As-Is Bill of Sale: What It Means & How to Write One
As-Is Sales, Explained
An as-is bill of sale puts in writing that the buyer accepts the item in its current condition. The seller gives no warranties. The buyer has no recourse after the sale.
- No warranties The seller makes no warranties, express or implied. The buyer accepts the item as it is, defects included, and cannot come back later.
- Put it in writing Most private vehicle sales in the US are as-is by default. Courts treat a written as-is clause as far stronger than a spoken agreement.
- Still disclose known defects Most states require sellers to disclose known material defects. An as-is clause does not protect you from fraud or hiding problems on purpose.
- Enforceable in court Generally yes, if the language is clear, both parties sign, and nothing was hidden. A few states extend lemon-law protections to private sales.
- What to include The date, the buyer and seller, the item, the price, and how it was paid. Add the as-is clause, known defects, and both signatures, plus a mileage statement for most vehicles under 20 model years old (federal law).
- Notary rules vary by state In most states a signed form is enough on its own. North Dakota's official form is notarized, Louisiana takes a notarized title assignment or bill of sale, and West Virginia asks for one only when the price is well below book value.
Selling a car, boat, or other property "as-is" means the buyer accepts it in its current condition — no warranties, no take-backs. An as-is bill of sale puts that agreement in writing and is your single best protection against post-sale disputes.
What Does "As-Is" Mean on a Bill of Sale?
When a bill of sale includes an as-is clause, the seller is explicitly stating that the item is sold in its present condition — including any defects, mechanical issues, cosmetic damage, or undisclosed problems the buyer didn't ask about. The seller makes no warranties, express or implied, about the item's condition, fitness for a particular purpose, or future performance.
In plain English: once the keys change hands and the as-is bill of sale is signed, the buyer can't come back to you because the transmission fails a week later.
Most private vehicle sales in the United States are as-is by default. But courts have consistently ruled that a written as-is clause is far stronger protection than an oral "sold as-is" understanding. The phrase needs to be on paper.
As-Is vs. With Warranty: What's the Difference?
| Factor | As-Is Sale | With Warranty |
|---|---|---|
| Seller liability after sale | None | Defined by warranty terms |
| Buyer recourse for defects | None (buyer assumed risk) | Repair, replace, or refund |
| Common use case | Private sales, salvage, auctions | Dealer sales, certified pre-owned |
| Required disclosure | Known material defects (most states) | Warranty scope and duration |
Important: Even with an as-is bill of sale, most states still require sellers to disclose knownmaterial defects — issues that would materially affect the vehicle's value or safety. Selling as-is does not protect you from fraud or intentional concealment. Disclose what you know; the as-is clause handles the unknowns.
What to Include in an As-Is Bill of Sale
A complete as-is bill of sale should contain:
- Date of sale — the exact date the transaction closes.
- Buyer and seller information— full legal names, addresses, phone numbers, and driver's license or ID numbers for both parties.
- Item description — for a vehicle: year, make, model, trim, color, VIN, current odometer reading, and license plate number. For other property: enough description to make the item uniquely identifiable.
- Sale price— the agreed purchase price in figures and words. If the item is a gift or family transfer, state $0 or "gift — no monetary consideration" as appropriate.
- Payment method— cash, cashier's check, Venmo, wire transfer, etc.
- As-is clause — explicit language stating the sale is as-is, without warranties, and that the buyer acknowledges the condition. (See example language below.)
- Known defects disclosure — a brief list or statement of defects you are aware of. This protects you from fraud claims.
- Odometer disclosure — required by federal law for most motor vehicles under 20 model years old. NHTSA extended this from 10 years in 2021, and plenty of templates still carry the old figure. See our odometer disclosure guide.
- Signatures of both parties — buyer and seller must sign and date. Some states also require a witness or notary (see below).
As-Is Clause Language (Copy-Paste)
You can use this exact language in your bill of sale:
The property described in this bill of sale is sold "as-is, where-is" with no warranties or representations of any kind, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. The Buyer has had the opportunity to inspect the property and accepts it in its current condition. The Seller shall not be liable for any defects, damage, or condition of the property, known or unknown, existing at the time of sale.
If you know of specific defects, add a line like:
The Seller discloses the following known conditions: [list defects]. Buyer acknowledges receipt of this disclosure.
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As-Is Bill of Sale by Vehicle Type
As-Is Car Bill of Sale
Car sales generate the most as-is disputes, so getting the language right matters most here. In addition to the as-is clause:
- Include the complete VIN (17 characters).
