THE EYB COUNTRY GUIDES · France
Define the French yacht intermediary's accepted work, express authority, fee, reporting and ending arrangements.
Yacht broker agreement France is the service appointment between the client and the intermediary. It should explain the work accepted and the authority granted, while the yacht purchase agreement records the buyer's and seller's separate sale terms. The Civil Code mandate provisions help a client ask precise questions about representation, scope, accounting and expenses. They do not provide a universal yacht listing template or justify assuming that authority to advertise automatically includes power to complete a sale.
This guide focuses on the verified mandate framework and business-identity evidence. The actual arrangement needs classification, especially where the intermediary only introduces parties or signs in another capacity. Practical clause suggestions are identified as advice; a locally qualified lawyer should review disputed authority, exclusivity, continuing fees or cross-border contract terms. 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 mandate as authority to act for the principal and in the principal's name.
Légifrance, updated 21 Mar 1804 ·Civil Code Article 1987 distinguishes special mandates for particular affairs from general mandates for all the principal's affairs.
Légifrance, updated 21 Mar 1804 ·Civil Code Article 1989 prohibits acting beyond the mandate.
Légifrance, updated 21 Mar 1804 ·Civil Code Article 1986 makes mandate gratuitous unless otherwise agreed.
Légifrance, updated 21 Mar 1804 ·Service Public Entreprendre says K/Kbis proves RCS registration, with K for individuals and Kbis for commercial companies.
Service Public Entreprendre, updated 3 Apr 2026 ·Section 1
The Civil Code defines mandate as authority to act for the principal and in the principal's name. It forms through the representative's acceptance. Begin the yacht appointment with those identities and describe the accepted tasks. As practical drafting advice, state whether the client is a private owner, a company or a buyer seeking a yacht. Attach the boat's identifying records where the work concerns a specific sale, rather than expecting a general business name to identify the actual client and vessel.
The Code allows specified written or verbal forms, with tacit acceptance possible through performance and evidentiary limits for verbal authority. A clear written appointment is practical evidence of the arrangement even where the general mandate rule permits flexibility. Record the services, fee, expense approval and reporting route in the accepted version. Do not assume a late invoice can fill every gap. Where the parties rely on informal messages, have local advice assess what was accepted and how the agreement can be proved.
The Code distinguishes a special mandate for particular business from a general mandate. For a yacht assignment, practical clarity comes from describing the intended boat and services precisely. If the appointment concerns a buyer search, say which decisions remain with the buyer. If it concerns a seller listing, record the price instruction and how offers are reported. Avoid a broad phrase that conceals whether the intermediary has accepted only introductions, full negotiation support or another defined service.
Broker tip: Write the yacht identifiers, legal client and actual service in the accepted appointment. Keep the work description separate from the purchase terms so both documents explain their own obligations. Our guide on how much yacht broker commission is in France covers a related point.
Boat sale contract with a legal stamp.
Representation definition
Section 2
The Civil Code limits a mandate in general terms to administrative acts and requires express authority for disposal and other ownership acts. A yacht owner should identify any intended signing or sale-acceptance power expressly. As practical advice, distinguish authority to show the yacht, transmit offers and negotiate from authority to bind the owner. Ask a locally qualified lawyer to review the wording against the actual proposed acts. Do not treat a marketing appointment or a commission formula as a complete statement of sale authority.
The Code prohibits acting beyond what the mandate contains. It binds the principal to commitments made within authority, with excess acts binding only where expressly or tacitly ratified. Practical drafting should make the approval process visible. State who can change the price instruction and which communication confirms acceptance of an offer. Keep those decisions in the same file as the appointment, so an intermediary's apparent enthusiasm for a buyer is not confused with the owner's documented approval of the final terms.
The mandate framework also addresses delegation. The representative is responsible for a substitute where there was no substitution power, and in the stated case of choosing a notoriously incapable or insolvent substitute under unnamed substitution authority. The principal can act directly against the substitute. As practical cooperation advice, name the business that will report offers and arrange viewings, and explain any role accepted by another intermediary. A network of yacht businesses should not leave the client guessing who has received authority.
Broker tip: List reserved owner decisions and the people authorised to communicate them. Record price changes, offer approval and cooperating intermediaries in writing before anyone relies on a power to accept terms. A related question is answered in our guide on whether yacht brokers are regulated in France.
Signing a boat purchase agreement.
Express ownership acts
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Section 3
The Code requires the representative to carry out the mandate while charged with it and makes it responsible for damage resulting from non-performance. It also covers fraud and faults in management. As practical drafting advice, state the reporting process and the records the client expects. A useful appointment explains how enquiries, viewings and offers are documented, without inventing a statutory report frequency. Keep the promised work measurable enough for the client and adviser to compare performance with what the intermediary accepted.
