Connecticut Auto Bill of Sale Laws

March 9th, 2010

Selling or buying property or a vehicle can be confusing and stressful enough, without the added worry associated with not knowing your rights. Protect yourself with a professional Bill Of Sale.

Whether you are a buyer or seller, you can protect yourself with legal documentation through a professional Bill of Sale document.

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

An auto bill of sale is made for the purpose of privately selling your vehicle. An auto bill of sale is your legal receipt to prove you paid for the vehicle.

A bill of sale should include the vehicle information such as the make, model, year, VIN (vehicle identification number), and the odometer reading at the time of the sale. You also will need to include the buyer and seller information on your auto bill of sale form; this will include info such as the name and address, and the signature’s of both buyer and seller. The last thing Connecticut requires to be on your auto bill of sale form is the selling price and the date the vehicle was sold.

You can obtain a bill of sale (H-31 form) from your local DMV (Department of Motor Vehicles) for a “print fee”, my DMV in Florida has charged me over ten dollars for one of these “print fees”. When the bill of sale is completed, the purchaser must present the completed form to the Motor Vehicle Department with other forms required for proper registration. The best thing to do is go online and download an auto bill of sale kit that includes instructions and all the forms you need for the same price.

At any time you can obtain a copy of the original Bill of Sale once it’s filed by filing a Copy Records Request (Form J-23), which you can request to be mailed to you. Connecticut courts charge a twenty-dollar fee for a Copy Records Request, and usually takes about four to six weeks to receive a copy of the Bill of Sale that you specifically requested.

A Bill of Sale is not simply limited to an automobile; you can use a Bill of Sale to sell a boat, vessel, motorcycle, a motor vehicle, or other motorized vehicle.

This article was brought to you by Legal Forms Bank .Biz where you can download all the forms you need to file your Auto Bill of Sale. We also provide a Colorado auto bill of sale kit and SC auto bill of sale kit.

Make sure that when you do enter into a purchase agreement with someone for your vehicle, automobile, motorcycle, boat, or other property, that both parties know their rights.

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

Don’t Wait for Something Bad to Happen! Secure Your Protection Today By Downloading Your Bill Of Sale Instantly Right Now!

Other FAQ’s

Just bought a vehicle and have a title from a different state (CA). What about bill of sale?

If I have a California title for a vehicle I just bought in Texas, what about the bill of sale? Both the old owner and me were living in Texas at time of sale. Do I fill out Texas paperwork on that?

Answer
go back and get a bill of sale=== then call the Texas DMV or go to the city tax office where you get the license plates and ask what you need to get the car registered and legal…. take the new insurance card and your drivers license to prove that you are a city resident… you have 30 days in most cases to register the car in Texas … you must get the Texas paperwork and register the car in Texas and change the license plates and the first (1st) thing you will get from the DMV is a form that you must take to a TX inspection station and get the car inspected and the form signed by the person doing the inspection and that form goes back to the DMV … sounds complicated but that’s the way to get it done correctly (( if you get stopped and are on the way with the insp. form and the billof sale in the car the cop may want to follow you to the insp. station == be friendly and skip the ticket))) good luck and be patient with the Texas law..

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Writing an Equine Bill of Sale in Pennsylvania a Basic Primer

March 9th, 2010

Selling or buying property or a vehicle can be confusing and stressful enough, without the added worry associated with not knowing your rights. Protect yourself with a professional Bill Of Sale.

Whether you are a buyer or seller, you can protect yourself with legal documentation through a professional Bill of Sale document.

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

Understanding the components of a good bill of sale for a horse is vital in Pennsylvania.  There are a myriad of issues both the buyer and seller need to address to protect their own interests and liabilities.  The best way to accomplish this is to have a detailed Bill of Sale.  Many times people are tempted to write up a simple document, or borrow one from a friend.  This can prove to be quite detrimental to both parties as it may not adequately protect your interests nor address the details of your specific transaction.   In agreements of sale for horses, one generic document does not apply to every situation.  Many issues must be addressed in this document, including identification, warranties, consideration and risk of loss just to name a few.  It is highly recommended that you contact an Equine Attorney that concentrates in equine law to be certain your interests are protected.  The goal of this article is to begin to educate you on the various issues which need to be addressed in writing an equine bill of sale to ensure you are properly protected.

            A. Vital Information

            The first and most rudimentary information that must be contained in the Bill of Sale are the names of the parties.  You must have the parties’ full names and addresses, and make sure to identify their capacity in the transaction (i.e. buyer, seller, agent, etc.).  Many times you will have a third party acting as an agent for the sale.  Common mistakes in drafting these agreements include: omitting the agent from the contract or mistakenly listing the agent as the owner.  In addition to correctly identifying and naming all the parties to the transaction, each named party must sign the agreement.   

            Secondly you need to properly identify the horse.  Use any and all unique identification characteristics of the horse.  Look at the horse’s Coggins, filled out by your vet, which should list the horses’ unique markings.  If the horse has a jockey club, breed association, show, or other member identification number, be sure to list that.  Also state the horses name, age, sex, height, breed and color; anything to properly identify the animal.

            Finally, after you identify the animal, you must state the purchase price.  You must state with specificity the sale price, and whether it will be in one lump sum or over time.  Also state the method of payment and whether it is required in certified funds.  The purchase price is always necessary because it is a core term of the contract.  Should any disputes arise, the document must state the purchase price and the method of payment in order to be enforceable by a court of law.

            B. Warranties

            The main purpose of including warranties in the contract is to address the intended use of the horse. Whether the intended use is as a companion horse or as a grand prix jumper, you need to decide if that use is warrantable.  Parties can decide to warranty for other things, such as soundness. However, if the parties agree on warranting the horse, the agreement must state clearly exactly what is being warranted, the length of time it is to be in effect, and what the penalty is for failure to meet the warranty.    Buyers may incorrectly rely on oral representations made by the seller prior to sale. Buyers should make sure that any promises are in writing as a term of the contract.  Take for instance, that the seller promises that the horse can be returned for a full refund if the horse for any reason becomes lame within two weeks of the sale. Unless that is specified in the agreement, it is not enforceable. On the other hand, if the contract is being written for the benefit of the seller, the seller may not want to warranty anything other than the fact that they are the owner of the horse and have free and clear title.  Many times, the sale is “as-is-where-is”, and with all faults.  The buyer is free to have a pre-purchase exam performed by a licensed vet to ascertain any physical problems with the horse.  Nevertheless, the bill of sale must state what, if any warranties are present while also affirmatively disclaiming any warranties that are not present.

            C. Indemnification

            In tying in with the warranty section above, the bill of sale should also contain indemnification language on behalf of the seller.  Riding horses is a dangerous sport, and one can not predict how a horse will react at any given time.  Therefore, assuming no fraud is present, the seller will want to be protected from the filing of legal action by the buyer.  Indemnification language does precisely that.  Assuming no fraud or misrepresentation on the part of the seller, this language will protect the seller and prevent the buyer from filing legal action against him/her.  By no means is indemnification language considered a get out of jail free card, but it does however protect the seller from frivolous lawsuits by providing a defense to the action. 

            D. Risk of Loss

            Another core term which should be stated in the contract is when risk of loss passes to the buyer.  There is a point in time when the seller is no longer responsible for the animal, and the buyer takes on the risk of anything happening to the horse. Usually, risk of loss passes when money exchanges hands and the horse leaves your property via the buyer.  However, there are circumstances when risk of loss may not pass immediately.  Suppose that money exchanges hands, but the horse is transported by a third party hired by the seller; or if the purchase price is to be paid over time; or if money changes hands and the seller delivers the horse.  These are various circumstances which could cloud the issue of when risk of loss passes.  Therefore, you should include explicit language in the contract as to the exact time risk of loss passes from the seller to the buyer.

