Welcome to the Luxury Yachts for Sale by Owner website. By using the services on this website or any linked websites, you are agreeing to the following terms. Before becoming a buyer or seller you must read and accept the terms and conditions in, and linked to, this User Agreement, our terms of Use and Privacy Policy.

This website is sponsored by Sale by Owner, LLC, a Utah limited liability company (hereinafter referred to as "the Company." The Company and its members are not licensed yacht brokers, and do not act as such. This is a "sale by owner" site, providing a medium by which Sellers can advertise their yachts for sale and buyers can search the postings to find a boat they would like to purchase. We do not become engaged in any negotiations between buyers and sellers. We do not offer boats for sale or sell boats. The posting of an advertisement to sell a boat is not a "listing" by us, but only an advertisement by the seller. The transaction is solely under the control of the parties.

Because we are not involved in the actual transaction between buyers and sellers, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of the buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

The Company's site offers a service that brings together sellers and interested buyers. Information about the boats is provided by the sellers. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by sellers often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Site will act honorably and treat each other fairly, we cannot verify the information third-party sellers supply or guarantee the vessels they offer. Nor can we assure the third party seller that any check received from an interested buyer is valid. When using these Sites we urge both buyers and sellers to use the same common sense and good judgment one would use in responding to a classified ad in the newspaper or an internet site such as eBay. There is no substitute for healthy skepticism and good judgment.

For purposes of this Agreement "Seller" is defined as any individual, corporation, limited liability company, partnership, trust or other legal entity which, in whole or in part, has legal or equitable title to the vessel that is posted. "Buyer" is defined as any individual, corporation, limited liability company, partnership, trust or other legal entity which is to acquire, in whole or in part, any legal or equitable title or interest in the posted vessel as a result of responding to said posting. Nothing in this agreement shall modify the governing provisions of Uniform Commercial Code §2-401(2) under which legal ownership of goods are transferred upon physical delivery of the goods to the interested Buyer by the Seller. Unless the interest Buyer and the Seller agree otherwise, the interested Buyer may become the lawful owner of the vessel upon physical receipt of the vessel from the Seller in accordance with Uniform Commercial Code §2-401(2).

The Company makes no advance charge for sellers' postings on the website. The posting will run until cancelled by the Company or the Seller, or until the vessel sells. If the vessel does not sell to a Buyer who contacted the Seller through this website then no fees are ever owed for the posting of the vessel. However, if the vessel is sold to a Buyer within a period of three years following the posting, a fee for posting the vessel on the website equal to one percent (1%) of the sale price of the vessel shall be paid to the Company at the same time as title to the vessel passes. The entire fee shall be paid by the Seller unless the parties agree otherwise. It is the responsibility of both parties to assure that this fee is paid, and for failure to do so each of them will become jointly and severally liable for said fee. The parties can protect themselves from having to pay a fee they do not owe in any of a number of ways: (1) they should require the Company to agree in writing to the amount of the fee, which is one percent (1%) of the sale price; (2) they could assure that the funds be placed in a trust account with an attorney with instructions that it be released to the Company at the same time title passes; (3) if the transfer of title is handled in an escrow, as most are, then the fees can be withheld by the escrow company with instructions to pay the Company upon close of escrow. The "sale price" of the vessel shall include any electronics, appliances, equipment furniture, furnishings and decorative items, whether attached to the vessel or not, and which have been customarily present or used on the vessel and which are being sold with the vessel to the Buyer. Unless otherwise agreed by the Company, all fees are payable in U.S. dollars.

The Company cannot guarantee continuous or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of the use of our website.

If you have a dispute with one or more users, you release the Company and its officers, members, agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

This agreement shall be governed in all respects by the laws of the State of Utah as they apply to agreements entered into and to be performed entirely within Utah between Utah residents, with regard to conflict of law provisions. You agree that any claim or dispute you may have against the Company must be resolved by a court located in Utah County, Utah., You agree to submit to the personal jurisdiction of the courts located with Utah County, Utah for the purpose of litigating all such claims or disputes.