Free Florida As-Is Bill of Sale

Florida's lemon law (FL Stat. § 681.10 et seq.) covers only new vehicles purchased from licensed dealers — private party as-is sales are completely outside its scope. Under Florida UCC § 672.316, as-is or 'with all faults' language must be conspicuous in the written agreement to effectively disclaim implied warranties of merchantability. Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) generally applies to persons acting in the course of trade or business, not private individuals selling their own vehicles — but common-law fraud for knowing concealment of material defects remains actionable against any seller in Florida.

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Florida As-Is Bill of Sale — What You Need to Know

Primary Form

Standard bill of sale

Agency

Florida DHSMV

Florida Department of Highway Safety and Motor Vehicles (DHSMV)

Primary ID Field

VIN

Sales Tax

0.06%

Title Required

Yes

Florida title must be properly signed over by the seller at the time of sale. Salvage and rebuilt titles must be disclosed and the correct title type transferred. Florida requires the seller to note the odometer reading on the title at the time of transfer.

Inspection

Not required

Sales Tax Details

Florida state sales tax on vehicle purchases is 6%. County discretionary surtax (typically 0.5–1%) may apply depending on the county where the buyer registers. Tax is paid by the buyer at the county tax collector's office at the time of title transfer.

Exemption: Transfers between certain family members (spouse, parent, child, sibling, grandparent, grandchild) may qualify for a sales tax exemption in Florida.

Inspection Requirements

Florida does not require a state safety inspection or emissions test for private party vehicle sales. The buyer can register the vehicle without a pre-sale inspection.

Florida As-Is Sale — Step-by-Step Checklist

Print 'THIS VEHICLE IS SOLD AS IS — NO WARRANTIES EXPRESS OR IMPLIED' or 'SOLD WITH ALL FAULTS' in bold or all-caps prominently in the bill of sale.
Disclose all known material defects in writing — Florida common-law fraud applies to private sellers who conceal known material defects regardless of any as-is clause.
Record the odometer reading on the back of the Florida Certificate of Title at the time of transfer — Florida requires this for qualifying vehicles.
Complete the federal odometer disclosure for vehicles under 10 years old and under 16,000 lbs GVWR.
If the vehicle has a salvage, rebuilt, or flood-damage title, transfer the correct Florida title type and disclose the history in writing — Florida has a significant flood-vehicle fraud problem, and concealing flood damage is fraud.
Sign the back of the Florida Certificate of Title over to the buyer with sale price, odometer reading, and date.
Provide the buyer a dated bill of sale with buyer/seller full names, addresses, VIN, year, make, model, and sale price.
Advise the buyer that Florida sales tax (6% plus any county surtax) is paid at the county tax collector's office when transferring the title.

Common Pitfalls

Using inconspicuous as-is language — FL § 672.316 requires the disclaimer to be conspicuous; buried fine print can be ruled unenforceable, restoring implied warranty liability.
Concealing flood or water damage — Florida is a major market for flood-damaged vehicles; knowingly selling a flood-damaged vehicle without disclosure is fraud under Florida common law and can lead to criminal charges as well as civil liability.
Failing to disclose a salvage or rebuilt title — concealment voids the as-is protection and exposes the seller to rescission, damages, and potential criminal fraud charges.
Confusing FDUTPA protection with complete immunity — while FDUTPA generally doesn't reach private sellers, Florida common-law fraud does; knowingly concealing any material defect remains actionable.
Not recording the odometer on the title at transfer — Florida requires the odometer reading on the title assignment; skipping this can complicate the buyer's title transfer and creates potential odometer fraud exposure.

Pro Tip

Florida's large market for used vehicles — including a significant volume of hurricane and flood-damaged cars — makes full written disclosure of any water, salvage, or structural damage particularly important. FDUTPA's limited reach for private sellers is a real protection, but common-law fraud fills the gap; disclose what you know and document everything.

Florida As-Is Bill of Sale — FAQs

Does Florida's lemon law apply to a used car purchased privately as-is?

No. Florida's lemon law (FL Stat. § 681.10) applies only to new vehicles purchased from licensed dealers. A private party as-is sale provides no lemon law protection — the buyer accepts the vehicle in its current condition and can only pursue fraud or breach of express representations made by the seller.

Does FDUTPA protect a buyer against a private seller who conceals defects?

Generally no. FDUTPA applies to persons acting in the course of trade or business — a private individual selling their own vehicle in a one-time transaction typically falls outside FDUTPA's reach. However, Florida common-law fraud does apply, and a seller who knowingly conceals a material defect can be sued for fraud, rescission, and damages.

I want to sell a flood-damaged car as-is in Florida. What must I disclose?

Florida has strict requirements around flood-damaged vehicles. If the vehicle received a flood or water-damage designation on its title, you must transfer a title reflecting that history. Even without a formal title designation, knowingly concealing flood damage is fraud under Florida common law and potentially a criminal violation. Disclose flood damage explicitly in writing on the bill of sale.

What tax does the buyer pay on a Florida private vehicle sale?

The buyer pays Florida sales tax at 6% of the purchase price, plus the applicable county discretionary surtax (typically 0.5–1%). Tax is paid at the county tax collector's office when the title is transferred. Some county surtaxes are capped at a maximum dollar amount — check with the county for specifics.

Does Florida require an as-is clause to say 'AS IS' specifically, or will other language work?

Florida UCC § 672.316 accepts 'AS IS,' 'WITH ALL FAULTS,' or similar language as long as it is conspicuous and clearly communicates that the buyer accepts the vehicle in its existing condition. Using both phrases ('AS IS — WITH ALL FAULTS') provides the clearest protection and leaves no ambiguity about the parties' intent.

Free Florida As-Is Bill of Sale

Seller Information

Buyer Information

As-Is Details

Sale Information

Condition & Warranty