Bill of sale

Proof that ownership of an item passed from seller to buyer, for a price, on a date. Fill in the item and the price, send one link, and the buyer completes and signs.

A bill of sale is the document a seller gives a buyer to record the transfer of ownership of personal property for a stated price. It describes the item, confirms the seller owns it, and states the condition it is sold in. Both parties sign.

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What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Bill of Sale

This Bill of Sale is made on [Date of sale] between [Seller full name], of [Seller address] ("Seller"), and [Buyer full name], of [Buyer address] ("Buyer"). Seller is the owner of the personal property described below and has agreed to sell it to Buyer, and Buyer has agreed to buy it, on the terms below. Seller and Buyer are each a "Party" and together the "Parties".

1. Property Sold

Seller sells, transfers and conveys to Buyer all of Seller’s right, title and interest in the following personal property: [Description of the property], bearing serial, hull or identification number [Serial, hull or identification number (or "None")], together with all accessories, manuals, keys and documents relating to it that are in Seller’s possession (the "Property").

2. Purchase Price and Payment

The purchase price for the Property is [Purchase price] (the "Purchase Price"), paid by: [How the price is paid]. Seller acknowledges receipt of the Purchase Price in full, except that if payment is by personal check, title to the Property passes to Buyer only when the check has cleared, and Seller may retain possession until then. Sales or use tax on this sale, if any, shall be paid by: [Sales or use tax, if any, paid by]. Any registration, title or transfer fee shall be paid by Buyer.

3. Delivery and Risk of Loss

Delivery of the Property shall be as follows: [Delivery], on or before [Delivery date (or the date of sale)]. Title to the Property passes to Buyer on payment of the Purchase Price, and risk of loss or damage passes to Buyer on delivery. Until delivery, Seller shall keep the Property in the condition it was in when Buyer inspected it, ordinary wear excepted. If the Property is lost or materially damaged before delivery, Buyer may cancel this sale and receive a refund of the Purchase Price.

4. Warranty of Title

Seller warrants that: (a) Seller is the sole legal owner of the Property and has full right and authority to sell it; (b) the Property is free of all liens, security interests, loans, leases and claims of any kind, and no other person has any interest in it; (c) the Property is not stolen and Seller acquired it lawfully; and (d) Seller will defend Buyer’s title against any claim by any person arising from events before delivery. If any lien or claim against the Property exists, Seller shall pay and discharge it before delivery or the Purchase Price shall be reduced by the amount needed to clear it.

5. Condition; As Is

The Property is sold AS IS and WHERE IS, with all faults. Except for the warranty of title in Section 4, Seller makes no warranty of any kind, express or implied, about the Property, including any implied warranty of merchantability or fitness for a particular purpose, and any such warranty is disclaimed. Seller does not warrant the age, mileage, hours, capacity, performance, safety or future reliability of the Property.

Seller discloses the following known defects or issues: [Known defects or issues disclosed by seller (or "None")]. Buyer acknowledges having had the opportunity to inspect the Property, or to have it inspected by a person of Buyer’s choice, and is buying it in reliance on that inspection and Seller’s disclosures and not on any other statement or description. Nothing in this Section excuses a fraudulent misrepresentation by Seller.

6. Indemnity

Seller shall indemnify Buyer against any claim, loss or expense arising from Seller’s ownership or use of the Property before delivery, including any lien, fine, toll or fee attributable to that period. Buyer shall indemnify Seller against any claim, loss or expense arising from Buyer’s ownership or use of the Property after delivery, including any injury, damage or liability caused by it. Buyer is responsible for registering the Property in Buyer’s name where the law requires and for insuring it from delivery.

7. Further Assurances

Each Party shall sign any title application, registration form, tax form or other document reasonably requested by the other to complete the transfer of the Property to Buyer, and Seller shall deliver to Buyer any certificate of title, registration or other ownership document for the Property, properly endorsed, at delivery.

8. General

This Bill of Sale is governed by the laws of the State of [Governing law (state)]. It is the entire agreement between the Parties about the Property and supersedes any advertisement, listing, message or prior discussion. It may be amended only in a writing signed by both Parties. If any provision is held invalid or unenforceable, the remainder remains in effect. This Bill of Sale binds and benefits the Parties and their heirs, successors and assigns.

9. Electronic Signatures; Counterparts

This Bill of Sale may be signed electronically and in counterparts, each of which is an original and all of which together are one instrument. The electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution and delivery, and a copy of the signed document is as valid as the original for all purposes, including registration where the registering agency accepts it.

Signatures

Seller · Buyer

Bill of Sale FAQ

Do I need a bill of sale for a private sale?

Not legally, for most items, but it is the only document that proves the sale happened, what was sold and for how much. It protects the seller from later claims about the item and protects the buyer if ownership is questioned. Some states require one to title or register a boat, trailer or off-road vehicle.

What does “as is” mean?

The buyer takes the item in its current condition with no warranty about how it works, how long it will last or its fitness for any purpose. The seller still warrants that they own it and have the right to sell it, and must not misrepresent it. Listing known defects in the space provided protects the seller because the buyer has acknowledged them.

Can the buyer fill in part of it?

Yes. Any blank you leave becomes a field the buyer completes when they open the link, and you see what they entered before you sign. Sellers usually fill in the item, price and condition and leave the buyer’s name, address and email for the buyer.

Who pays sales tax on a private sale?

It depends on the state and the item. Many states do not collect sales tax on casual sales of used household goods between private parties, but do collect use tax when a boat, trailer or off-road vehicle is registered. The bill of sale lets you say who is responsible, and by default it is the buyer.

Does a bill of sale need to be notarized?

Generally no. A handful of states require notarization for a bill of sale used to title a boat, trailer or mobile home, and some counties ask for it when registering livestock brands. If you are using the document with a government office, check that office’s requirement first.

Can I use this for a boat?

Yes, for the boat and its trailer and motor, which you can list together in the description with their hull identification number and serial numbers. Most states then require a separate title application or registration form at the DMV or wildlife agency; the bill of sale goes with it as proof of purchase.

Related templates

This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.

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