Aircraft brokerage: how brokers, buyer's agents and charter brokers really work

Aircraft brokerage is the professional intermediation of aviation deals. The term has two meanings: transaction brokerage, where a broker represents the seller (or an acquisition agent represents the buyer) of a jet, turboprop or helicopter, and charter brokerage, where a broker arranges a flight that a certified operator performs. In both cases the broker is not the owner or the operator of the aircraft, so the key questions are whose side the broker is on, how the broker is paid and what the broker must disclose. See also our page on aircraft sales.

On this page

1. What is aircraft brokerage, and what does an aircraft broker actually do?
2. Transaction brokerage vs charter brokerage: what are the two meanings of the term?
3. Seller's broker or buyer's agent: whose side is the intermediary on?
4. What does an aircraft acquisition agent do for a buyer?
5. How are aircraft brokers paid? Commissions, retainers and flat fees
6. How do exclusive aircraft brokerage agreements work?
7. How do you vet an aircraft broker? IADA, NBAA and other credentials
8. What are the red flags when hiring an aircraft or charter broker?
9. How do charter brokers work, and what does US DOT Part 295 require?
10. Who is liable when a broker is involved? Contracts, insurance and documentation
11. How does aircraft brokerage work in Brazil?
12. How does aircraft brokerage work in the US, Europe and the Middle East?
13. How does Embarque Oficial work as an aircraft brokerage and acquisition partner?
14. Glossary
15. Frequently asked questions

Search for “aircraft brokerage” and you will find two industries that share a word but very little else. Aircraft transaction brokerage deals with the ownership of an asset: a jet, turboprop or helicopter is sold, bought, leased or traded. Air charter brokerage deals with a service: a client needs a flight, and the broker sources an aircraft and crew from a certified operator. Some firms work in both markets, but the rules, the contracts and the risks are different.

Why the distinction matters to you

A buyer who calls a charter broker to find an aircraft to purchase, or a traveller who books a flight through a firm that mainly sells aircraft, may get a capable answer, but should ask direct questions about experience in that specific market. Transaction brokerage requires knowledge of registries, liens, maintenance programmes and import rules. Charter brokerage requires knowledge of operator certificates, traffic rights, crew duty limits and same-day logistics.

There is also a third, narrower use of the word: brokers who arrange aircraft leases (dry leases, where only the aircraft is provided, or wet leases with crew, maintenance and insurance) for airlines and operators. That market is mostly business to business and sits outside the scope of private and corporate travellers.

If your need is a flight, start with our English pages on air charter and private aviation. If your need is an asset, read on: most of this page deals with transaction brokerage, and the charter side is covered in depth further down.

An aircraft acquisition agent is the buyer's professional representative in an aircraft purchase. Where the seller's broker markets one aircraft, the acquisition agent searches the whole market for the aircraft that best fits the buyer's mission and budget, then negotiates on the buyer's behalf. Large corporations with flight departments often do this in house; private individuals, family offices and first-time corporate buyers usually hire an outside agent.

Typical scope of an acquisition mandate

1. Mission definition: typical and maximum stage length, passengers, runways, budget and ownership horizon, turned into a short list of models.
2. Market sweep: every serial number of the target models that is listed or could be available off market, with history, hours, cycles and maintenance programme status.
3. Ranking and valuation: comparison of candidates on value, condition, inspection status and enrolment in engine and APU hourly programmes.
4. Offer and LOI: price, deposit, inspection scope, delivery location and conditions precedent.
5. Pre-purchase inspection oversight: choosing an inspection facility that has no relationship with the seller, attending the inspection and turning discrepancies into price or repair negotiations.
6. Closing coordination: escrow, title search, insurance, export and import, registration and crew or management handover.

What an acquisition agent should not do

An acquisition agent should not accept a commission from the seller without telling you, should not steer you to an inspection facility paid by the seller, and should not draft your purchase agreement in place of your lawyer. If the agent is also a dealer, it should never sell you an aircraft from its own inventory while acting as your representative, unless you have agreed to that in writing.

