Buying a ship in Turkey? Learn about hidden maritime liabilities, ship mortgages, maritime liens, environmental risks, PSC deficiencies, tax issues, crew claims, and legal due diligence in this comprehensive 2026 Updated Guide

Purchasing a vessel is one of the largest investments in the maritime industry. Whether acquiring a tanker, bulk carrier, container ship, offshore support vessel, fishing vessel, tugboat, yacht, or passenger ship, buyers often focus on the purchase price, technical condition, and commercial value while overlooking hidden legal liabilities that may significantly reduce the value of the investment.

In Turkey, ship acquisitions involve much more than signing a Memorandum of Agreement (MOA) and completing the transfer of title. Buyers must carefully examine the vessel’s legal history, registry status, mortgages, maritime liens, outstanding claims, environmental compliance, Port State Control (PSC) history, tax exposure, insurance coverage, and contractual obligations before closing the transaction.

Failure to conduct proper maritime legal due diligence may expose the buyer to costly litigation, vessel detention, unexpected debts, environmental penalties, operational disruptions, and financing complications after completion.

Ship purchases in Türkiye are principally governed by the Turkish Commercial Code No. 6102, together with the rules governing the Turkish Ship Registry, maritime mortgages, maritime liens, enforcement proceedings, environmental legislation, and international maritime conventions.

This 2026 Updated Legal Guide explains the hidden legal liabilities that buyers should identify before purchasing a ship in Turkey and provides practical due diligence strategies to protect foreign investors.

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Why Legal Due Diligence Matters

A vessel may appear technically sound while carrying significant hidden legal risks.

Proper due diligence helps identify:

• Outstanding debts.
• Maritime liens.
• Registered mortgages.
• Ongoing litigation.
• Environmental liabilities.
• Regulatory deficiencies.
• Contractual obligations.
• Tax exposure.
• Ownership disputes.
• Insurance problems.

Early investigation is considerably less expensive than resolving disputes after closing.

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Verify Ownership

The first step is confirming:

• Registered owner.
• Beneficial owner.
• Corporate ownership structure.
• Registration status.
• Authority of the seller.
• Chain of title.

Ownership should always be verified through official registry records.

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Registered Ship Mortgages

One of the most important issues is determining whether the vessel is subject to:

• Registered ship mortgages.
• Bank security interests.
• Judicial attachments.
• Enforcement measures.
• Financing restrictions.

Mortgage releases should be obtained before completion whenever required.

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Maritime Liens

Unlike ordinary contractual debts, certain maritime liens may arise automatically by operation of law and, in some circumstances, continue despite a change in ownership.

Examples may include claims relating to:

• Crew wages.
• Salvage.
• Collision damage.
• Certain port-related claims.
• Other maritime claims recognized under applicable law.

The existence and priority of maritime liens should be assessed carefully before purchase.

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Vessel Arrest Risks

Buyers should investigate whether the vessel:

• Has previously been arrested.
• Is subject to pending arrest proceedings.
• Faces outstanding maritime claims.
• Is involved in international litigation.
• Has unresolved enforcement proceedings.

Failure to identify existing claims may result in post-closing vessel arrest.

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Pending Court Proceedings

Legal due diligence should include a review of:

• Commercial litigation.
• Maritime disputes.
• Arbitration proceedings.
• Cargo claims.
• Collision claims.
• Salvage disputes.
• Environmental investigations.
• Insurance disputes.

Pending litigation may substantially affect the vessel’s value.

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Port State Control History

PSC history provides valuable information regarding:

• Safety deficiencies.
• Repeated detentions.
• Environmental deficiencies.
• Operational problems.
• Maintenance standards.
• Compliance culture.

Repeated PSC deficiencies often indicate broader operational issues.

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Classification Status

Buyers should verify:

• Current class.
• Outstanding recommendations.
• Conditions of class.
• Survey history.
• Class suspensions.
• Technical deficiencies.

Classification records frequently reveal issues not immediately visible during physical inspections.

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Environmental Liabilities

Environmental due diligence should examine:

• Oil pollution incidents.
• MARPOL violations.
• Waste disposal investigations.
• Ballast Water Management compliance.
• Air emission compliance.
• Environmental fines.
• Ongoing investigations.

Environmental liabilities can remain significant long after the underlying incident.

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Crew Claims

Outstanding crew-related liabilities may include:

• Unpaid wages.
• Repatriation costs.
• Employment disputes.
• Compensation claims.
• Personal injury claims.
• Maritime labour compliance issues.

Crew claims may create significant financial exposure for the owner.

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Tax and Customs Risks

The purchaser should review:

• VAT obligations.
• Customs status.
• Temporary admission arrangements.
• Import documentation.
• Outstanding tax liabilities.
• Customs investigations.

Cross-border transactions require particular attention.

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Insurance Issues

Review:

• Hull & Machinery insurance.
• P&I Club membership.
• Claims history.
• Coverage exclusions.
• Outstanding insurance disputes.
• Loss records.

Insurance problems may affect both financing and future operations.

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Charterparty Obligations

The vessel may remain subject to:

• Time charters.
• Voyage charters.
• Bareboat charters.
• Long-term service agreements.
• Management contracts.
• Ship management arrangements.

These contracts should be reviewed before completion.

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Regulatory Compliance

Verify compliance with:

• SOLAS.
• MARPOL.
• ISM Code.
• ISPS Code.
• STCW.
• Maritime Labour Convention.
• Ballast Water Management Convention.

