Bill of Sale (California)

BILL OF SALE

State of California

Date of Sale: [__/__/____]

Bill of Sale Number / Reference: [________________________________]

SECTION 1 — PARTIES

1.1 Seller Information

1.2 Buyer Information

SECTION 2 — DATE AND LOCATION OF SALE

Date of Sale: [__/__/____]

Location of Sale (City, County, State): [________________________________], [________________________________] County, California

Time of Sale (optional): [________________________________]

SECTION 3 — DESCRIPTION OF GOODS / PROPERTY

3.1 Type of Property

☐ Motor Vehicle
☐ Watercraft / Boat
☐ Trailer
☐ Machinery / Equipment
☐ Furniture / Household Goods
☐ Electronics / Technology
☐ Livestock / Animals
☐ Business Assets / Inventory
☐ Other Personal Property: [________________________________]

3.2 Detailed Description of Property

For Motor Vehicles:

For Watercraft:

For Other Personal Property:

3.3 Accessories, Attachments, and Included Items

[________________________________]

SECTION 4 — PURCHASE PRICE AND CONSIDERATION

4.1 Purchase Price: $[________________________________]

4.2 The purchase price stated above represents:

☐ The full and complete consideration for the Property
☐ Partial consideration — additional consideration includes: [________________________________]
☐ Gift (no monetary consideration)
☐ Trade / Exchange — description of trade property: [________________________________]

4.3 Payment Terms:

☐ Full Payment at Closing. The entire purchase price is paid in full on the date of this Bill of Sale.
☐ Installment Payments. The purchase price shall be paid as follows:

4.4 Payment Method:

☐ Cash
☐ Certified Check / Cashier's Check
☐ Personal Check
☐ Money Order
☐ Wire Transfer
☐ Electronic Payment (Zelle, Venmo, PayPal, etc.): [________________________________]
☐ Other: [________________________________]

4.5 Deposit / Earnest Money (if applicable): $[________________________________] paid on [__/__/____], to be applied toward the purchase price.

SECTION 5 — WARRANTIES

5.1 Warranty Selection. Seller makes the following warranty election regarding the Property (select one):

☐ AS-IS, WHERE-IS (Implied Condition Warranties Excluded Where Permitted). THE PROPERTY IS SOLD "AS-IS, WHERE-IS" WITH ALL FAULTS. SELLER EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT CAL. COM. CODE § 2316 AND ANY APPLICABLE CONSUMER WARRANTY LAW PERMIT. THIS ELECTION DOES NOT NEGATE BARGAIN-BASED EXPRESS WARRANTIES, THE WARRANTY OF TITLE, OR SELLER'S EXPRESS REPRESENTATIONS IN THIS BILL OF SALE. BUYER ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION, SUBJECT TO THOSE SURVIVING WARRANTIES AND REPRESENTATIONS.

NOTE — Song-Beverly Act: In a retail sale of consumer goods, Cal. Civ. Code § 1792 provides implied merchantability warranties, and § 1792.3 permits an "as is" or "with all faults" waiver only if the Act's conditions for such sales are strictly met. Check those conditions before selecting the as-is option for a covered sale.

☐ Express Warranty. Seller warrants the following regarding the Property (describe warranty terms, duration, and limitations): [________________________________]

Duration of express warranty: [________________________________] from date of sale.

Warranty of Title (Cal. Com. Code § 2312). Regardless of the condition warranty election, Seller warrants that (a) the title conveyed shall be good, and its transfer rightful; and (b) the Property shall be delivered free from any security interest or other lien or encumbrance of which Buyer at the time of contracting has no knowledge. If Seller is a merchant regularly dealing in goods of this kind, Seller also warrants, unless otherwise agreed, that the Property will be delivered free from a rightful third-party infringement claim, subject to § 2312(3).

☐ Full Warranty (Express + Implied). Seller provides both express warranties as described above and all implied warranties under California Commercial Code Division 2, including the implied warranty of merchantability (Cal. Com. Code § 2314) and the implied warranty of fitness for a particular purpose (Cal. Com. Code § 2315).

SECTION 6 — SELLER REPRESENTATIONS

Seller represents, warrants, and certifies to Buyer that:

6.1 Seller is the sole and lawful owner of the Property described herein, or is the duly authorized agent of the owner with full authority to sell and transfer the Property.

6.2 The Property is free and clear of all liens, security interests, encumbrances, claims, and demands of every kind, except as follows:

☐ None
☐ The following liens/encumbrances exist: [________________________________]

6.3 Seller has full legal right, power, and authority to sell, transfer, and deliver the Property to Buyer.

6.4 There are no pending or threatened legal proceedings, claims, or actions affecting the Property or Seller's right to sell it.

