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A bill of sale is a type of sales receipt often used when an individual is selling an item that carries a high value, such as a used car, boat, or aircraft. A bill of sale can document the sale of personal property, tools, animals such as livestock or pets, and household furnishings or appliances. However, this type of documentation is generally not used when selling low-cost items, providing services, or for real estate purchases. While the seller typically provides the document, both parties gain some protection from it: Buyers can retain a copy of the bill of sale as proof of purchase, payment, and ownership, and sellers can document the terms of the sale and the condition of the item. Both buyers and sellers may need a bill of sale for accounting, tax reporting, or insurance purposes.
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A Bill of Sale acts as a receipt for both parties. The seller can use it to prove that an item was sold to the purchaser "as-is", and the buyer can use it to prove that payment in full was given to the seller. It also provides a sale date to both parties, which can show when the responsibility of the item was transferred. Both the purchaser and the seller can use a Bill of Sale as evidence of the price paid for tax purposes.
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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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.
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.