CONCLUSION

            This article is just a glimpse into the issues which could present themselves during a sale and purchase of a horse and is no way to be considered inclusive of all clauses to be present in a bill of sale.  The terms may vary depending on the specific nature of the deal.  The key is, regardless of the transaction; take the time to adequately protect yourself.  It is strongly suggested you consult with an Equine Attorney in your area to discuss these and other issues which may be present in your individual matter.

Ronald C. Isgate, Esquire is the Managing Partner of Isgate & Chiccarine, P.C., a full service law firm that concentrates its practice in Small Business, Real Estate, Collection and Equine law located in Bucks County, Pennsylvania. Isgate & Chiccarine, P.C. serves small businesses in Pennsylvania and New Jersey. Mr. Isgate can be reached via telephone at (215) 396-1020, via email at risgate@isgatelaw.com. For more information please see our website: www.isgatelaw.com.

Make sure that when you do enter into a purchase agreement with someone for your vehicle, automobile, motorcycle, boat, or other property, that both parties know their rights.

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

Don’t Wait for Something Bad to Happen! Secure Your Protection Today By Downloading Your Bill Of Sale Instantly Right Now!

Other FAQ’s

What exactly does a real estate “Bill of Sale” mean?

I am negotiating the purchase of a home with the current owner. It is for-sale-by-owner. He would like me to sign a conditional Bill of Sale about the purchase price and date, but I don’t feel prepared to do this. I am not exactly sure what the Bill of Sale means, and am concerned it will be a legally binding agreement without any recourse for myself.

This is in Washington State, US. Thanks for your help.

Answer
A bill of sale is a separate document from the purchase agreeement. It states what personal property the seller will convey to the buyer along with the sale of the real property that is on the purhase agreement.

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Bill of Sale What Should be Included

March 9th, 2010

As American’s, and leaders in auto bill of sale, vehicle bill of sale, and property bill of sale forms, we know the importance of protection, especially personal protection.

Regardless of whether you’re buying a motorcycle, a used car, or even a powerboat, you will need a bill of sale

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

If you are buying goods (or assets) from a seller (sometimes called a vendor), it is a good idea to request from the seller a document called a “bill of sale”. The bill of sale is intended to protect the purchaser. The main purpose of the bill of sale is to provide a legal document that is essentially a “receipt” for the purchaser to prove that the purchaser has purchased the goods from the seller.

A bill of sale can be used for the purchase of any type of goods including automobile, boat, equipment, furniture, bicycle, paintings, or even intangible items such as a customer list or a website.

A typical bill of sale will contain various provisions depending on the complexity of the purchase. In general, a bill of sale will contain at a minimum the following information:

1. A list of the goods being sold including as much identifying information as possible including a description and where possible a serial number

2. A statement that explicitly states that the goods are being sold to the purchaser

3. A statement that the seller is the legal owner of the goods

4. A statement that the goods are free of any liens or debts against the goods

It is important that the seller sign and date the bill of sale. If you want, you may also want to have someone other than the purchaser sign as a witness.

Sometimes the bill of sale may contain other provisions such as a warranty regarding certain representations made by the seller. For example, if you are buying equipment, the bill of sale may include a representation that the goods are in good working order. Depending on the circumstances, it will be useful to include a representation stating that goods are fit to be used for a specific use.

The bill of sale is not a guarantee that the seller actually owns the goods. If it turns out that someone else actually owns the goods, the true owner will be able regain possession of the goods. However, in such a situation, the purchaser will likely be able to initiate a lawsuit against the seller for breach of the representation that the seller is the legal owner of the goods.

The use of various legal forms are useful for transactions and can be found online. Sample Bill of Sale documents can be found online. Please note that the information in this article is for discussion purposes only and not intended to be free legal advice. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available.

About the Author: CanadaLegal.com is a directory and resource of Canadian legal websites. Find legal information for 100 areas of law, organized into 50 categories.

Only a professional bill of sale will offer both buyers and sellers the most protection that will stand up in a court of law to discredit false information presented to you at the time of sale or purchase. Your Bill Of Sale can be used to help prove your specific case and protect your rights!

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

Don’t Wait for Something Bad to Happen! Secure Your Protection Today By Downloading Your Bill Of Sale Instantly Right Now!

Other FAQ’s

Can you get a bill of sale notarized after it has been signed?

Hi. I bought a truck from a private party and found out afterwards that we should have had the bill of sale notarized for vehicle registration purposes. Is there a way I can get it notarized after the fact by, for example, signing it again in front of a notary? Would we both have to sign it again? The other party lives pretty far away.

Answer
As a notary in the state of Iowa, I would say it total depends on the notary you ask. You would be asked for proof of identity and would have to sign again – either on the bill of sale or a separate piece of paper to verify the signature. You may be able to get a notary to simply notarize both signatures, however that’s a good way to lose your notary privileges.

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Bill of Sale Choosing the Best Form to Sell Your Car

March 8th, 2010




As American’s, and leaders in auto bill of sale, vehicle bill of sale, and property bill of sale forms, we know the importance of protection, especially personal protection.

Regardless of whether you’re buying a motorcycle, a used car, or even a powerboat, you will need a bill of sale

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

There seems to be a trend to get out of debt and sell one of the cars. People like Dave Ramsey are attracting millions to their radio talk shows with the main subject being “becoming debt free.” Getting out of debt often means selling the car that is depreciating faster than you can say Blue Book. Just with a few hours preparation, one can earn many thousands of dollars more by selling retail rather than wholesale through a dealer. Selling retail means selling it yourself. Take pictures and post your ad on www.craigslist.org for free or close to free. Next, prepare for success with a great Bill of Sale Form. This is more important than you may think. By the way, more and more people are buying from individuals because they find that the least expensive way to own a car is to buy it used from an individual. Even though the seller usually provides the form, if you are the car buyer, then you may want to provide the bill of sale form to the seller for your own protection.

When you go to a restaurant and receive a receipt, you are in a sense receiving a bill of sale for payment of your meal. This is the simplest kind with the most advanced kind being the one your attorney writes to sell a business or a home. The best and most expensive kind of bill of sale for selling your car is one written by your attorney. It is guaranteed to be tailor-made to your circumstances. But, perhaps you do not need a tailor-made suit from Saville Row in London. Perhaps one off the rack with a few alterations will do the trick. What is called boilerplate or standard bill of sale forms may be what you want.

Go to the Internet and search on “bill of sale” or “bill of sale form.” You will find a thousand examples and most will work fine, however, we are here to talk about the best. We want to save you the time of an exhaustive search on Google.

Free Forms

Most of the “free” forms are worth what you pay for them. They are very simple and remind us of the restaurant receipt. They give little or no protection and your buyer could be scared out of the deal.

Bill of Sale Forms for Specific States

These forms are suggested minimum forms for each specific state. The states are doing a service to their citizens by suggesting forms. They may not give you the protection you desire. If you want more protection and you should, you will have to either go to your attorney or find forms with better protection. Some of these you will find below.

CAUTION! An Inadequate Bill of Sale Form Can Kill a Sale

Why do people pay thousands of dollars more for a car from a dealer than from an individual? Because the dealer takes the fear out of the sale. The dealer will take a trade-in, give financing and smoothly run through the paperwork. You also want to have high quality paperwork so the buyer feels safe. Make sure you provide a bill of sale form that makes your buyer feel confident and secure. The form must be professional and look like something they would sign at a dealership. Otherwise they could get cold feet and change their minds and go to a dealer.

Make Sure the Form can be Edited

Many forms sold on the Internet are in PDF format. Some of these forms require ownership of PDF software in order to fill in the blanks. Most people own the free PDF software to read a file but they don’t own the software to edit a file. If you do not have this software, then buy the form in MS Word. It is important that the blanks be typed. If you hand write in the blank spaces then your form will not build confidence with the buyer.

Bill of Sale Forms with Better Protection

If you are not used to working with legal forms then you may not be aware of using a Public Notary. These people are licensed by the state and their job is to validate signatures to legal documents. They check your identification, watch you sign, and then they date and sign the document and use an official seal. No one can say with any credibility that those signatures are forged. When selling a car, for the protection of all, signatures are notarized. The notary charges a small fee or your bank may let you use their notary for free. We would not recommend any forms without a space for a notary.

If You Have the Title

If you already own the car, then you will have the title. Signing the back of the title with an odometer statement is your bill of sale. Most likely, you don’t need a bill of sale from the Internet.

If You Owe Money on the Car

If you have a loan on your car, then you will want to use a special bill of sale form. You must pay off the loan, receive the title and sign over the title. Most buyers do not want to hand over money so you can pay off your loans unless you provide them with a form that gives them confidence to their ownership. This form should show the name of your loan company and an estimated time when you will receive the title and hand over the title to the new owner. Most people put 30 days, however we recommend that once you have cleared funds, that you wire them to the loan company and pay to have the title sent overnight. Get the transaction done as soon as possible. You don’t want delays.

Statement That the Car is Sold “As is”

An “as is” statement is very important for people selling their own cars. It basically says you are giving no guarantees. You do not want to have something major happen to the car a month after the sale and then have the buyer take you to court because she/he said you said everything was great. Let the dealers give warrantees with their higher sale prices. You want the “as is” statement on your bill of sale for your future safety.

Odometer Statement as Part of a Bill of Sale

Many states require an odometer statement and in fact have one on the back of the title. The odometer statement tells the buyer the amount of miles on the odometer. Not only should you have your signature notarized on this statement, you should have the buyers signature notarized. You want him to publicly agree with you for the miles statement.

Bill of Sale Form Satisfaction Guaranteed

Whenever I buy something on the Internet, I make sure there is contact information with a toll-free 800 number and a Satisfaction Guarantee Statement. I suggest when buying a Bill of Sale Form on the Internet, you use the same policy.

Receiving Payment for Your Car

It’s a good idea to meet at your bank to sign paperwork and receive money. Ask for cash, wired funds, cashier’s check (be careful, some people are printing fraudulent cashier’s checks-call the bank. Use the number from the phone book, not the one on the check.), or a cleared personal check. Make sure all money is cleared before you sign the Bill of Sale. That is why you want cash, wired funds, or a cashier’s check—you want to sign the document while your buyer is with you and the funds instantly clear.

Use a document with all of these safety features and you and your buyer will be happy and secure and you will see a smooth transaction with no worries for the future.

For one of the only companies that meet all these features we recommend Best Bill of Sale.

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Kurt DuNard, The Exceptional Life Coach, is the author of “EXCEPTIONAL LIFE: Living the Life You Were Meant to Live.” High achievers seek him out to pinpoint their soul’s goals, increase abundance, and find more happiness and joy. If you think you would also like these things, then receive your FREE success tools from Kurt DuNard now at www.DuNard.com.


Only a professional bill of sale will offer both buyers and sellers the most protection that will stand up in a court of law to discredit false information presented to you at the time of sale or purchase. Your Bill Of Sale can be used to help prove your specific case and protect your rights!

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

Don’t Wait for Something Bad to Happen! Secure Your Protection Today By Downloading Your Bill Of Sale Instantly Right Now!

Other FAQ’s

do i need a bill of sale to register a car ?

i bought a car through a private sale will i need a bill of sale to register this in ny ? i have the titlte signed over to my name and my insurance card in the back of the title we wrote the amount of what i paid for the car will i need a bill of sale or can i still register it without a bill of sale ?
so the bill of sale wont be needed correct cause the amount paid for the car is on the back of the title.

Answer
What you need to register it is the title and proof of insurance. You will be transferring the title into your name. The price paid for the car is usually on the title the previous owner signed over to you. This is used for taxes.

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What is a Car Bill of Sale

March 8th, 2010




As American’s, and leaders in auto bill of sale, vehicle bill of sale, and property bill of sale forms, we know the importance of protection, especially personal protection.

Regardless of whether you’re buying a motorcycle, a used car, or even a powerboat, you will need a bill of sale

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

A car bill of sale is a very important document. It is an official document that serves as proof that an actual transaction took place between a buyer and a seller of a car. The document is signed by both the vehicle seller and buyer, in the presence of a witness. You may be required to produce this document by various authorities or organizations as proof that you are the buyer or seller of a vehicle. For example, when there is a dispute, the court may request for a car bill of sale to review the conditions of the contract.

How a car bill of sale looks like.

A car bill of sale is just a single page document, and it serves as a binding contract of sale between buyer and car seller. That means upon signing the car bill of sale, both buyer and seller agree to the conditions set on the bill. The sale can only be completed if conditions on the bill are satisfied. If, for some reason, a condition is not to the satisfaction of one party, the party has the right to request for a certain amount of money.

For example, the contract allows the buyer a certain number of days to inspect the vehicle before the sale is completed. If the buyer is not satisfied with the inspection, he has the right to cancel the sale. However, in this case, the seller will have the right to retain the down payment, as compensation for advertising costs.

In the bill, the seller also has to declare that he or she has full rights to sell the vehicle. This condition is useful if a vehicle has been sold, or the car is later discovered to be a stolen vehicle. The bill of sale should be enough to deter anyone from selling a vehicle that does not belong to him or her.

The car bill of sale also includes other pieces of important information such as odometer reading, car make and model, license plate number, color and style, and the sale amount. Everything vital will be listed clearly in black and white.

Where to get a car bill of sale.

A car bill of sale can be purchased online via any reputable document retailer. A generic template will be available for download after payment is made. A car of bill can be bought for as little as ten dollars.

When you purchase a generic template, you can use it again and again. The template should also be good for boats, motorcycles, trailers, and all other vehicles.

The primary goal of the car bill of sale is to make sure that the sale is carried out in the fairest possible manner. It is not uncommon for disputes to arise from buyer/seller transactions. Without the bill of sale, disputes will be difficult to resolve. So never do without a bill of sale.

For more information on document templates, please visit our website.- Or download free bill of sale form.


Only a professional bill of sale will offer both buyers and sellers the most protection that will stand up in a court of law to discredit false information presented to you at the time of sale or purchase. Your Bill Of Sale can be used to help prove your specific case and protect your rights!

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

Don’t Wait for Something Bad to Happen! Secure Your Protection Today By Downloading Your Bill Of Sale Instantly Right Now!

Other FAQ’s

Where can I find a bill of sale form for selling a horse?

When I type bill of sale in a search engine all I got was legal zoom or other places that want to charge, I know there are some free forms I can download and print. Where do I go for these? Thanks.

Answer
Hi, found this site that has free forms. I just typed in ‘horse bill of sale’

Hope this helps.
http://www.docstoc.com/search/free-horse-bill-of-sale/

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Bill of Sale Legal Form Explained

March 8th, 2010




Selling or buying property or a vehicle can be confusing and stressful enough, without the added worry associated with not knowing your rights. Protect yourself with a professional Bill Of Sale.

Whether you are a buyer or seller, you can protect yourself with legal documentation through a professional Bill of Sale document.

Not only does it verify that you are the legal owner, but jurisdictions commonly use the bill of sale to determine the sales tax.

A “Bill of Sale” is a legal form that is used when you sell or transfer the ownership of goods or items such as a car, boat, equipment, photocopier, computers, furniture, or other assets from a seller (also called a “vendor”) to a purchaser. A Bill of Sale may also be used for the purchase and sale of intellectual property such as a customer list or a website. A typical Bill of Sale is provided by the seller to the purchaser and depending on the circumstances usually describes: (i) the names of the vendor and purchaser, (ii) a list of the items being purchased and sold, (iii) the purchase price and method of payment, and (iv) possibly also various legal terms depending on the complexity of the transaction. Sample Bill of Sale documents can be found online.

