What Should a Yacht Broker Agreement in Italy Say? 2027
More guides for sellers and buyers: yacht brokers Italy.
THE EYB COUNTRY GUIDES · Italy
Understand how commission entitlement, agreed charges, conditions and expenses differ in an Italian yacht sale.
Yacht broker commission Italy is a question about the agreement and the broker's legal role, not a reliable search for a universal percentage. The Italian Civil Code sets rules on entitlement, allocation, conditional contracts and expenses. Maritime brokerage also has its own regulated activity framework. Before appointing someone, ask what service is being provided, who will owe the charge and what event creates entitlement. Record the answers clearly rather than relying on an informal description of the fee.
This guide explains the official rules without quoting market commission rates or another broker's charges. It distinguishes commission from reimbursable expenses and the maritime broker's statutory business security. Practical suggestions about written terms are recommendations; a disputed entitlement or unclear sale condition needs advice from a locally qualified lawyer. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
Key facts at a glance
The chamber states that people and companies undertaking maritime mediation must satisfy the moral and professional requirements prescribed by Law 478/1968.
Camera di Commercio Riviere di Liguria, updated 9 Sep 2026 ·Article 1755 of the Italian Civil Code gives the mediator entitlement to commission from each party when the deal is concluded through the mediator's intervention.
Normattiva – Article 1755, updated 19 Apr 1942 ·Article 1755 says that in the absence of agreement, professional tariffs or usages, the judge determines the commission amount and allocation between parties according to equity; it gives no fixed yacht-sale percentage.
Normattiva – Article 1755, updated 19 Apr 1942 ·Under Article 1757, where a contract has a suspensive condition, entitlement to commission arises when that condition is fulfilled.
Normattiva – Article 1757, updated 19 Apr 1942 ·Under Article 1756, subject to contrary agreement or usages, the mediator is entitled to expense reimbursement from the person who commissioned the expenditure even if the deal was not concluded.
Normattiva – Article 1756, updated 19 Apr 1942 ·Section 1
Start by identifying the actual role of the person arranging the sale. Official chamber guidance describes maritime mediation as a regulated activity involving the listed ship contracts, including sales. The framework includes Law 478/1968 on the profession of maritime mediator and the related implementing provisions. Do not substitute an estate-agent checklist or assume that the title yacht broker establishes eligibility on its own. Ask the business to identify its legal entity, the activity it performs and the registration record appropriate to that activity.
The chamber says people and companies undertaking maritime mediation need the prescribed moral and professional requirements and must submit the certified activity-start declaration. Its Italian name is segnalazione certificata di inizio attività, abbreviated SCIA. These are business-entry rules, not a commission schedule. As a recommendation, check the business record before signing an appointment and identify the person handling the sale. If the provider is acting in a different capacity, ask a locally qualified adviser how that changes the proposed contractual arrangement.
The official guidance also addresses the qualified person at each operating location. That helps distinguish the business you appoint from a marketing contact who introduces themselves under its name. Keep the entity, representative and appointment document consistent. Ask what is included in the service and which parts need another professional, such as title advice or technical inspection. This is practical preparation, not a claim that every appointment has identical duties or that an activity registration guarantees a particular sale outcome.
Broker tip: Before discussing the percentage, identify the contracting business and its actual role. Obtain the relevant registration details and a written service description so you can connect the proposed fee to a defined appointment. See also our guide on what a yacht broker agreement in Italy should say.
Boat sale contract with a legal stamp.
Type of broker
Section 2
Article 1755 of the Italian Civil Code connects the mediator's commission entitlement with a deal concluded through the mediator's intervention and addresses entitlement from each party. It does not supply a fixed yacht-sale percentage. Ask the provider to state who is being charged and how the amount will be calculated. A quoted rate is incomplete without the price basis, the parties liable and the agreed services. Record those matters expressly rather than assuming that a seller's quoted fee resolves the buyer's position too.
