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 (No Warranty). THE PROPERTY IS SOLD "AS-IS, WHERE-IS" WITH ALL FAULTS. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROPERTY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY (CAL. COM. CODE § 2314), FITNESS FOR A PARTICULAR PURPOSE (CAL. COM. CODE § 2315), OR ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. BUYER ACKNOWLEDGES THAT BUYER HAS INSPECTED THE PROPERTY OR HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND ACCEPTS IT IN ITS PRESENT CONDITION. THIS DISCLAIMER IS MADE IN COMPLIANCE WITH CAL. COM. CODE § 2316.

NOTE — Song-Beverly Act: If the Property is a consumer good sold by a retailer or manufacturer, the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.) may limit the ability to disclaim implied warranties. For sales between private parties (non-merchants), as-is sales are generally enforceable.

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

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

☐ Implied Warranty of Title (UCC § 2-312). Seller warrants, pursuant to Cal. Com. Code § 2312, that: (a) the title conveyed shall be good, and its transfer rightful; (b) the Property shall be delivered free from any security interest or other lien or encumbrance of which the Buyer at the time of contracting has no knowledge; and (c) the Property is free from any rightful claim of infringement.

☐ 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 herein is accurate to the best of Seller's knowledge, and the odometer has not been tampered with, disconnected, or reset, in compliance with the Federal Odometer Act (49 U.S.C. § 32703) and Cal. Veh. Code § 28050.5.

☐ 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'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 (biennial smog inspection) as required by Cal. Health & Safety Code § 44015 et seq. for vehicle transfers.

☐ 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 an electric or hybrid vehicle
☐ Transfer is between family members (parent, child, grandparent, grandchild, spouse, or sibling)
☐ Vehicle is four model years old or newer
☐ Other exemption: [________________________________]

11.2 Required DMV Documentation

☐ Certificate of Title (signed by Seller on the reverse)
☐ Release of Liability (REG 138) — Seller must file within 5 calendar days of sale per Cal. Veh. Code § 5602
☐ Notice of Transfer and Release of Liability filed online at dmv.ca.gov or by mail
☐ Odometer Disclosure Statement (if vehicle is less than 10 model years old)
☐ 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, [________________________________], a Notary Public in and for said County and State, personally appeared:

[________________________________] (Seller), 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.

[________________________________] (Buyer), 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.

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 enhanced warranty protections for consumer goods sold by retailers and manufacturers in California. It limits the ability of retailers/manufacturers to disclaim implied warranties and provides for treble damages and attorneys' fees. 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. The smog inspection must be completed within 90 days prior to the transfer. Exemptions exist for vehicles 1975 and older, diesel vehicles pre-1998, electric vehicles, and vehicles four model years old or newer.

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. Under Cal. Veh. Code § 5602, the seller must file a Notice of Transfer and Release of Liability (REG 138) with the DMV within 5 calendar days of the sale. This can be done online at dmv.ca.gov. Failure to file releases the seller from liability for parking and traffic violations incurred by the buyer after the sale.

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.