The official guidance distinguishes a K extract for individual businesses from Kbis evidence for commercial companies. That helps interpret the identity information provided by the intermediary. As practical advice, ask for an explanation where the appointment, invoice and bank beneficiary name different entities. Keep the answer in writing and obtain local advice if authority remains unclear. This guide has not verified a yacht-specific compulsory commission tariff or a licence rule that can be inferred simply from the company's registration document.
Broker tip: Match the legal entity in the official business record to the appointment and invoice. Resolve a different account beneficiary before payment and retain the explanation alongside the agreed fee terms. A related question is answered in our guide on boat valuation in France.
Broker photographing a boat for sale.
Official business lookup
Practical support
Peter Mattey is a yacht broker at European Yacht Brokers with a BA in Law. He is not a French lawyer: for French law and tax we refer you to a locally qualified adviser. What we can do is help you plan the transaction, put the right questions to the other side and spot gaps in the paperwork before you commit.
If you are buying or selling a boat in France, tell us about the boat and the area through the enquiry form on this page and a broker will reply. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
The handover of a boat at the dock.
Your questions
No yacht-specific compulsory percentage was verified in the official sources opened here. The mandate framework addresses agreed remuneration and reimbursement rather than publishing a yacht tariff. Ask for the actual fee formula, payer and payment trigger in the appointment, and request an official instrument where a business claims a mandatory rate. Do not substitute a guessed industry percentage for the agreed service. [Légifrance]
No automatic cancellation follows from failure alone in the mandate provisions described here. The Code addresses reimbursement and promised remuneration under its no-fault conditions. The actual fee trigger and expense authorisations still need examination. Ask for each claimed item to be separated and supported by the appointment, instructions and receipts before accepting an unexplained final total. [Légifrance]
A mandate in general terms covers administration under the Code, while acts of disposal require express authority. Ask the appointment to define the intended signing and offer-acceptance powers separately from marketing work. A locally qualified lawyer should assess the actual act and wording; the commission clause alone does not explain every power needed to conclude the yacht transaction. [Légifrance]
Yes, under the mandate framework the representative must account for management and everything received under its authority. Ask for a statement of receipts, authorised deductions and remittance alongside the commission invoice. That accounting duty is not evidence of an insured escrow or protected client-money scheme, so deposit-holding terms need their own review before payment. [Légifrance]
No. Official K/Kbis or RNE evidence identifies the registered business; the appointment and transaction records address the claimed remuneration. Compare the legal entity with the invoice and account beneficiary, then examine the fee trigger and authorised work. Registration proof should remain separate from any claim that a particular yacht commission or fund-holding service has been officially approved. [Service Public Entreprendre]
This guide only includes facts checked against official sources. For anything it does not cover, email us at info@europeanyachtbrokers.com for the latest information, and ask a locally qualified adviser to confirm the position for your own boat.
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Civil Code mandate rules on authority, fees, duties, accounting and ending.
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Commercial-register K/Kbis evidence and RNE registration evidence.
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