6.5 The information provided in this Bill of Sale is true, accurate, and complete to the best of Seller's knowledge.

6.6 For motor vehicles: The odometer reading stated here is accurate to the best of Seller's knowledge, and the odometer has not been tampered with, disconnected, or reset. Where federal disclosure is required, the parties shall complete it on the title or authorized reassignment document; this Bill of Sale does not replace that disclosure (49 C.F.R. § 580.5).

☐ Odometer reading reflects actual mileage
☐ Odometer reading reflects mileage in excess of the odometer's mechanical limits
☐ Odometer reading is NOT the actual mileage — DISCREPANCY

6.7 For motor vehicles: Seller has provided a valid smog certificate as required by Cal. Health & Safety Code § 44015, or the vehicle is exempt from smog certification requirements.

SECTION 7 — CONDITION OF GOODS

7.1 Condition at Time of Sale:

☐ New — never used
☐ Used — in good working condition
☐ Used — in fair condition with the following defects or issues: [________________________________]
☐ Used — not in working condition
☐ Salvage / For parts only (Salvage Certificate required for motor vehicles)
☐ Refurbished / Reconditioned

7.2 Known Defects or Issues. Seller discloses the following known defects, damage, or conditions affecting the Property:

[________________________________]

☐ No known defects or issues

7.3 Buyer's Inspection. Buyer acknowledges that:

☐ Buyer has personally inspected the Property prior to this sale and is satisfied with its condition
☐ Buyer has arranged for a third-party inspection and is satisfied with the results
☐ Buyer has elected to waive inspection and accepts the Property in its current condition
☐ Buyer has not had an opportunity to inspect the Property before this sale
☐ Buyer's purchase is contingent upon satisfactory inspection by [__/__/____]

SECTION 8 — RISK OF LOSS AND DELIVERY

8.1 Risk of Loss. Pursuant to Cal. Com. Code § 2509, risk of loss shall pass from Seller to Buyer:

☐ Upon execution of this Bill of Sale
☐ Upon Buyer's physical receipt and acceptance of the Property
☐ Upon delivery to the carrier designated by Buyer (FOB shipping point)
☐ Upon delivery to the destination designated by Buyer (FOB destination)
☐ Other: [________________________________]

8.2 Delivery.

☐ Buyer shall take possession of the Property at the location of sale
☐ Seller shall deliver the Property to Buyer at: [________________________________] by [__/__/____]
☐ Seller shall ship the Property to Buyer via: [________________________________]. Shipping costs shall be borne by: ☐ Seller ☐ Buyer

8.3 Title Transfer. Title to the Property shall transfer from Seller to Buyer:

☐ Upon execution of this Bill of Sale and receipt of full payment
☐ Upon delivery and acceptance of the Property
☐ Upon satisfaction of all payment obligations (title retained as security)
☐ As otherwise provided by Cal. Com. Code § 2401

SECTION 9 — INDEMNIFICATION

9.1 Seller shall indemnify, defend, and hold harmless Buyer from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) any breach of Seller's representations and warranties herein; (b) any undisclosed liens, encumbrances, or security interests on the Property; or (c) any claim by a third party asserting ownership of or interest in the Property.

9.2 Buyer shall indemnify, defend, and hold harmless Seller from and against all claims, damages, losses, liabilities, costs, and expenses arising from Buyer's use, ownership, or possession of the Property after the date risk of loss passes to Buyer.

SECTION 10 — GOVERNING LAW

10.1 This Bill of Sale shall be governed by and construed in accordance with the laws of the State of California, including the California Commercial Code (Cal. Com. Code § 1101 et seq.), without regard to conflict of laws principles.

10.2 Any litigation arising from or relating to this Bill of Sale shall be brought exclusively in the state or federal courts located in [________________________________] County, California.

SECTION 11 — CALIFORNIA-SPECIFIC VEHICLE REQUIREMENTS

This section applies only to motor vehicle transfers.

11.1 Smog Certification

☐ Smog Certificate Provided. Seller has provided a valid smog certificate for this vehicle transfer, as required by Cal. Health & Safety Code § 44015 et seq.

☐ Smog Exempt. The vehicle is exempt from smog certification for one or more of the following reasons:
☐ Vehicle is a 1975 model year or older
☐ Vehicle is a diesel-powered vehicle manufactured prior to 1998
☐ Vehicle is fully electric (a gasoline-electric hybrid is not exempt merely because it is a hybrid)
☐ Transfer is between family members (parent, child, grandparent, grandchild, spouse, or sibling)
☐ Gasoline, hybrid, or alternative-fuel vehicle is four model years old or newer (smog transfer fee applies)
☐ Other exemption: [________________________________]

11.2 Required DMV Documentation

☐ Certificate of Title (signed by Seller on the reverse)
☐ Notice of Transfer and Release of Liability (REG 138) — Seller must notify DMV within 5 calendar days of sale under Cal. Veh. Code § 5900
☐ Notice of Transfer and Release of Liability filed online at dmv.ca.gov or by mail
☐ Odometer disclosure on title or authorized reassignment document, if required (49 C.F.R. §§ 580.5, 580.17; 2010-and-earlier model years generally use a 10-year exemption period, while 2011-and-later model years use 20 years)
☐ Smog Certificate (if required)
☐ Bill of Sale (REG 135 — optional California DMV form)
☐ Application for Title or Registration (REG 343) — Buyer to file within 10 days per Cal. Veh. Code § 5902

