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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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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.
Witness: Some states require a notarized bill of sale when an individual is selling a vehicle. Check with your local DMV to determine what documents and procedures you need to complete. Even if you don’t need a notary to witness your bill of sale, you may choose to have a third party sign the document to show that he or she observed the buyer and seller signatures.
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Although the seller typically provides a bill of sale for a transaction, both buyer and seller should receive a copy of the signed document for their records. Full payment should be made upfront unless a payment plan or other terms have been agreed to — if this is the case, it should be indicated on the bill of sale. If a buyer is unable to pay the full amount at the time of purchase, include a promissory note that outlines the terms of a payment plan or funding from a lender — that would constitute a conditional bill of sale, which is described further in the list of templates below. In order to sell an item, a seller must be the rightful owner, so buyers may want to see proof of ownership before agreeing to purchase an item, or ask that the seller include a sentence on the bill of sale that certifies his or her right to sell.
A Bill of Sale should only be used for "as-is" purchases when payment in full will be made once the item is exchanged, and both parties accept to buy and sell the item in its current condition. It expressly disclaims any warranties that relate to the quality or fitness of the product. If you are looking for a contract that includes more specific terms, provides warranties or you wish to have full payment made after the item is provided