Specialist knowledge depends on the segment

Buying a light jet and buying an ultra-long-range jet are different exercises. The pool of serial numbers, the maintenance events that drive price (for example, large structural inspections and engine overhauls), the completion centres and the buyers who compete with you all change from one category to the next. Ask the agent how many transactions it has completed in the exact segment you are targeting, not just in business aviation. The aircraft below illustrate segments that require distinct market knowledge; their technical sheets are on our site, and our aircraft directory lists many more.

When a buyer is coming from charter, a structured comparison of charter, jet card and ownership costs usually comes before the search itself. The step-by-step purchase process is in the English aircraft acquisition guide.

Most serious sale mandates are signed on an exclusive basis: one broker or firm is appointed to market the aircraft for a fixed period, and other brokers who bring buyers cooperate with that broker rather than with the owner directly. Exclusivity gives the broker the security to invest time and money in marketing, and gives the market a single, consistent message about price and availability. Non-exclusive listings, where several brokers advertise the same aircraft at slightly different prices, tend to make buyers suspicious and can damage the aircraft's perceived value.

The main types of mandate

• Exclusive right to sell: the broker earns its fee if the aircraft is sold during the term, regardless of who finds the buyer, including the owner.
• Exclusive agency: the broker is the only agent, but the owner keeps the right to sell directly to a buyer it finds without paying a fee.
• Open (non-exclusive) listing: any broker who brings the buyer earns the fee; the owner pays only one.
• Exclusive buyer representation: the buyer appoints one acquisition agent for a period, often with a list of models or a budget range.

Term, tail and exclusions

According to Business Jet Traveler, a term of three to six months is fairly standard for a sale mandate, and the agreement is negotiable. Almost every agreement contains a tail (or protection) clause: if a buyer introduced by the broker during the term buys the aircraft within a set period after the term ends, the fee is still due. Owners who already know possible buyers should list them as exclusions, so that a sale to one of them carries no fee or a reduced fee.

The Brazilian Civil Code on exclusivity

In Brazil, brokerage agreements are governed by the Civil Code (Law 10,406/2002, articles 722 to 729). Article 725 makes the fee due once the agreed result is achieved, even if the deal later falls through because the parties change their minds. Article 726 provides that, when exclusivity is agreed in writing, the broker is owed the full fee even if the deal is closed without its involvement, unless the broker's inactivity is proven. Article 727 keeps the fee due when a deal closes after the broker was dismissed, or after the term ended, as a result of the broker's work. These rules make the drafting of Brazilian mandates particularly important.

Embarque Oficial structures sale and acquisition mandates through its aircraft purchase and sale service, with the term, exclusions and fee written down before any marketing begins.

Most problems in aircraft brokerage are visible before the contract is signed, if you know what to look for. These warning signs come up repeatedly in industry guidance, legal commentary and regulator material.

Red flags in transaction brokerage

1. Upfront fees without deliverables: a large payment requested before any marketing or search, rather than a success fee paid through escrow.
2. No written agreement: a broker who prefers a handshake, or refuses to put the fee, term and exclusions on paper.
3. Inflated valuation: a price far above other estimates, offered to win the listing and later reduced.
4. Vague answer on representation: unclear about whether it represents you, the other side or both.
5. Pressure to skip steps: discouraging an independent pre-purchase inspection, a title search or a lawyer “to save time”.
6. Funds sent to the broker's own account instead of a recognised escrow agent, or bank details that change by email.
7. Same aircraft, several brokers, several prices: a sign that nobody has a real mandate from the owner.
8. No verifiable track record in the type of aircraft or in the countries involved.

Red flags in charter brokerage

1. Operator not named before you pay, or a refusal to share the operator's air operator certificate (AOC).
2. A price far below the market for the same aircraft category, which may indicate an aircraft flown outside commercial rules (the so-called grey or illegal charter).
3. “We own the fleet” claims that do not match the name on the aircraft or on the certificate.
4. No answer on insurance: unclear whether the broker carries liability insurance or what limits the operator holds.
5. Cash-only or urgent wire requests to unknown accounts.
6. Last-minute aircraft or operator substitutions without written notice.

In Europe, the European Business Aviation Association (EBAA) advises passengers that if an operator or broker cannot show a valid AOC and, for non-EU operators, proof of traffic rights for the flight, the flight is probably not compliant, and insurance cover, including life insurance, may be invalidated. In Brazil, ANAC's free Voe Seguro app lets passengers check whether an air taxi company and aircraft are regular before boarding. Our air charter guide explains how operator certification works.