The mandate default is gratuitous unless otherwise agreed, while the Code requires payment of promised remuneration and reimbursement of advances and expenses in the applicable framework. Set the actual fee and authorised expenses expressly. As practical advice, compare the payment trigger with the resulting purchase conditions and ask for receipts supporting reimbursement. The guide does not publish a mandatory yacht percentage or infer a universal success-fee rule from the mandate text. A clear agreement should answer those commercial questions for the actual service.
The Code requires accounting for management and everything received under the representative's authority. Ask the appointment to specify the closing account and records the client will obtain. As practical advice, separate buyer funds, yacht proceeds, commission and expenses in that statement. If the intermediary receives a deposit, give the fund-holding arrangement its own terms and release instructions. The mandate's accounting duty is not itself proof of account segregation, deposit insurance or a protected yacht-escrow scheme. No official universal yacht appointment template, mandatory exclusivity period or standard notice period verified. Mandate provisions are scoped to the actual representative relationship; pure introductions and other intermediary contracts require classification. For these, email us at info@europeanyachtbrokers.com for the latest information.
Broker tip: Agree the reporting and fee trigger before work starts, and require receipts for expenses. Put any deposit holding and release instructions in a separate accepted document beside the appointment. See also our guide on what goes in a boat sale contract in France.
Broker and buyer shaking hands on a pontoon.
Performance responsibility
Civil Code Articles 1991 and 1992 address mandate performance, non-performance damage, fraud and management faults.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1986 makes mandate gratuitous unless otherwise agreed.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1999 addresses promised remuneration and reimbursement of advances and expenses under its conditions.
Source: Légifrance, updated 21 Mar 1804Civil Code Article 1993 requires an account of management and everything received under the mandate.
Source: Légifrance, updated 21 Mar 1804Section 4
Service Public explains that the official business directory permits checks of public legal information and downloadable National Business Register evidence. Its K/Kbis guidance explains commercial-register proof and the difference between individual businesses and companies. As practical appointment review, use the business's legal identifiers and compare the contract party with the signatory and invoice issuer. The registration evidence identifies the entity; it does not prove that the intermediary owns the yacht or has been granted the owner's intended sale authority.
The Civil Code permits the principal to revoke the authority and recover the relevant authority document. It also says revocation notified only to the representative cannot be asserted against third parties who dealt without knowing it, subject to the principal's recourse. Practical ending advice is to record the notice and identify anyone who might still rely on the previous authority. Have local advice review the actual appointment's exclusivity and continuing-fee clauses rather than assuming revocation alone settles every contractual issue.
When the appointment changes, preserve the previous accepted terms, instructions and outstanding offers. Use those documents to agree the work that stops and any accounting still required. This is practical file management, not a statutory yacht notice period supplied by the guide. Ask the intermediary to identify unresolved expenses and funds already received, and obtain local advice where fees or authority are disputed. An official company record, a revocation notice and a closing statement address different parts of the same appointment file.
Broker tip: Check the contracting entity before signature and keep accepted versions together. When ending authority, record the notice and obtain advice on people relying on it, unpaid fees and outstanding money. Readers often go on to our guide on whether to use a yacht broker or a dealer in France.
Broker photographing a boat for sale.
Directory identity evidence
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
The general mandate provision permits verbal authority subject to evidentiary rules, and recognises tacit acceptance through performance. For practical yacht work, preserve written accepted terms identifying the client, service and payment obligations. The general rule does not establish that every specialist or cross-border arrangement has identical formal requirements, so obtain local advice where proof or classification is disputed. [Légifrance]
Do not assume it does. The Civil Code limits general mandate terms to administrative acts and requires express authority for disposal or other ownership acts. Have the actual proposed powers reviewed locally and state owner approvals clearly. The appointment should identify any intended sale-signing authority separately from listing, viewings and communication of offers. [Légifrance]
The Code binds the principal to commitments made within authority and to excess acts only where expressly or tacitly ratified. Preserve the accepted appointment and the owner's approvals so an adviser can examine the actual conduct. This guide does not decide whether a particular message amounts to ratification, but it explains why the instruction trail matters. [Légifrance]
Any intended handling should be identified, with the actual holder and separate agreed release or refund instructions reviewed before payment. The mandate accounting rule requires records of management and receipts, but does not establish a protected yacht-escrow scheme. Practical clarity means the appointment and holding agreement should describe consistent roles without treating commission authority as complete fund protection. [Légifrance]
The Code says revocation notified only to the representative cannot be asserted against third parties who dealt without knowing it, subject to the principal's recourse. Keep the notice and ask local advice who else should be informed. Revocation also needs to be reviewed separately from any appointment terms on exclusivity, continuing fees and unresolved accounting. [Légifrance]
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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