- State the exact odometer reading at the time of sale.
- Complete the federal odometer disclosure statement (required for vehicles under 20 model years old and under 16,000 lb GVWR).
- Mention any known mechanical, electrical, or body issues in the defects disclosure.
- Check your state's requirements — some states have mandatory bill of sale forms (requirements by state).
See the full car bill of sale guide for state-specific requirements and a free template.
As-Is Boat Bill of Sale
Boats sold privately are almost always sold as-is. In addition to the standard clauses, include:
- Hull Identification Number (HIN) — 12-character serial number on the transom.
- Engine make, model, and serial number (if included in the sale).
- Registration number and state of registration.
- Trailer information if sold as a package (separate VIN).
- Any known structural, mechanical, or electrical defects (bilge pump, engine condition, hull cracks).
As-Is Motorcycle Bill of Sale
Motorcycle as-is sales follow the same structure as car sales. Key additions:
- VIN (17 characters, typically on the steering head tube).
- Odometer mileage.
- Engine size in cc.
- Known issues (tires, brakes, frame damage, rebuilt title status).
As-Is General Property Bill of Sale
For furniture, electronics, tools, machinery, or other property, the same as-is principles apply. Describe the item in enough detail to make it identifiable — serial numbers, model numbers, dimensions, and any notable characteristics. List known defects clearly.
Do You Need to Notarize an As-Is Bill of Sale?
It depends on your state, and the exceptions are narrower than the lists circulating online suggest. Most states do not require notarization for a private vehicle sale — a signed bill of sale is enough. North Dakota's official form is itself notarized; Louisiana accepts either a notarized title assignment or a notarized bill of sale; and West Virginia requires one only when the price falls well below book value. In Kentucky, North Carolina, Ohio and Oklahoma the notarization attaches to the title assignment rather than the bill of sale. Montana, often listed as a notary state, requires none for an ordinary private sale. Confirm on your state page before you rely on any list.
Notarization never hurts — it adds a layer of legal weight that can deter future disputes. If you're selling a high-value vehicle or dealing with a buyer you don't know, getting the document notarized at a bank, UPS Store, or online notary service (about $5–$25) is worth it.
See the full notarized bill of sale guide for state-by-state requirements.
Does an As-Is Bill of Sale Hold Up in Court?
Generally, yes — as-is clauses are enforceable in all 50 states, provided they are clearly written and both parties understood the terms at the time of signing. Courts have consistently upheld as-is sales when:
- The as-is language was prominently displayed, not buried in fine print.
- The buyer had the opportunity to inspect the vehicle before purchase.
- The seller did not actively conceal known material defects.
- Both parties signed the document.
Where as-is clauses fail in court:
- Fraud or concealment — if you rolled back the odometer, painted over rust, or lied about the title status, an as-is clause doesn't protect you.
- Lemon law provisions — a few states extend lemon law protections to private sales under certain conditions. Check your state's specific laws.
- Vague language — courts have voided as-is clauses that were ambiguous about what was being disclaimed. Use precise language.
As-Is Bill of Sale — Frequently Asked Questions
Can a buyer dispute an as-is sale?
A buyer can always try. But with a properly written, signed as-is bill of sale in hand, the odds of them winning in court are low — unless they can prove you committed fraud by concealing a known defect. Keep a copy of the signed document permanently.
What if the buyer didn't inspect the vehicle before buying?
Their failure to inspect generally doesn't help them post-sale if the as-is clause is in the document — courts view it as the buyer having accepted the opportunity to inspect (whether or not they took it). That said, documenting that an inspection was offered — and noting any test-drives or mechanic visits in the bill of sale — strengthens your position.
Does an as-is clause cover frame damage or a salvage title?
Frame damage and salvage/rebuilt title status are material facts that most courts require you to disclose regardless of any as-is clause. The safest approach: list them explicitly in the known defects disclosure section. An as-is clause covers unknown defects — disclosure covers the known ones.
Can I write an as-is bill of sale by hand?
Yes — handwritten bills of sale are valid in all 50 states as long as they include the required information and are signed by both parties. That said, printed documents are cleaner, easier to read, and less likely to contain ambiguous wording. Use our free template to generate a properly formatted as-is bill of sale in under a minute.
Do I need separate documents for the odometer disclosure?
Federal law requires a separate odometer disclosure statement for most vehicles under 20 model years old — NHTSA raised the threshold from 10 years in 2021. Many bill of sale forms include an integrated odometer section that satisfies this requirement. Check whether the form you're using covers it — our templates do. See the odometer disclosure guide for details.