The same article gives a fallback for the amount and allocation where agreement, professional tariffs and usages do not determine them. That fallback should not be turned into a claim that every yacht sale follows a uniform split or an official national tariff. As a practical recommendation, put the agreed amount or calculation, the treatment of applicable taxes and the invoice recipient in writing. No tax percentage is supplied here because the commission-specific tax treatment was not verified for a particular provider or transaction.
Where more than one mediator intervenes to conclude the deal, Article 1758 addresses a share of commission for each. It does not state a universal sharing percentage. Ask the appointed business to explain how another mediator's involvement affects your own agreed payment obligation and which entity will invoice you. Keep the internal broker-sharing arrangement distinct from the client's fee. A dispute about the necessary connection between intervention and completion requires examination of the actual events and advice from a locally qualified lawyer.
Broker tip: Have the fee document identify the payer, calculation basis, tax treatment and invoicing entity. If another mediator joins the transaction, ask for written confirmation of the effect on your agreed payment obligation. Readers often go on to our guide on what it costs to sell a boat in Italy.
Signing a boat purchase agreement.
Who owes commission
Comparing yacht brokers in Italy and want to understand commission? Speak to one of our brokers.
Section 3
The timing question needs more than the phrase fee on completion. Article 1757 of the Italian Civil Code distinguishes a suspensive condition, which makes the relevant effect depend on a future event, from a resolutory condition, which can bring an existing effect to an end. Their commission consequences differ. Ask a locally qualified lawyer to review the actual sale wording where an inspection, financing or another event is involved. Do not assume that naming an event automatically determines its legal category or the commission result.
The same article addresses contracts that are voidable or rescindable and qualifies its treatment by the mediator's knowledge of the invalidity cause. That is a narrower rule than saying commission is always refunded whenever a transaction encounters a problem. Keep the appointment terms, the sale agreement and the record of communications together. As a recommendation, ask before signing how the proposed wording deals with an unfulfilled condition, a terminated transaction and a claim that the agreement was invalid. Avoid promising a specific outcome in advance.
Expenses are a separate issue. Article 1756 gives the mediator an expense-reimbursement entitlement against the person who commissioned the expenditure, even without a concluded deal, subject to contrary agreement or usages. Identify which expenses you authorise and whether reimbursement is included in the appointment or handled separately. Ask for supporting documentation and written approval arrangements before work is ordered. This research does not verify an advertising package, inspection charge or travel allowance; none should be presented as a statutory yacht-sale fee. A market commission rate, commission VAT, invoice rules, expense packages and the treatment of a disputed claim are not covered here: email us at info@europeanyachtbrokers.com for the latest information.
Broker tip: Ask about commission and expenses in separate questions. Have an adviser check conditional sale wording, and authorise specific spending in writing before assuming that an unsuccessful sale leaves nothing payable. Our guide on whether to use a yacht broker or a dealer in Italy covers a related point.
Broker and buyer shaking hands on a pontoon.
When it arises
Under Article 1757, where a contract has a suspensive condition, entitlement to commission arises when that condition is fulfilled.
Source: Normattiva – Article 1757, updated 19 Apr 1942Under Article 1757, commission entitlement does not disappear when a contract's resolutory condition occurs.
Source: Normattiva – Article 1757, updated 19 Apr 1942Article 1757 extends the preceding rule to contracts that are voidable or rescindable where the mediator did not know the cause of invalidity.
Source: Normattiva – Article 1757, updated 19 Apr 1942Under Article 1756, subject to contrary agreement or usages, the mediator is entitled to expense reimbursement from the person who commissioned the expenditure even if the deal was not concluded.
Source: Normattiva – Article 1756, updated 19 Apr 1942Section 4
Article 1759 of the Italian Civil Code requires the mediator to communicate known circumstances concerning the valuation and security of the deal that can affect its conclusion. Ask clear questions about the issues identified in the documents and keep the responses with the transaction record. This is not a promise that the mediator carries out every possible technical or legal investigation. Define the service and arrange the necessary specialist advice where an unresolved ownership, condition or contractual question needs examination before agreement.
