Free Michigan As-Is Bill of Sale
Michigan's Lemon Law (MCL § 257.1401) covers only new vehicles — private as-is sales carry zero lemon law protection for buyers. Under the Michigan UCC (MCL § 440.2316), an 'AS IS' clause validly excludes all implied warranties when displayed conspicuously. The #1 risk for Michigan sellers is MCL § 257.248a, which requires disclosure of salvage, rebuilt, or flood-damaged title status — failing to disclose exposes the seller to criminal fraud liability, not just civil claims.
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Michigan As-Is Bill of Sale — What You Need to Know
Sales Tax Details
6% Michigan use tax assessed on sale price at the time the buyer applies for a new title at any SOS branch office.
Inspection Requirements
Michigan does not require a pre-purchase or post-sale safety inspection for private party transactions, but buyers may independently arrange a pre-purchase inspection.
Michigan As-Is Sale — Step-by-Step Checklist
- Write 'AS IS — NO WARRANTIES EXPRESS OR IMPLIED' prominently on the face of the bill of sale to satisfy MCL § 440.2316.
- Check the title for any 'SALVAGE,' 'REBUILT,' or 'FLOOD' branding — Michigan MCL § 257.248a requires you to disclose this in writing before sale.
- Complete the odometer disclosure on the title (required for vehicles under 20 model years old under federal law).
- Sign the title over to the buyer, attach any lien release, and confirm the title is free of stop orders or holds.
- Record the full accurate sale price; the SOS may assess tax on book value if the stated price appears below market.
- Buyer must apply for a new title at an SOS branch within 15 days and pay the 6% use tax.
- Keep a signed copy of the bill of sale for at least 3 years.
Common Pitfalls
- Failing to disclose salvage or rebuilt title history: MCL § 257.248a makes concealment a criminal offense in Michigan — the as-is clause does not shield a seller from this mandatory disclosure requirement.
- Non-conspicuous as-is language: under MCL § 440.2316, the disclaimer must stand out visually. A clause buried in the same-size text as surrounding terms may be ruled unenforceable, leaving implied warranties intact.
- Missing the 15-day title transfer window: the buyer faces penalty fees, and until the title is transferred the vehicle remains associated with the seller's registration record.
- Michigan Consumer Protection Act exposure: MCL § 445.903 can reach private individuals who engage in repeated vehicle sales — courts have found that selling several cars a year may constitute a 'trade or commerce' activity subject to unfair-practices liability.
Pro Tip
Michigan as-is sales are relatively straightforward when documented correctly: conspicuous 'AS IS' language, mandatory salvage disclosure if applicable, accurate odometer statement, and a clean signed-over title. Hand the buyer the original title plus a signed bill of sale, and retain your copy — this paper trail is your defense if the buyer later claims a defect was concealed.