What is a Bill of Sale? Complete Guide
A bill of sale is one of the most important documents in any private sale transaction. Whether you are buying or selling a car, motorcycle, boat, or any personal property, understanding what a bill of sale is and how to create one is essential.
Definition
A bill of sale is a legal document that records the transfer of ownership of personal property from a seller to a buyer. It functions as a receipt and provides written proof that a transaction took place, including the terms of the sale.
When Do You Need a Bill of Sale?
You typically need a bill of sale when:
- Selling or buying a vehicle: Most states require a bill of sale to transfer the vehicle title at the DMV.
- Selling high-value personal property: Boats, horses, firearms, RVs, ATVs, and other valuable items.
- Tax purposes: The bill of sale documents the sale price, which is used to calculate applicable sales tax.
- Legal protection: It protects both parties by clearly documenting the terms of the sale.
What to Include in a Bill of Sale
A thorough bill of sale should include:
- Seller information: Full name, address, phone number
- Buyer information: Full name, address, phone number
- Item description: For vehicles, include year, make, model, VIN, color, and mileage
- Sale price: The agreed-upon purchase price
- Payment method: Cash, check, bank transfer, etc.
- Date of sale: When the transaction occurred
- Condition statement: Whether the item is sold "as-is" or with warranty
- Signatures: Both buyer and seller must sign
- Notarization: Required in some states
State Requirements
Bill of sale requirements vary significantly by state. Key differences include:
- Notarization: States like Florida, Iowa, Minnesota, and North Carolina require notarization.
- Title transfer deadlines: Range from 10 days (California, Massachusetts) to 180 days (New York).
- Sales tax: Ranges from 0% (Oregon, Montana, New Hampshire, Alaska) to over 8% (Nevada, Tennessee).
- Additional forms: Many states require specific DMV forms alongside the bill of sale.
Bill of Sale vs. Title
A bill of sale and a vehicle title are different documents that serve different purposes:
- A bill of sale documents the transaction — it proves a sale happened and records the terms.
- A title proves ownership — it is the official government document showing who legally owns the vehicle.
You typically need both documents to complete a vehicle transfer. The seller signs over the title to the buyer, and the bill of sale documents the details of the transaction.
Frequently Asked Questions
What is a bill of sale?
A bill of sale is a legal document that records the transfer of ownership of personal property from a seller to a buyer. It serves as proof of the transaction and typically includes details about both parties, the item being sold, the sale price, and the date.
Do I need a bill of sale to sell a car?
In most states, yes. A bill of sale is required or strongly recommended for private party vehicle sales. It protects both the buyer and seller by documenting the terms of the transaction.
Does a bill of sale need to be notarized?
It depends on your state. States like Florida, Texas, Iowa, and several others require notarization for vehicle bills of sale. Check your specific state requirements.
What should a bill of sale include?
A bill of sale should include the full names and addresses of both buyer and seller, a description of the item (VIN for vehicles), the sale price, date of sale, payment method, condition statement, and signatures of both parties.
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