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. Form 44237 is used only for gift transfers, not as-is sales.
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 under 10 years old.
- Inform the buyer that they owe 7% sales tax at the BMV when completing the title transfer — this is separate from Form 44237, which applies only to gifts.
- 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
- Confusing Form 44237 with the standard bill of sale — Form 44237 is for gift transfers only. An as-is sale uses a standard bill of sale, not a gift exemption form.
- 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.