How to Create a Bill of Sale
A bill of sale is a legal document that transfers ownership of an item from a seller to a buyer. It documents what was sold, for how much, and when โ protecting both parties from future disputes.
This guide walks through every field that belongs on a bill of sale, how to handle AS-IS clauses, when you need notarization, and state-specific requirements for vehicles.
What Is a Bill of Sale?
A bill of sale is not just a receipt. While a receipt confirms that money changed hands, a bill of sale:
- Legally transfers ownership from seller to buyer
- Documents the item's condition and identifying details at the time of sale
- Records that the buyer accepted the item (usually AS-IS)
- Provides legal protection if ownership is later disputed
- May be required by a government agency to register or title the property
Required Fields on a Bill of Sale
Every bill of sale should contain these elements:
1. Both Parties' Information
- Full legal name of the seller
- Full legal name of the buyer
- Mailing addresses for both parties
- Contact information (phone, email)
- For vehicles: driver's license numbers for both parties
2. Item Description
The description should make the item uniquely identifiable. Include:
- Vehicles: Year, make, model, color, VIN, odometer reading, title number
- Boats: Make, model, year, HIN (Hull Identification Number), engine serial number, any included trailer
- Equipment/Machinery: Manufacturer, model, serial number, year, condition
- Electronics: Make, model, serial number, IMEI (for phones), condition
- General property: Detailed description, color, size, condition, any unique features
3. Sale Terms
- Purchase price (write out in both numbers and words: "$8,500.00 (Eight Thousand Five Hundred Dollars)")
- Payment method (cash, wire transfer, cashier's check, etc.)
- Date of sale
- Whether any additional items are included (trailer, accessories, documents)
4. AS-IS Clause
The AS-IS clause is one of the most important parts of a bill of sale. It states that the buyer accepts the item in its current condition, with no warranty from the seller. After both parties sign, the seller is not responsible for any defects, damage, or issues discovered after the sale date.
A standard AS-IS clause reads:
5. Seller's Representations
The seller should represent that they own the item free and clear:
- They are the lawful owner
- The item is free from all liens and encumbrances
- They have full authority to sell
For vehicles: always verify there's no lien on the title before buying. A vehicle with a lien means the seller still owes money on it โ that lien follows the vehicle, not the seller.
6. Signatures
Both parties must sign and date the bill of sale. Print at least two copies โ one for the seller, one for the buyer. Both parties should sign both copies.
Vehicle Bill of Sale โ Special Requirements
Vehicles require additional fields beyond the basics:
- Odometer Disclosure Statement โ federally required for vehicles under 10 years old. The seller certifies the odometer reading is accurate and hasn't been tampered with.
- Title number โ the existing title number (the buyer will surrender this to get a new title in their name)
- State of title โ which state issued the current title
| State | Specific Requirement |
|---|---|
| California | Smog cert required; seller must file Notice of Release of Liability within 5 days |
| Texas | 6.25% motor vehicle tax on SPV or sale price (higher); Form 130-U required |
| Florida | HSMV 82050 optional; 6% sales tax + county surtax; 30-day title transfer |
| New York | DMV Form MV-912 recommended; 8%+ combined sales tax; 30-day registration |
| Illinois | RUT-50 form required; flat-rate private party use tax; 20-day title transfer |
Notarization
Notarization adds a layer of legal credibility โ a notary public witnesses the signing and applies their seal, making it significantly harder to dispute later.
When notarization is required:
- Louisiana, Maryland, Montana, Nebraska, New Hampshire, and West Virginia require notarization for vehicle title transfers
- Some states require notarization for boat registration
- High-value personal property transactions (jewelry, antiques, collectibles)
When notarization is recommended (even if not required):
- Any transaction over $5,000
- Firearms transfers
- Out-of-state transactions where parties can't meet in person
- Any transaction where you have reason to expect a future dispute
Step-by-Step: Creating a Bill of Sale
- Choose the right template โ select a template specific to what you're selling (vehicle, boat, equipment, general property)
- Fill in both parties' information โ use full legal names and current addresses; for vehicles include DL numbers
- Describe the item precisely โ include all identifying numbers (VIN, serial number, HIN); be thorough
- Write the sale price in full โ both numerals and words
- State the payment method โ cash, cashier's check, wire transfer
- Include the AS-IS clause โ don't skip this; it's your protection as a seller
- Print two copies โ both parties sign both copies
- Get notarized if required โ check your state's requirements before the meeting
- File with the relevant agency if applicable โ vehicles go to DMV; boats to maritime registry or equivalent