Bill of Sale

BILL OF SALE

STATE OF SOUTH DAKOTA

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Sale and Transfer of Property
4. Purchase Price and Payment
5. Warranties and Representations
6. Risk of Loss
7. Title and Ownership
8. Indemnification
9. Vehicle-Specific Provisions (if applicable)
10. General Personal Property Provisions
11. General Provisions
12. Execution Block
13. Notary Acknowledgment (Optional/Vehicle Required)

1. DOCUMENT HEADER

This Bill of Sale (this "Bill of Sale") is made and entered into as of [DATE OF SALE] (the "Effective Date") by and between:

SELLER:
Name: [SELLER FULL LEGAL NAME]
Address: [STREET ADDRESS]
City: [CITY], South Dakota [ZIP CODE]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]

BUYER:
Name: [BUYER FULL LEGAL NAME]
Address: [STREET ADDRESS]
City: [CITY], State: [STATE] ZIP: [ZIP CODE]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]

1.1 Recitals

A. Seller is the lawful owner of the Property (as defined below) and has full right, power, and authority to sell and transfer the Property.
B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, upon the terms and conditions set forth herein.
C. The parties intend this Bill of Sale to evidence the transfer of ownership of the Property from Seller to Buyer.

NOW, THEREFORE, in consideration of the mutual covenants herein and the Purchase Price paid by Buyer to Seller, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Bill of Sale:

"Bill of Sale" means this document and any attachments or exhibits hereto.

"Buyer" means the person or entity identified as Buyer in Section 1.

"Effective Date" means the date set forth in Section 1.

"Encumbrance" means any lien, security interest, pledge, mortgage, claim, charge, or other encumbrance of any kind.

"Property" means the personal property described in Section 3, including all accessories, attachments, and appurtenances.

"Purchase Price" means the total consideration paid by Buyer to Seller as set forth in Section 4.

"Seller" means the person or entity identified as Seller in Section 1.

"Vehicle" means, if applicable, the motor vehicle described in Section 9.

"Warranty Period" means [NUMBER] days from the Effective Date, or as otherwise specified in Section 5.

3. SALE AND TRANSFER OF PROPERTY

3.1 Grant of Sale

Seller hereby sells, assigns, transfers, conveys, and delivers to Buyer, and Buyer hereby purchases and accepts from Seller, all of Seller's right, title, and interest in and to the following described personal property:

PROPERTY TYPE: ☐ Motor Vehicle ☐ Watercraft/Boat ☐ Trailer ☐ Equipment ☐ Livestock ☐ Other Personal Property

3.2 Property Description

For Motor Vehicles (complete Section 9):

• Year: [YEAR]
• Make: [MAKE]
• Model: [MODEL]
• Body Style: [BODY STYLE]
• Color: [EXTERIOR COLOR]
• VIN: [VEHICLE IDENTIFICATION NUMBER]
• License Plate No.: [PLATE NUMBER] State: [STATE]
• Current Odometer Reading: [MILES] miles

For Other Personal Property:

• Description: [DETAILED DESCRIPTION OF PROPERTY]
• Serial Number(s): [SERIAL NUMBERS, IF ANY]
• Make/Model: [MAKE/MODEL, IF APPLICABLE]
• Quantity: [NUMBER OF ITEMS]
• Condition: [NEW / USED / AS-IS]

3.3 Included Items

The following items are included with the Property at no additional cost:

• [ ] Owner's manual and documentation
• [ ] Keys (quantity: [NUMBER])
• [ ] Remote controls/key fobs (quantity: [NUMBER])
• [ ] Accessories: [LIST ACCESSORIES]
• [ ] Service records and maintenance history
• [ ] Other: [DESCRIBE]

3.4 Excluded Items

The following items are expressly excluded from this sale:
[LIST ANY EXCLUDED ITEMS OR STATE "NONE"]

4. PURCHASE PRICE AND PAYMENT

4.1 Purchase Price

The total Purchase Price for the Property is: $[AMOUNT] (U.S. Dollars)

Written Amount: [AMOUNT IN WORDS] Dollars

4.2 Payment Method

Payment shall be made as follows (check all that apply):