Regulatory deficiencies may lead to detention after the purchase.

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Documents That Should Be Reviewed

A comprehensive due diligence should include:

• Certificate of Registry.
• Bill of Sale.
• Classification records.
• Mortgage records.
• PSC inspection history.
• Insurance documentation.
• Charterparty agreements.
• Crew records.
• Oil Record Book.
• Garbage Record Book.
• Ballast Water Record Book.
• ISM documentation.
• Maintenance history.
• Repair records.
• Dry dock reports.
• Litigation records.

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Contractual Protection

The Ship Sale and Purchase Agreement (SPA) should contain strong protections, including:

• Representations and warranties.
• Title warranty.
• Freedom from encumbrances.
• Litigation disclosure.
• Environmental compliance warranties.
• Tax indemnities.
• Mortgage discharge obligations.
• Documentary delivery requirements.
• Termination rights.
• Post-closing indemnities.

Proper contractual drafting significantly reduces transactional risk.

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Common Mistakes by Foreign Buyers

Foreign investors frequently:

• Rely solely on technical inspections.
• Ignore registry searches.
• Fail to investigate maritime liens.
• Overlook pending litigation.
• Ignore PSC history.
• Review only insurance certificates rather than claims history.
• Accept incomplete warranties.
• Complete the transaction before mortgage discharge.

These mistakes frequently lead to expensive disputes after closing.

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Best Practices Before Purchasing a Vessel

Before signing the purchase agreement:

• Conduct comprehensive legal due diligence.
• Verify ownership.
• Search mortgage records.
• Investigate maritime liens.
• Review PSC history.
• Obtain classification records.
• Review insurance history.
• Verify environmental compliance.
• Examine charterparty obligations.
• Engage experienced Turkish maritime counsel.

Comprehensive legal due diligence is one of the most effective methods of protecting a maritime investment.

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Why Professional Legal Assistance Is Essential

Ship acquisitions require expertise in:

• Turkish Commercial Code.
• Maritime transactions.
• Ship registry law.
• Maritime mortgages.
• Maritime liens.
• Marine insurance.
• International maritime conventions.
• Maritime litigation.

An experienced Turkish maritime lawyer can:

• Conduct comprehensive legal due diligence.
• Review ownership and registry records.
• Investigate mortgages and maritime liens.
• Assess litigation risks.
• Draft and negotiate Ship Sale and Purchase Agreements.
• Coordinate closing procedures.
• Protect buyers against hidden liabilities.
• Ensure compliance with Turkish maritime law.

Professional legal assistance significantly reduces acquisition risks and helps protect long-term investment value.

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Frequently Asked Questions

1. Why is legal due diligence important when purchasing a ship in Turkey?

Legal due diligence helps identify hidden risks such as registered mortgages, maritime liens, pending litigation, environmental liabilities, tax issues, crew claims, and regulatory deficiencies that may affect the value or operation of the vessel.

2. Can a vessel be purchased with hidden maritime liens?

Yes. Certain maritime liens may arise automatically under applicable law and, depending on the circumstances, may survive a transfer of ownership. Buyers should investigate these risks carefully before completing the acquisition.

3. Should buyers review Port State Control history?

Yes. PSC records provide valuable information about the vessel’s maintenance, regulatory compliance, safety culture, and previous detentions.

4. Can environmental liabilities transfer to the buyer?

Although liability depends on the applicable law and the facts of each case, unresolved environmental issues can significantly affect the vessel’s commercial value, operations, and future regulatory exposure. Thorough due diligence is therefore essential.

5. Should existing ship mortgages be discharged before closing?

In most transactions, yes. Buyers should ensure that any registered mortgages or other security interests are addressed in accordance with the financing arrangements and the purchase agreement before ownership is transferred.

6. Is a Ship Sale and Purchase Agreement (SPA) enough to protect the buyer?

No. An SPA is essential, but it should be supported by comprehensive legal due diligence, registry searches, technical inspections, and carefully drafted warranties and indemnities.

7. Can pending litigation affect the value of the vessel?

Yes. Ongoing court proceedings, arbitration, environmental claims, cargo disputes, or enforcement actions may substantially reduce the commercial value of the acquisition.

8. Why should foreign buyers hire a Turkish maritime lawyer?

A Turkish maritime lawyer can conduct legal due diligence, investigate ownership, registry records, mortgages, maritime liens, litigation, environmental compliance, and contractual obligations, negotiate the SPA, coordinate the closing process, and help ensure that the buyer acquires the vessel free from avoidable legal risks.

Legal Support – Contact Our Maritime Transaction Lawyers

Purchasing a vessel without comprehensive legal due diligence can expose buyers to substantial financial losses, hidden liabilities, and prolonged litigation. Early legal review of ownership, registry records, financing arrangements, and regulatory compliance is essential to protecting your investment.

Fırat Fesih Kaya and our legal team advise shipowners, investors, banks, ship finance institutions, P&I Clubs, marine insurers, offshore operators, charterers, logistics companies, and international maritime businesses on ship acquisitions, maritime due diligence, vessel financing, ship mortgages, maritime liens, ship registration, maritime litigation, international arbitration, and all aspects of Turkish maritime and commercial law.

24/7 Emergency Phone: +90 532 769 22 22

Office Phone: +90 312 434 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey