Author : Madeleine Woodbury.
Published : Wed, Aug 29 2018 :3 PM.
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It is not recommended that you use a Bill of Sale in instances where there is not a transfer of ownership since a Bill of Sale is best used for the sale and purchase of physical goods. When providing or hiring services, it is more appropriate to use a document like a Service Agreement or an Independent Contractor Agreement. It should also be noted that you ca not use a Bill of Sale to transfer the ownership of or the title to a piece of real estate. In such instances, you will likely need a Quitclaim Deed or a similar document.
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As-is or Warranty: Selling an item “as-is” means the buyer accepts the item in its current state, including any defects that might not be immediately apparent. This type of sale protects the seller from having to refund the buyer or repair the item if issues arise after the sale. When selling something as-is, it’s important to state so clearly on the bill of sale. In some cases, a seller may choose to offer a warranty as an incentive to buyers. In this instance, sellers should explain on the bill of sale what will and will not be provided or covered under the warranty, and for what period of time.
A bill of sale is comparable to a receipt, whereas a sales agreement acts as a contract. Since a bill of sale may contain as-is or warranty information, it’s important to read the document closely and make sure all the terms are understood and accurate. Especially for high-price items or more complicated agreements, a seller or buyer may want to have a third party, such as an attorney, check the bill of sale to ensure critical information isn’t missing.
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Payment: In addition to the price of the item for sale, document the form of payment and whether the final total includes sales tax. If you are trading items rather than selling them for cash, describe the transaction on the bill of sale with details about each of the items being exchanged.
At its most basic, a bill of sale should include the transaction date, the item sold and its cost, and details about the seller and buyer, along with signatures. A document with that information is acceptable as a sales slip and proof of purchase, but other information may be needed, including whether the item is being sold as-is or with a warranty, the location of the property, or plans for delivery.