If you are purchasing a business and as part of the purchase you are purchasing all the equipment (eg. furniture, chairs, office equipment, inventory, and supplies), you should request that the seller provide to you a Bill of Sale agreement. One of the main reasons why a purchaser wants to receive a Bill of Sale from the seller is to prevent the seller from later claiming that the seller owns the items listed on the Bill of Sale document. Essentially the Bill of Sale is a receipt or a written record of the purchase and payment of the purchase price similar in nature to the sales receipt you receive from the cash register at the time you purchase an item at a retail or convenience store.

The Bill of Sale is similar to a “sales receipt” however it may also contain additional legal terms regarding the purchase and sale. The document will serve as proof of the purchase and sale of specified items listed on the Bill of Sale.

Other terms that you may wish to have in a Bill of Sale include terms dealing with such matters as the condition of the equipment (eg. “subject to being able to obtain financing”), and other provisions such as a “warranty” by the seller that the seller is the legal owner of the equipment being sold and the items are in good and working order. In the event that someone else claims they are the legal owners of the equipment, the “warranty” provisions in the Bill of Sale would give the purchaser some legal rights to make a claim against the seller. In the even that the item is damaged or doesn’t not work as claimed, the “warranty” provisions would also provide some legal rights for the purchaser.

It is critical to understand that obtaining a Bill of Sale from the seller is not a guarantee that the seller is in fact the legal owner of the items listed on theBill of Sale. Technically, one cannot sell what they do not own. By extension, when someone purchases something they only acquire the legal rights in the items to the same extent that the seller possesses. As such, if the seller is not really the legal owner of the items, then the seller has no legal rights of ownership, and therefore the purchaser acquires no legal rights of ownership in the items on completion of the purchase. For example, the items purportedly being sold by the seller may actually be items that the seller has does not legally own but has only leased from a supplier and not actually purchased them. An example of such a situation is someone trying to sell a photocopier that is actually only leased. In such a case, the seller does not actually own the photocopier and does not have the legal right to sell it, even though the seller may be physically in possession of the photocopier. As such one must be careful when purchasing used items or items from someone other than the manufacturer or a retailer or a distributor. If the purchaser is buying new goods from a manufacturer, retailer, or distributor then usually there is little risk that the seller is not the legal owner of the items and the purchaser can be relatively confident that they are purchasing the items from the true owner of the items.

If the items being purchased are either used items or are new items but are being sold by someone other than the original manufacturer, retailer or distributor of the items, there is a risk that the items may be actually legally owned by someone other than the seller and in such a case the true legal owner has the legal right to recover the items from the purchaser notwithstanding that the purchaser paid for the items and has a Bill of Sale from the seller. As such, if the purchaser is not careful, the purchaser may find itself paying for items but not actually acquiring ownership of them.. In such a case, all is not lost for the purchaser because theBill of Sale may be used by the purchaser in a lawsuit by the purchaser against the seller to claim monetary damages incurred by the purchaser for breach of contract, specifically breach of “warranty” (provided that the Bill of Sale is written properly. In order for the purchaser to avoid the above situation and to be protected as much as possible, it is important that when using a Bill of Salethe purchaser also examine other documents that are in the possession of the seller so that the purchaser can satisfy itself that the seller is in fact the true owner of the items being sold. For example, in the case of used goods, the Purchaser should ask the Seller to provide a copy of the original purchase order showing where the Seller originally purchased the items. If the Seller is unable to provide any documentation, then the Purchaser needs to be careful in proceding forward. The purchaser may also wish to do a search in the local government office for any liens that have been registered against the items being sold or the seller.

The use of various legal forms are useful for transactions and can be found online. Please note that the information in this article is for discussion purposes only and not intended to be free legal advice. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available.

About the Author: CanadaLegal.com is a directory and resource of Canadian legal websites. Find legal information for 100 areas of law, organized into 50 categories.


Make sure that when you do enter into a purchase agreement with someone for your vehicle, automobile, motorcycle, boat, or other property, that both parties know their rights.