The article also addresses authenticity of signatures on writings and the last endorsement of instruments passed through the mediator. That statutory responsibility should not be confused with a general guarantee that every purchase payment is insured or that a client deposit is held under a particular escrow arrangement. If money will pass through the provider, ask for the separate payment and custody terms. This guide does not establish those terms for any named business and does not verify protection of a buyer's funds.
The maritime-broker guidance describes a statutory security for obligations arising from the activity and the permitted ways of providing it. The stated security amount is a business requirement, not a yacht-sale commission, a purchaser's deposit or proof that the full purchase price is protected. Keep those categories separate when reviewing the appointment. Ask which business record confirms the provider's status and obtain the payment instructions for the particular transaction. An unclear client-money arrangement should be resolved before either party transfers funds.
Broker tip: Keep the appointment, fee calculation, expense approvals and payment instructions together. Ask separately about client-money custody; do not interpret the maritime broker's statutory business security as protection for the full purchase price. A related question is answered in our guide on boat valuation in Italy.
Broker photographing a boat for sale.
Protections and records
Practical support
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.
The handover of a boat at the dock.
Your questions
Article 1755 states no fixed yacht-sale percentage: it addresses entitlement and provides a fallback for amount and allocation where agreement, professional tariffs or usages do not determine them. Ask the provider to record the actual charge, price basis and payer in writing. Do not convert an advertised rate into a national legal rule or assume another broker's fee applies to your appointment. (Normattiva)
Yes: Article 1755 gives the mediator entitlement from each party where the deal is concluded through the mediator's intervention. Ask who will be charged under the proposed appointment and how the amount is calculated. Record the allocation and invoicing arrangements clearly. The article's entitlement rule is not evidence of a fixed percentage, a uniform split or an identical payment agreement in every transaction. (Normattiva)
No: Article 1757 says entitlement for a suspensive-condition contract arises when the condition is fulfilled. It treats resolutory conditions differently and supplies a qualified rule for voidable or rescindable contracts. Have a locally qualified lawyer examine the actual wording instead of assuming every inspection or finance clause has the same effect. Keep the appointment and sale agreement consistent on the proposed payment arrangement. (Normattiva)
Yes: Article 1756 provides reimbursement from the person who commissioned the expenses even where the deal was not concluded, subject to contrary agreement or usages. Discuss expenses separately from commission and record which spending you authorise. Supporting invoices and written approval arrangements are practical recommendations. This research establishes no standard advertising, travel or inspection charge, so ask for the provider's specific terms before work is ordered. (Normattiva)
The chamber describes security for obligations arising from maritime-broker activity, not a guarantee covering a buyer's full purchase price. Keep that statutory business requirement separate from commission and any client-money arrangement. Ask for the transaction's custody and payment terms before transferring funds. The chamber permits different forms of business security, but those forms do not establish the provider's particular escrow terms or buyer-fund protection. (Camera di Commercio Riviere di Liguria)
This guide does not quote a commission rate, because no official rate was verified. Email us at info@europeanyachtbrokers.com for the latest information, and ask each broker for a written statement of fees before you sign.
Ready when you are
Find a broker
Yacht brokers ItalyCheck it yourself
Current maritime-broker scope, entry requirements, qualified personnel and statutory business security.
Italian Civil Code, Article 1755: current official statutory text.
Italian Civil Code, Article 1758: current official statutory text.
Italian Civil Code, Article 1757: current official statutory text.
Italian Civil Code, Article 1756: current official statutory text.
Italian Civil Code, Article 1759: current official statutory text.
Keep reading
More guides for sellers and buyers: yacht brokers Italy.
More guides for sellers and buyers: yacht brokers Italy.
More guides for sellers and buyers: yacht brokers Italy.
Similar guides
More guides for sellers and buyers: yacht brokers Italy.
More guides for sellers and buyers: yacht brokers Italy.
More guides for sellers and buyers: yacht brokers Italy.
Talk to European Yacht Brokers
Selling a boat in Italy? Tell us about it
Tell us about the boat and where it is and a broker will reply.
More guides for sellers and buyers: yacht brokers Italy.
More guides for sellers and buyers: yacht brokers Italy.