As-Is Bill of Sale

Selling a car or item without any promises about its condition? The as-is clause is ticked by default below. Scroll down to see what it does and doesn't protect you from.

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1 Seller and buyer

2 The motor vehicle

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Federal law requires an odometer disclosure for this vehicle (model year 2011 or newer, under 20 years old). How the rule works

3 Price and terms

Original · Seller

Vehicle Bill of Sale

I, __________________________ ("Seller"), of ________________________________, in exchange for the sum of $____________ (______________________________ dollars), paid by cash, the receipt of which is acknowledged, sell and transfer to __________________________ ("Buyer"), of ________________________________, the following motor vehicle:

Year______________
Make______________
Model______________
Body style______________
Color______________
VIN____________________________
Title number______________
Plate / registration no.______________

Odometer disclosure

Federal and state law require you to state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I, the Seller, state that the odometer now reads ____________ miles and to the best of my knowledge it reflects:

☒ the actual mileage☐ mileage in excess of its mechanical limits☐ not the actual mileage (warning: odometer discrepancy)

Terms

The motor vehicle is sold "as is, where is", with no warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. The Buyer has had the opportunity to inspect it and accepts it in its present condition.

The Seller states that they are the lawful owner, that the motor vehicle is free of all liens, loans and encumbrances, and that they have the right to sell it.

Signed on ____________________.

Seller signatureBuyer signature
Seller printed nameBuyer printed name

Who carries the risk?

Change the seller type and the paperwork and watch where the risk of a hidden defect lands. The difference between a private seller and a dealer, and between an as-is clause and a written promise, is bigger than most people expect.

The rules come from the Uniform Commercial Code, adopted in every state except Louisiana for sales of goods: 2-314 (implied warranty of merchantability, which binds merchants), 2-313 (express warranties) and 2-316 (how to exclude warranties). Dealers selling used cars also follow the FTC Used Car Rule.

Who is selling?
What does the paperwork say?

Who carries the risk of defects: Buyer

A private seller with a clear as-is clause gives no warranty on condition. The buyer takes the item as it is. The seller is still liable for fraud: lying about a known defect or hiding it is not covered by "as is".

Sample as-is clause

The item is sold "AS IS, WHERE IS", with all faults and with no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. The Buyer has inspected the item, or had the opportunity to, and accepts it in its present condition.

What as-is doesn't cover

  • Lies about known defects. Saying "never been in an accident" when it has is misrepresentation.
  • Odometer fraud. Federal law makes rollback a crime regardless of any clause.
  • Title problems. The seller still warrants they own it and can sell it.
  • Written promises. "New brakes last month" is an express warranty even in an as-is sale.

Questions people ask

What does "as is" mean on a bill of sale?

It means the buyer accepts the item in its current condition, with all faults, and the seller makes no promise about how it runs or how long it will last. Legally it disclaims implied warranties under the Uniform Commercial Code (UCC 2-316).

Can I get my money back on an as-is car?

Generally not for defects you could have found by inspecting it. You may still have a claim if the seller lied about a known problem, rolled back the odometer, or sold a car they didn't own.

Does "as is" protect the seller from everything?

No. It doesn't cover fraud or misrepresentation, a specific written promise (an express warranty), title problems, or an odometer rollback.

Should the as-is clause be in capitals?

The UCC requires a warranty disclaimer to be "conspicuous". Bold text, capitals or a separate line all help. Our generator sets it in bold.