Transferring ownership of a waterscooter in Curacao involves several steps to ensure that the process is smooth and legally compliant. Whether you're buying or selling a waterscooter, it's essential to follow the proper procedures to avoid any complications. Here's a comprehensive guide to help you through the process.
1. Prepare the Necessary Documents
Before initiating the transfer, gather all the required documents. These typically include:
A co-signed sales agreement (mandatory for transfer).
The original registration certificate of the waterscooter (mandatory for transfer).
The original certificate of soundness of the waterscooter.
The permit of the waterscooter.
Proof of identity for both the buyer (and – if applicable - the guardian) and the seller (mandatory).
For the buyer, a “Sedula” is mandatory - bring the original and a copy (mandatory for transfer).
If the buyer does not own a valid sedula, they need to bring an excerpt from the population registry (Kranshi) not older than 2 months and another proof of identity such as a driver's license or passport.
If the buyer is not registered in the population registry (Kranshi), they need to find a guardian with a valid Sedula and bring a signed Guardian Authorization Contract (mandatory in case of a guardian). The guardian should also come along to the appointment with the buyer and seller (mandatory in case of a guardian).
Any existing warranties or service records.
2. Sales Agreement
A well-drafted sales agreement is crucial for a smooth transfer. This document should outline the terms and conditions of the sale, including the purchase price, payment method, and any warranties. Both parties should review and sign the agreement.
Example:
This Used Jetski Sales Agreement ("Agreement") is entered into on this [Date], by and between:
Seller: Name: [Seller's Name]
Address: [Seller's Address]
City/State/ZIP: [Seller's City/State/ZIP]
Phone: [Seller's Phone]
Email: [Seller's Email]
Buyer Name: [Buyer's Name]
Address: [Buyer's Address]
City/State/ZIP: [Buyer's City/State/ZIP]
Phone: [Buyer's Phone]
Email: [Buyer's Email]
Collectively referred to as the "Parties."
1. DESCRIPTION OF JETSKI
The Seller agrees to sell, and the Buyer agrees to purchase, the following used jetski :
Make: [Make]
Model: [Model]
Year: [Year]
Hull Identification Number (HIN): [HIN]
Registration Number (if applicable): [Registration Number]
2. PURCHASE PRICE
The Buyer agrees to pay the Seller the total purchase price of [Amount] (ANG), payable as follows:
Balance payment: due upon decision to buy.
Payment shall be made in cash, certified check, bank transfer, or any other mutually agreed-upon method.
3. DELIVERY
The Seller agrees to deliver the jetski to the Buyer at the following location:
Address: [Delivery Address]
City/State/ZIP: [Delivery City/State/ZIP]
Delivery shall take place on or before [Delivery Date], subject to any delays due to unforeseen circumstances.
4. WARRANTIES
The Seller represents and warrants that they are the legal owner of the jetski and have the right to sell it. The jetski is sold "as-is," without any warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose.
5. INSPECTION
The Buyer has the right to inspect the jetski before accepting delivery.
6. TITLE AND TRANSFER OF OWNERSHIP
Upon receipt of full payment, the Seller will provide the Buyer with a signed bill of sale, transferring ownership of the jetski to the Buyer. The Buyer is responsible for registering the jetski in their name with the appropriate authorities.
7. INDEMNIFICATION
The Buyer shall indemnify and hold harmless the Seller from any claims, damages, liabilities, or expenses arising out of the use or possession of the jetski after the delivery.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and negotiations, whether oral or written.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Curacao.
10. SIGNATURES
This Agreement may be executed in counterparts, and electronic signatures shall be deemed valid and binding.
Seller's Signature: ___________________________ Date: [Date]
Buyer's Signature: ___________________________ Date: [Date]
3. Guardian Authorization Contract
If the buyer needs to authorize a local person to register the jetski, they should prepare an authorization contract. This contract should include the guardian's full name, address, and contact information, as well as the details of the jetski.
Example:
Authorization Letter
Date: [Insert Date]
To Whom It May Concern,
I, [Guardian’s Full Name], residing at [Guardian’s Address], hereby authorize [Buyer's Name], residing at [Buyer's Address], to assign me as the local guardian of their jetski, which will be registered locally in Curacao.
The Buyer also authorizes [Guardian’s Full Name], to act on their behalf in registering the following jetski with the authorities in Curacao :
Make: [Make]
Model: [Model]
Year: [Year]
Hull Identification Number (HIN): [HIN]
Registration Number (if applicable): [Registration Number]
Buyer's Signature: ___________________________ Date: [Date]
Guardian’s Signature: ___________________________ Date: [Date]
This authorization is granted for the purpose of managing, maintaining, and overseeing the use of the jetski on behalf of [Buyer's Name]. I understand and accept the responsibilities associated with being the local guardian of the jetski.
Should you have any questions or require further information, please do not hesitate to contact me at [Guardian’s Contact Information].
Thank you for your attention to this matter.
Sincerely,
[Guardian’s Full Name][Guardian’s Signature][Guardian’s Contact Information]
[Copy Guardian’s Sedula]
4. Visit the Havenkantoor / CPO to Register the Waterscooter
Once the sales agreement is co-signed by both parties and all mandatory documents are collected and reviewed for validity/completeness, they should plan a date and time to jointly visit the Havenkantoor / CPO in Otrabanda, Motetwerf. If the buyer has assigned a guardian, the guardian should also be included in the planning. The Havenkantoor / CPO will check the documentation provided by the buyer and seller, and if the documentation is according to the required standards, the waterscooter will be transferred to the name of the buyer or the guardian. After the buyer/guardian signs the registration card, a date will be provided when the certified registration card can be picked up (typically within 1 or 2 weeks). If the certificate of soundness has expired or is almost expiring, it is recommended that the buyer immediately requests an inspection date for the jetski at the Havenkantoor / CPO.
5. Final Inspection and Handover
Before the final handover, the buyer should inspect the waterscooter to ensure it meets the agreed-upon conditions. Once satisfied, the buyer can take possession of the waterscooter, and the seller should hand over all relevant documents, including the keys and any service records.
If you have purchased a Seadoo water scooter that still needs to be technically assembled and/or fully tested and prepared for the inspection by local authorities, feel free to contact Chichi Jetski Tours via WhatsApp to ask for advice on which SeaDoo technician on the Curacao can arrange the assembly and/or the pre-inspection checks and possibly also represent you during the inspection by the authorities. The local authorities on Curaçao require that a person with a local Curaçao boating license performs the required maneuvers on the jet ski during the inspection. Once the inspection has been successfully completed, a temporary certificate of soundness will be issued. Approximately 2 weeks after the inspection date, you can pick up the inland navigation regulation (certificate of soundness) together with a permit to use the water scooter in Curaçao. It is important to know that the validity of the certificate of seaworthiness is 2 years for a pleasure waterscooter and 1 year for a commercial waterscooter.
Conclusion
The buyer and seller must visit the office in Otrabanda, Motetwerf together with all required valid documentation (and potentially a guardian with a valid Sedula) to enable the transfer of ownership of a waterscooter in Curacao. It will take approximately 2 weeks for this registration process to be fully completed and this involves several steps, but by following this guide, you can ensure a smooth and legally compliant process. Remember to check the validity of the certificate of seaworthiness and schedule a date for inspection if necessary. Three valid documents are required in total to be compliant with local regulations.
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