☐ Cash: $[AMOUNT] paid upon execution
☐ Certified Check/Cashier's Check: $[AMOUNT] Check No.: [NUMBER]
☐ Personal Check: $[AMOUNT] Check No.: [NUMBER] (subject to clearance)
☐ Wire Transfer: $[AMOUNT] to Account: [LAST 4 DIGITS]
☐ Trade-In Credit: $[AMOUNT] for [DESCRIPTION OF TRADE-IN]
☐ Financing: $[AMOUNT] through [LENDER NAME]
☐ Other: $[AMOUNT] - [DESCRIBE]

4.3 Payment Acknowledgment

☐ Seller acknowledges receipt of the full Purchase Price.
☐ Partial payment of $[AMOUNT] received; balance of $[AMOUNT] due on [DATE].

4.4 Taxes and Fees

(a) Sales Tax: Buyer is responsible for payment of all applicable South Dakota sales tax (currently 4.5% state, plus applicable municipal taxes).
(b) Title and Registration Fees: Buyer is responsible for all title transfer and registration fees.
(c) Other Fees: [SPECIFY ANY OTHER FEES AND RESPONSIBLE PARTY]

5. WARRANTIES AND REPRESENTATIONS

5.1 Seller's Representations

Seller represents and warrants to Buyer that:
(a) Seller is the sole and lawful owner of the Property;
(b) Seller has full right, power, and authority to sell and transfer the Property;
(c) The Property is free and clear of all Encumbrances, except: [LIST ANY ENCUMBRANCES OR STATE "NONE"];
(d) Seller has disclosed all known material defects in the Property;
(e) All information provided by Seller regarding the Property is true and accurate to the best of Seller's knowledge.

5.2 Warranty Status (SELECT ONE)

☐ OPTION A: AS-IS SALE (No Warranty)

THE PROPERTY IS SOLD "AS-IS, WHERE-IS" WITH ALL FAULTS. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT BUYER HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION.

Buyer's Initials: _______ Seller's Initials: _______

☐ OPTION B: LIMITED WARRANTY

Seller warrants that the Property shall be free from defects in materials and workmanship for a period of [NUMBER] days from the Effective Date (the "Warranty Period"). During the Warranty Period, Seller shall, at Seller's option, repair or replace any defective component. This warranty does not cover:

• Normal wear and tear
• Damage caused by misuse, abuse, or negligence
• Damage caused by unauthorized modifications
• Consumable items (filters, fluids, etc.)

☐ OPTION C: MANUFACTURER'S WARRANTY ONLY

The Property is sold with the remaining manufacturer's warranty only. Seller makes no additional warranties. Remaining warranty information:

• Warranty Provider: [NAME]
• Expiration Date: [DATE]
• Coverage: [DESCRIBE]

5.3 Known Defects Disclosure

Seller discloses the following known defects or conditions:
[LIST ALL KNOWN DEFECTS, DAMAGE, OR ISSUES, OR STATE "NONE KNOWN"]

5.4 Buyer's Acknowledgments

Buyer acknowledges that:
(a) Buyer has had the opportunity to inspect the Property prior to purchase;
(b) Buyer is satisfied with the condition of the Property;
(c) Buyer is not relying on any representations not contained in this Bill of Sale;
(d) Buyer understands the warranty status selected in Section 5.2.

6. RISK OF LOSS

6.1 Transfer of Risk

Risk of loss or damage to the Property shall pass to Buyer upon:
☐ Execution of this Bill of Sale
☐ Physical delivery of the Property to Buyer
☐ Other: [SPECIFY]

6.2 Insurance

Buyer is responsible for obtaining insurance coverage for the Property effective as of the transfer of risk.

7. TITLE AND OWNERSHIP

7.1 Transfer of Title

Upon receipt of the full Purchase Price, Seller shall:
(a) Execute and deliver this Bill of Sale;
(b) For vehicles: Sign over the certificate of title and provide all necessary transfer documents;
(c) Deliver physical possession of the Property to Buyer;
(d) Provide all keys, remotes, and access devices.

