THE EYB COUNTRY GUIDES · Italy

What Should a Yacht Broker Agreement in Italy Say? 2027

Check what the broker is engaged to do, how payment works and which instructions need separate written authority.

By Peter Mattey · 9 min read · Facts checked 2026-10-03

Yacht broker agreement Italy questions deserve an answer before a boat is advertised or an offer is passed on. The agreement should help you understand the service, the payment trigger and the limits of the broker's authority. The Civil Code provides rules on mediation, but it does not supply the complete wording for your particular appointment. Read the proposed instructions with the sale arrangements in view and obtain locally qualified advice on clauses you do not understand.

This guide separates the verified Civil Code rules from recommended contract checks. It covers the broker's role, instructions, commission, expenses and conditional deals. It does not quote a standard industry percentage or assert a compulsory listing term. Specific exclusivity, cancellation and dispute clauses need assessment against the actual agreement. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.

Key facts at a glance

Royal Decree 16 March 1942, No 262, Approvazione del testo del Codice civile, Civil Code Article 1754 defines the mediator as connecting parties to conclude a transaction without collaboration, dependency or representation relationships with them.

Normattiva – Civil Code Article 1754, updated 19 Apr 1942 ·

Civil Code Article 1761 permits a party to appoint the mediator to represent it in acts relating to performance of the contract concluded through the mediator's intervention.

Normattiva – Civil Code Article 1761, updated 19 Apr 1942 ·

Civil Code Article 1759 requires the mediator to communicate circumstances known to it concerning valuation and security of the transaction that can affect its conclusion.

Normattiva – Civil Code Article 1759, updated 19 Apr 1942 ·

Civil Code Article 1755 gives the mediator a right to commission from each party if the transaction is concluded through its intervention.

Normattiva – Civil Code Article 1755, updated 19 Apr 1942 ·

Subject to contrary agreements or usages, Civil Code Article 1756 gives the mediator reimbursement from the person who commissioned the expenditure even if the transaction is not concluded.

Normattiva – Civil Code Article 1756, updated 19 Apr 1942 ·

Section 1

What role are you asking the broker to take?

Start by identifying the person or business engaged and the role described in the instructions. Italian civil law defines a mediator by the relationship between that person and the parties, rather than the name printed on an advertisement. As a practical recommendation, ask whether the business is introducing buyer and seller, undertaking additional services or acting under separate representation instructions. Record the answer in the agreement. Do not assume that permission to advertise also authorises someone to accept a sale on your behalf.

The Civil Code also allows a broker to be appointed by a party to represent it in acts relating to performance of a contract concluded through the broker's intervention. That provision has a defined setting. It is not a complete power of attorney for every action involved in selling a yacht. If you want someone to act in your absence, ask a locally qualified lawyer to distinguish the brokerage appointment from any separate authority and to explain what each document permits.

Read the description of the service alongside your own responsibilities. A useful practical checklist covers access to the yacht, approval of advertising information, delivery of documents and communication of changes. These are recommended subjects for discussion, not statutory contents asserted by this guide. Ask who will obtain specialist advice where it is needed and how instructions will be recorded. A clear division of work makes it easier to review the proposed appointment without assuming the broker has undertaken every technical or legal check.

Broker tip: As a practical contract check, ask the broker to distinguish advertising permission, negotiation instructions and any representation authority. Have a locally qualified lawyer review wording that permits someone else to commit you to obligations. A related question is answered in our guide on how much yacht broker commission is in Italy.

Boat sale contract with a legal stamp

Boat sale contract with a legal stamp.

The broker role

Meaning of mediation
Royal Decree 16 March 1942, No 262, Approvazione del testo del Codice civile, Civil Code Article 1754 defines the mediator as connecting parties to conclude a transaction without collaboration, dependency or representation relationships with them.Source: Normattiva – Civil Code Article 1754, updated 19 Apr 1942
Performance representation
Civil Code Article 1761 permits a party to appoint the mediator to represent it in acts relating to performance of the contract concluded through the mediator's intervention.Source: Normattiva – Civil Code Article 1761, updated 19 Apr 1942

Section 2

Which information and instructions should be recorded?

Prepare the information the broker will use before approving the advertisement. As a recommendation, provide a consistent description of ownership, the inventory and known issues, together with the documents supporting that description. Keep a record of corrections and updates. The Civil Code requires the mediator to communicate known circumstances concerning the transaction's valuation and security that can affect its conclusion. That rule concerns known information; this guide does not turn it into an unlimited guarantee that no undiscovered issue exists.