Fill-in, and Print a Bill Of Sale that will protect your rights. Useable for any type of personal property or vehicle sales. Useable in all 50 states, so you can protect yourself! All forms are available for you to download immediately! Get a FREE odometer Disclosure.

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Other FAQ’s

Why do banks ask for bill of sale from a dealer before they give the auto loan?

I am in need of a car and am planning on buying one asap. My bank is asking for bill of sale from the dealer and vin number before they give me the loan. How am I supposed to buy the car and get the bill of sale if i dont have the money i need from the loan? Do dealers usually allow me to purchase the car without me having me pay them? This is a used car by the way.

Answer
You get a purchase order from the dealer and show that to the lender.

You get loan approved and dealer probably gets money wired to them from your lender.

Simple.

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Automobile Bill of Sale

November 25th, 2009

The bill of sale emerged as a way to minimize the incidence of fraud, as well as limit the potential for illegally seizing property. The present basic format for the bill of sale has its origins in the 19th century, and came about as a means of complying with regulations that were intended to prevent abuse of existing laws regarding the acquisition and holding or property, primarily land.

Essentially, the bill of sale today is a document that is drafted by the seller, and is couched inn verbiage that is intended to document all the pertinent details of the sale. Central to the structure of the bill of sale is the names and identifying data related to both the buyer and seller. This will always include the legal name of the buyer and the seller, and may also include the permanent physical addresses of both parties. A brief description of the item that is being sold will also be included.

In the event that there are any identifying marks, such as a signature of the manufacturer or a serial number, that data is usually included in the bill of sale. A third essential component is the price of the item that was agreed upon by both parties, whether the remuneration is money or in exchange for some other asset. The bill of sale is considered complete and binding at the point in which both the buyer and the seller sign the document.

Basics of the Motor Vehicle Bill of Sale

November 25th, 2009

When you buy or sell a motor vehicle, you’ll need a bill of sale. This serves as a legal receipt from the buyer to the seller documenting both the change in ownership and the purchase price. Florida has specific requirements about what a bill of sale must contain.

Invoices are not acceptable as a bill of sale. The bill of sale must be a separate document used to transfer the title of the vehicle.

The following information must appear on the bill of sale:
Name of purchaser.
Complete address of purchaser. Must be street address; a P.O. box is not acceptable.
Date of sale.
Complete vehicle description, including vehicle identification number (VIN), make, model, year, series number, and body type.
Lienholder created at time of resale.
Date of lien, if applicable.
Name of seller; if dealer, then seller must be the licensed name.
Complete address of seller; P.O. box is not acceptable.
If seller is a dealer, then dealer’s state and county business license number must be on the document.
If seller is a dealer, the following statement must be stamped or imprinted on the document: “Penalty of $1.50 due if not transferred within 10 days.”
Vehicle odometer reading at time of sale.
Signature of seller or authorized representative.
Notary public seal identifying the seller and his signature.

You’ll usually be provided an appropriate bill of sale if you buy from a dealer. Be sure that you get a bill of sale when you buy a car; you’ll need it before you can title and register the vehicle in your own name.

Conditional Bill of Sale

November 25th, 2009

The conditional bill of sale refers to any assignment or transfer of personal chattels to a person by way of security for the payment of money. The conditional bill of sale creates a security in favour of the grantee of the bill whereby the grantee is given personal right of seizure giving right to a security interest of a possessory nature.

It should be noted that there are other forms of security over goods such as a pledge and contractual lien which also only give right to a security interest of a possessory nature.

A good example of a conditional bill of sale is where a creditor gives a loan and has transferred to himself, as collateral or security for the loan, the title of the goods or other personal property of the debtor. The physical goods or other property however remains with the debtor.

An absolute Bill of Sale

November 25th, 2009

A bill of sale is A document that shows the details of a sale. Your dealership will prepare a bill of sale to document your purchase.

Absolute bills of sale, which do not represent any form of security whatsoever, are simply documents evidencing assignments, transfers and other assurances of personal chattels, which are substantially no more than mere contracts of sale of goods covered by the common law of contract and the sale of Goods Law.