Liability in aircraft brokerage follows the contracts. A broker who acts purely as an agent, and makes that clear, generally answers for its own conduct: negligence, misrepresentation, breach of its agreement or of its duty to inform. A broker who places itself in the contractual chain, buying a flight from an operator and reselling it to the client, or buying an aircraft and reselling it, takes on obligations that look much more like those of a principal.

Transaction brokerage

The broker is not a party to the aircraft purchase agreement in most deals; the seller and buyer are. Representations about the aircraft, its condition and its title should therefore come from the seller, in the purchase agreement, not from a broker's brochure. Brazilian law is explicit on the broker's duty to inform: article 723 of the Civil Code requires the broker to act with the diligence and prudence the deal requires and to give the client all information on the progress of the deal, on the risks and on changes in value, under penalty of liability for losses and damages. In common-law jurisdictions, agents owe comparable duties of care and loyalty to their principal, defined largely by contract and case law.

Charter brokerage

The operator is responsible for the safety and legality of the flight. The broker's exposure arises from what it sells and says: choosing an operator that is not authorised for the flight, misdescribing the aircraft, failing to disclose required information or mishandling client funds. The specialist insurer ITIC recommends that charter brokers contract operator and customer directly where possible, match the terms closely when they must contract back to back, get all instructions in writing, carry professional indemnity insurance and, where they contract on their own account, non-owned aircraft liability cover. In Brazil, the Consumer Defence Code (Law 8,078/1990) makes the suppliers in a consumer service chain jointly liable for defects, a principle that can reach intermediaries who sell flights to consumers.

Documents that protect every party

Owners who move from a sale into a new aircraft often need help with operations afterwards; our aircraft management service covers that phase, and the corporate aviation page explains flight department models.

Comparison at a glance

For the mobility side of these markets, see global air mobility and executive travel.

1. NBAA: 14 CFR Part 295 Air Charter Broker Questions and Answers (updated Feb. 2019)
2. NBAA: New Air Charter Broker Rule Takes Effect Today (Feb. 14, 2019)
3. NBAA: Updated Air Charter Broker Best Practices Guide Now Available (Aug. 2024)
4. Brazilian Civil Code (Law 10,406/2002), arts. 722 to 729 on brokerage (CRECI-ES transcription)
5. Cornell LII: 14 CFR § 295.23, Advertising
6. Cornell LII: 14 CFR § 295.24, Disclosures
7. Cornell LII: 14 CFR § 295.50, Violations
8. IADA: 16 new Certified Aircraft Brokers in 2026 (press release, June 2026)
9. GlobalAir: IADA just certified 16 more brokers, what the badge actually means (June 2026)
10. Business Jet Traveler: Hiring an Aircraft Broker (Jeff Wieand)
11. Flying411: 15 Pros and Cons of Using an Aircraft Broker (2026)
12. Vref: Things to Consider When Hiring an Aircraft Broker to Sell Your Plane (2019)
13. Aero Law Center: What Legal Rights Do Aircraft Buyers Have in Brokerage Agreements?
14. SkyAccess: The true cost of charter brokers per leg (2026)
15. The Air Charter Association: Code of Practice
16. AIN: Seal of Accreditation Vets Standards for Air Charter Firms (July 2026)
17. ITIC: Top 10 checklist for air charter brokers (2019)
18. EBAA: What to do if you suspect that your flight is non-compliant (passenger brochure)
19. GACA: Saudi Arabia opens domestic aviation market to international charter operators (Feb. 2025)
20. Agência Gov: Voe Seguro, ANAC app for safe air taxi travel (Jan. 2024)

Written by Régis Hahns, CEO of Embarque Oficial, with the company's editorial team, based on the sources above. Rules, prices and lead times change: always confirm with ANAC, the manufacturer or a specialist before deciding. Embarque Oficial serves clients worldwide, from Monaco, Dubai, Capri and Rome to every region of Brazil, and arranges each flight with operators certified by ANAC, Brazil's civil aviation authority, in Brazil and by the local aviation authority abroad.