Ask how questions from a buyer will reach you and how your answers will be approved. A practical written process can identify who receives offers and which statements require your confirmation. It can also distinguish factual information from estimates or recommendations. Do not leave a material correction buried in a casual message while an older description remains in circulation. These suggestions concern accurate communication. They do not establish a compulsory Italian advertising form or a fixed response period for every yacht sale.

Documents passed through the broker need attention as well as advertising descriptions. The Civil Code addresses authenticity of signatures on writings transmitted through the mediator. Ask the person handling the transaction to explain the signing method and who checks the signatories' authority. Keep brokerage instructions separate from assumptions about the legal form of the sale itself. The necessary form and any registration step depend on the actual yacht and transaction, and are outside the narrow agreement rules verified in this pack.

Broker tip: Give the broker a written correction whenever material information changes, and ask for confirmation that the advertising and buyer communications have been updated. This is a practical recommendation for keeping the transaction record consistent. See also our guide on whether yacht brokers are regulated in Italy.

Signing a boat purchase agreement

Signing a boat purchase agreement.

Information and instructions

Known transaction circumstances
Civil Code Article 1759 requires the mediator to communicate circumstances known to it concerning valuation and security of the transaction that can affect its conclusion.Source: Normattiva – Civil Code Article 1759, updated 19 Apr 1942
Transmitted signature authenticity
Civil Code Article 1759 makes the mediator responsible for authenticity of signatures on writings transmitted through it and the last endorsement of instruments passed through it.Source: Normattiva – Civil Code Article 1759, updated 19 Apr 1942

Choosing a broker for your boat in Italy and want to check the agreement first? Speak to one of our brokers.

Section 3

How should commission and expenses be explained?

Read the commission wording before focusing on the advertised asking price. The Civil Code links the mediator's entitlement to a transaction concluded through its intervention and addresses payment from the parties. Ask the agreement to identify the payer, the calculation basis and the event relied on as the trigger. That is a recommended written check, not a verified compulsory contract template. A promise that payment only arises at physical handover should be reviewed against the actual wording and legal position.

The statutory rule does not set a single yacht-broker percentage in the article opened for this guide. It describes how the amount and allocation are determined where agreement, professional tariffs and usages do not supply the answer. Agree the intended fee explicitly rather than allowing a silence in the appointment to become a later dispute. Ask whether the written amount includes every charge shown in the quotation. No transaction-specific tax treatment or additional statutory rate is established by this pack.

Expenses are a separate question from commission. The Civil Code provides a reimbursement rule for the person who commissioned the expenditure, subject to contrary agreements or usages, even where the transaction is not concluded. As a practical recommendation, identify which work needs prior approval and how costs will be evidenced. Ask for a written total using the actual quoted amounts before authorising paid work. Because no verified schedule of yacht brokerage fees is available here, the guide gives no invented numerical example. Listing terms, exclusivity, termination rights, post-termination commission, commission percentages and VAT treatment are not covered here: email us at info@europeanyachtbrokers.com for the latest information.

Broker tip: Ask for a written explanation of commission and expenses separately, including the calculation basis and payment trigger. Use the actual quoted amounts when checking the total; do not substitute an assumed industry percentage. Readers often go on to our guide on what goes in a boat sale contract in Italy.

Broker and buyer shaking hands on a pontoon

Broker and buyer shaking hands on a pontoon.

Commission and expenses

  • Commission entitlement trigger

    Civil Code Article 1755 gives the mediator a right to commission from each party if the transaction is concluded through its intervention.

    Source: Normattiva – Civil Code Article 1755, updated 19 Apr 1942
  • Unagreed commission amount

    Under Civil Code Article 1755, where agreement, professional tariffs or usages do not determine the amount and allocation of commission, the court determines them equitably.

    Source: Normattiva – Civil Code Article 1755, updated 19 Apr 1942
  • Separate expense entitlement

    Subject to contrary agreements or usages, Civil Code Article 1756 gives the mediator reimbursement from the person who commissioned the expenditure even if the transaction is not concluded.

    Source: Normattiva – Civil Code Article 1756, updated 19 Apr 1942

Section 4

What happens if conditions fail or the appointment ends?

Read sale conditions together with the commission clause. The Civil Code distinguishes a suspensive condition, which postpones the commission entitlement until the condition occurs, from a resolutory condition, whose occurrence does not remove the entitlement. A survey clause needs assessment by its actual wording, rather than a label added in conversation. Ask a locally qualified lawyer how the proposed condition works and how it interacts with the broker's appointment. This guide does not classify every survey or finance clause automatically.

The same provision also addresses certain invalid transactions where the mediator did not know the cause of invalidity. A sale that runs into difficulty therefore needs more than a simple statement that no handover means no fee. Preserve the agreed instructions, offers and conditions so the adviser can assess what was concluded and when. This is a recommendation for documenting the sequence. No universal deadline for commission payment, dispute settlement or recovery proceedings has been verified for yacht brokerage appointments here.

