Author : Madeleine Woodbury.
Published : Fri, Sep 14 2018 :6 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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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
As-is is an important term in a Bill of Sale form. It means that the item was bought and sold in its current condition and that the buyer is accepting the item with all of its faults, whether they are apparent or not. "As-is" protects the seller from having to refund the buyer for any item-related issues after it was received and paid for.
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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.
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.