Free Indiana As-Is Bill of Sale
Indiana's lemon law (IC 24-5-13) covers only new vehicles sold by dealers — private as-is sales have no lemon law protection. Under Indiana UCC (IC 26-1-2-316), an 'AS IS' disclaimer must be in writing and conspicuous to exclude implied warranties. The #1 risk in an Indiana private sale is common law fraud: Indiana courts consistently hold that known material defects must be disclosed, and an as-is clause will not shield a seller who actively concealed a problem.
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Indiana As-Is Bill of Sale — What You Need to Know
Sales Tax Details
Indiana imposes a 7% sales tax on private party vehicle sales, collected by the BMV at the time of title transfer.
Inspection Requirements
Indiana has no mandatory statewide vehicle safety inspection for private sales or registration.
Indiana As-Is Sale — Step-by-Step Checklist
- Write 'AS IS — NO WARRANTIES EXPRESSED OR IMPLIED' in bold uppercase on the bill of sale to satisfy IC 26-1-2-316 conspicuousness and writing requirements.
- Disclose all known material defects in writing on the bill of sale — Indiana courts treat concealment of material defects as fraud, which can pierce the as-is clause.
- Sign the Indiana certificate of title over to the buyer and complete the odometer disclosure for vehicles of model year 2011 or newer.
- Inform the buyer that they owe 7% sales tax at the BMV when completing the title transfer.
- Confirm the buyer understands the 45-day deadline to complete the title transfer at the BMV to avoid late transfer fees.
- If the vehicle has a salvage or rebuilt title, disclose this in writing; Indiana requires title status disclosure.
- Retain a signed copy of the bill of sale for your records for at least 3 years.
Common Pitfalls
- Treating State Form 44237 as a gift form — it is Indiana's bill of sale, and the as-is clause belongs on the bill of sale both parties sign.
- Relying on the as-is clause to cover a known defect you did not disclose — Indiana common law fraud claims are not blocked by as-is language when the seller had actual knowledge of the defect.
- Writing 'as is' in lowercase within the text of the bill without visual distinction — IC 26-1-2-316 requires conspicuous writing; a court can void an inconspicuous disclaimer.
- Not informing the buyer of the 45-day BMV title transfer deadline — if the buyer misses it, they face late fees and the seller can remain on record as the registered owner.
Pro Tip
In Indiana, the written and conspicuous as-is clause combined with honest written disclosure of all known defects is the seller's best protection. The common law fraud standard is the real enforcement mechanism — courts will not let a seller hide behind as-is language when they knew about the problem.