Cancellation and exclusivity need their own review. The official articles used in this guide do not establish a compulsory appointment length, automatic cancellation right or universal commission period after termination. Read those proposed terms directly and ask what happens to existing introductions, authorised expenditure and continuing representation. Do not accept an unexplained phrase as proof of a statutory rule. Obtain locally qualified advice before signing a clause whose practical effect remains unclear, especially if it could leave obligations continuing after the appointment ends.

Broker tip: Have a locally qualified lawyer read the sale condition and brokerage payment clause together. As a practical check, also ask what happens to introductions, expenses and authority after the appointment is cancelled or expires. Our guide on whether to use a yacht broker or a dealer in Italy covers a related point.

Broker photographing a boat for sale

Broker photographing a boat for sale.

Conditions and ending

Suspensive condition trigger
Civil Code Article 1757 makes commission entitlement arise when a suspensive condition is fulfilled.Source: Normattiva – Civil Code Article 1757, updated 19 Apr 1942
Resolutory condition effect
Civil Code Article 1757 states that occurrence of a resolutory condition does not remove commission entitlement.Source: Normattiva – Civil Code Article 1757, updated 19 Apr 1942
Unknown invalidity cause
Civil Code Article 1757 extends the preceding rule to voidable or rescindable transactions where the mediator did not know the cause of invalidity.Source: Normattiva – Civil Code Article 1757, updated 19 Apr 1942

Practical support

How European Yacht Brokers can help you understand a yacht broker agreement in Italy

Peter Mattey is a yacht broker at European Yacht Brokers with a BA in Law. He is not an Italian lawyer: for Italian law and tax we refer you to a locally qualified adviser. What we can do is help you prepare the sale, put the right questions to a buyer and spot gaps in the paperwork before you commit.

If you are selling a boat in Italy, tell us about the boat and where it is 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.

  • Buying and selling guidance for boats in Italy
  • Legal background in international marine law
  • Local-law questions referred to a locally qualified lawyer
Peter Mattey, yacht broker at European Yacht Brokers

Written by

Peter Mattey

Yacht Broker, European Yacht Brokers

BA (Law). Expert in marine law

Yacht keys handed over on a marina dock

The handover of a boat at the dock.

Your questions

Frequently asked questions

Does a listing agreement automatically let the broker sign my sale?

No automatic authority to sign the yacht sale is established by the mediation rules used here. The Civil Code separately permits an appointment for representation in acts relating to performance of a contract concluded through the broker's intervention. Ask a locally qualified lawyer to identify the actual authority in your documents. Advertising instructions and representation should be explained separately before someone acts in your absence. (Normattiva – Civil Code Article 1761)

Is there a fixed commission percentage in these rules?

No single yacht commission percentage appears in the opened Civil Code article. It links entitlement to a transaction concluded through the mediator's intervention and gives an equitable court fallback where agreement, professional tariffs and usages do not settle the amount and allocation. Ask for the proposed fee, payer and calculation basis in writing. This guide makes no claim about what other brokers charge. (Normattiva – Civil Code Article 1755)

Can expenses be payable even if my boat is not sold?

Yes; the Civil Code provides reimbursement from the person who commissioned the expenditure even without a concluded transaction, subject to contrary agreements or usages. Read the appointment to see what expenditure you are authorising and how it will be evidenced. As a practical recommendation, ask for approval requirements and the actual quoted total before commissioning paid work through the broker. (Normattiva – Civil Code Article 1756)

Will a failed survey always cancel commission?

No universal result is established for every survey clause. The Civil Code distinguishes suspensive and resolutory conditions, with different commission consequences. Ask a locally qualified lawyer to classify the actual clause and read it alongside the brokerage payment wording. Preserve the agreed conditions and communications so the adviser can assess the transaction that was concluded, rather than relying on the informal name given to the condition. (Normattiva – Civil Code Article 1757)

What information must a mediator communicate?

The mediator must communicate known circumstances concerning valuation and security of the transaction that can affect its conclusion. That is the verified disclosure rule; it is not presented here as an unlimited guarantee against undiscovered defects. As a practical recommendation, give written updates when material information changes and ask for buyer communications to be corrected accordingly. Keep the evidence supporting your description of the yacht. (Normattiva – Civil Code Article 1759)

Is there a standard yacht listing term in Italy?

This guide does not set a listing term, exclusivity rule or commission percentage, because none were verified. Email us at info@europeanyachtbrokers.com for the latest information, and ask a locally qualified lawyer to review any agreement before you sign.

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More guides for sellers and buyers: yacht brokers Italy.

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