11.3 California Sales/Use Tax

☐ Sales tax will be collected at the time of registration at the applicable county rate
☐ The vehicle qualifies for a tax exemption: [________________________________]
☐ The sale is between immediate family members and may qualify for a reduced rate or exemption

SECTION 12 — ADDITIONAL TERMS

[________________________________]

SECTION 13 — SIGNATURES

By signing below, the Parties acknowledge that they have read, understand, and agree to the terms of this Bill of Sale. Seller transfers all right, title, and interest in the Property to Buyer, and Buyer accepts such transfer.

SELLER:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

CO-SELLER (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

BUYER:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

CO-BUYER (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 14 — NOTARIZATION (Optional)

California does not require notarization for most bills of sale. However, notarization is recommended for high-value transactions.

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____] before me, [NAME AND TITLE OF NOTARIAL OFFICER], personally appeared [NAME(S) OF SIGNER(S) WHO PERSONALLY APPEARED], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

Commission Number: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal:

[SEAL]

WITNESS ATTESTATION (Optional)

Witness 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — CALIFORNIA-SPECIFIC REQUIREMENTS

1. UCC Article 2 Applicability. California has adopted UCC Article 2 (Cal. Com. Code § 2101 et seq.), which governs the sale of goods (movable personal property). The bill of sale serves as evidence of the transaction and the transfer of title.

2. Statute of Frauds. Under Cal. Com. Code § 2201, contracts for the sale of goods priced at $500 or more generally must be evidenced by a writing signed by the party against whom enforcement is sought. This Bill of Sale satisfies that requirement.

3. Song-Beverly Consumer Warranty Act. The Song-Beverly Act (Cal. Civ. Code § 1790 et seq.) provides warranty protections for covered consumer goods. Under Cal. Civ. Code § 1794(c), a buyer who proves a willful failure to comply may receive a civil penalty of up to twice actual damages; that penalty does not apply to class actions or claims based solely on an implied warranty. A prevailing buyer may recover reasonable costs and attorney's fees under § 1794(d). This Act generally does not apply to private-party sales.

4. Smog Certification. California law (Cal. Health & Safety Code § 44015 et seq.) requires that the seller provide a valid smog certificate for most motor vehicle transfers. Exemptions include qualifying older vehicles, fully electric vehicles, and gasoline, hybrid, or alternative-fuel vehicles four model years old or newer on a change of ownership; the newer-vehicle exemption carries a smog transfer fee. Hybrids are otherwise subject to Smog Check unless another exemption applies.

5. Vehicle Registration Timeline. Under Cal. Veh. Code § 5902, the buyer must apply for transfer of registration within 10 days of the date of sale. Late fees apply for registration transfers completed after the 10-day deadline.

6. Release of Liability. Cal. Veh. Code § 5900 requires the seller to notify DMV of a vehicle sale or transfer within five calendar days. The notice can be filed online at dmv.ca.gov. Under § 5602, after a bona fide sale and delivery of possession, proper endorsement and delivery of title or submission of the required notice or transfer documents can relieve the seller of specified later parking, abandonment, and operation liabilities. Failure to file the notice does not itself provide that protection.

7. Sales/Use Tax. California imposes sales/use tax on the purchase of tangible personal property. For vehicle purchases, the tax is collected by the DMV at the time of registration. The applicable rate varies by county.

8. Warranty Disclaimer Requirements. Under Cal. Com. Code § 2316, to exclude the implied warranty of merchantability, the disclaimer must mention "merchantability" and, if in writing, must be conspicuous. To exclude the implied warranty of fitness, the exclusion must be in writing and conspicuous. The Song-Beverly Act imposes additional restrictions on warranty disclaimers for consumer goods sold by merchants.

9. Title Transfer. Under Cal. Com. Code § 2401, title passes at the time and place the seller completes physical delivery, unless the parties expressly agree otherwise. For motor vehicles, title transfer requires the signed certificate of title.

10. Lien Searches. Buyers should verify there are no outstanding liens on the property. For motor vehicles, a title search can be conducted through the California DMV. For other personal property, a UCC lien search can be performed through the California Secretary of State.

11. Lemon Law. California's Lemon Law (Cal. Civ. Code § 1793.2) provides remedies for consumers who purchase or lease new motor vehicles that have substantial defects. Buyers of used vehicles should verify whether any Lemon Law buyback history exists.

This template is provided for informational purposes only and does not constitute legal advice. Users should verify current requirements with the California Department of Motor Vehicles or consult a qualified attorney licensed in California.