Why a Bill of Sale Is Always Important
When transferring your personal property to someone else or making your own major purchase, you’ll need the right documents. This could include a custom bill of sale form, which guarantees that your transaction stays secure. These contracts can make or break a sale — so you need to learn how they work.
When To Use a Bill of Sale
In most situations, a bill of sale isn’t legally necessary, but will still be incredibly helpful. If you’re buying (or selling) something expensive, a clear record of the transaction will serve as vital proof of the purchase. However, even if the goods aren’t especially valuable, it always helps to protect your interests and clarify the sale’s terms.
There are many types of these documents, each pertaining to a specific piece of property. All of these goods will naturally have different legal requirements. For example, horse contracts must state if the new owner has breeding rights. In addition, the DMV often requires a vehicle bill of sale for their own records if a car changes hands.
Always Use Specific Descriptions
Most bills of sale include a space to describe the condition of an item. If you’re selling something and use one of these documents, elaborate on any problems it has. You need to be honest and specific at every stage; or else you risk a dispute.
If you’re selling livestock, talk about their current health and any previous conditions. Carry out a full inspection of the goods and write down any findings. You should prepare for the buyer to ask for a lower price if the item has any notable defects.
Full descriptions are paramount because they make sure every party is on the same page about the item and its condition. Without this requirement, buyers would have no idea about the quality of their new property. There can be absolutely no ambiguity in a bill of sale.
How These Bills Secure a Transaction
The main reason these documents are so vital is that they keep payments safe. Without them, sellers could trick buyers into paying for faulty goods, or buyers could fraudulently dispute a sale for their own gain. Should any legal trouble emerge as a result of the purchase, a legally-binding sale agreement is invaluable evidence.
Some states (including Louisiana and Nebraska, among others) ask you to notarize the bill for it to take effect. Even in states that don’t require it, this adds yet another layer of security; and can still help verify the transaction. No matter where you are in the US, a complete bill of sale serves as a full record of any personal transaction.
Practical Examples of a Bill of Sale
There are many situations where a robust bill of sale will help you make safe purchases. In fact, there are effectively no limits to the types of items these documents could take care of. With this in mind, here are three example scenarios:
- Livestock Sales
If you’re buying an animal, the bill must detail its health history, including any vaccinations. This lets you determine if it’s healthy enough for your needs. For some livestock, such as horses, you might need to negotiate for their breeding rights. - Vehicle Sales
When selling a car, you’ll need to include the vehicle identification number, as well as its current odometer readings. On top of this, the DMV requires a sale agreement to change a car’s owner in around half of all states. - Firearm Sales
Gun sales are complicated, and it’s the seller’s responsibility to conduct a background check on the buyer. Some states require this by law. Include a disclaimer within the bill for a buyer to sign, certifying that they can legally own a firearm.
Common Mistakes in a Bill of Sale
You’ll see none of these documents’ benefits if the agreement doesn’t stand up to scrutiny. One of the biggest mistakes a buyer or seller can make is not properly describing the item — or even misrepresenting it. Clarity is key for every bill of sale.
In addition, you should always check your state laws in case you need to notarize the bill or get witnesses. Additional paperwork for some goods (such as vehicles) might also be necessary. Do not neglect any local requirements that will affect your contract.
The biggest mistake somebody could make with a bill of sale is not reviewing it. Ask a lawyer to check the document and make sure it’s all in order. Even if this adds another fee, the alternative could be a legally-unsafe purchase agreement.
Final Thoughts
In a transaction that involves personal property, you can’t leave things to chance. This is why an airtight bill of sale is non-negotiable — even if this is just a precaution. A custom online template can make sure you get a bill with every detail and consideration you’re sure to need.
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