7.2 Title Documents

Seller shall provide the following documents (check all that apply):
☐ Certificate of Title (signed and dated)
☐ Damage Disclosure Statement (if required)
☐ Odometer Disclosure Statement (for vehicles under 20 years old)
☐ Lien Release (if applicable)
☐ Power of Attorney (if signing on behalf of owner)
☐ Other: [SPECIFY]

7.3 Encumbrances

☐ The Property is sold free and clear of all Encumbrances.
☐ The Property is subject to the following Encumbrance(s), which Buyer assumes:
Lienholder: [NAME]
Amount Owed: $[AMOUNT]
Account Number: [NUMBER]

8. INDEMNIFICATION

8.1 Seller's Indemnification

Seller shall indemnify, defend, and hold harmless Buyer from and against any claims, damages, losses, or expenses arising from:
(a) Any breach of Seller's representations or warranties in this Bill of Sale;
(b) Any Encumbrance on the Property not disclosed to Buyer;
(c) Any claim of ownership by a third party arising prior to the Effective Date.

8.2 Buyer's Indemnification

Buyer shall indemnify, defend, and hold harmless Seller from and against any claims, damages, losses, or expenses arising from:
(a) Buyer's use, operation, or ownership of the Property after the Effective Date;
(b) Any accident, injury, or damage caused by the Property after the Effective Date.

8.3 Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PROPERTY.

9. VEHICLE-SPECIFIC PROVISIONS

[Complete this section only if the Property is a motor vehicle, watercraft, or trailer]

9.1 Vehicle Information

9.2 Odometer Disclosure (Federal and State Requirement)

ODOMETER DISCLOSURE STATEMENT

I, [SELLER NAME], hereby certify that the odometer reading as of the date of transfer is:

[ODOMETER READING] miles (no tenths)

☐ The odometer reading reflects the ACTUAL MILEAGE.
☐ The odometer reading reflects mileage IN EXCESS OF the odometer's mechanical limits (99,999 or 999,999).
☐ The odometer reading is NOT the actual mileage. WARNING: ODOMETER DISCREPANCY.

WARNING: Federal and South Dakota law requires disclosure of the vehicle's mileage upon transfer of ownership. Failure to complete this disclosure or providing a false statement may result in fines and/or imprisonment.

Seller's Signature: _________________________ Date: _____________
Buyer's Signature: _________________________ Date: _____________

9.3 Damage Disclosure (South Dakota Requirement)

Has this vehicle ever been:
☐ Yes ☐ No - Declared a total loss by an insurance company
☐ Yes ☐ No - Issued a salvage, rebuilt, or flood title
☐ Yes ☐ No - Subject to flood damage
☐ Yes ☐ No - Involved in a major accident requiring repairs exceeding $[THRESHOLD]

If yes to any of the above, explain: [EXPLANATION]

9.4 Title Transfer Instructions (South Dakota)

To complete the title transfer in South Dakota:

1. Seller must sign and date the back of the title certificate
2. Seller must complete the odometer disclosure on the title
3. Buyer must obtain title and registration within 45 days of purchase
4. Buyer must pay applicable sales tax and fees to the County Treasurer
5. Required documents: Signed title, this Bill of Sale, valid ID, proof of insurance

South Dakota Title Fee: Approximately $10 (verify current fee)
Registration Fee: Varies by vehicle type and weight

9.5 Emissions and Safety Inspection

☐ Not required in South Dakota (no state inspection program)
☐ Other jurisdiction requirements may apply if buyer is out-of-state

10. GENERAL PERSONAL PROPERTY PROVISIONS

[Complete this section for non-vehicle personal property]

10.1 Detailed Property Description

[PROVIDE COMPREHENSIVE DESCRIPTION INCLUDING:

• Physical characteristics (size, weight, color, material)
• Brand, manufacturer, model number
• Serial numbers or identifying marks
• Age and condition
• Any accessories or components included]

10.2 Delivery

☐ Buyer takes possession at Seller's location: [ADDRESS]
☐ Seller will deliver to Buyer's location: [ADDRESS] by [DATE]
☐ Shipped via: [CARRIER] at [BUYER'S / SELLER'S] expense

10.3 Special Conditions

[ANY SPECIAL CONDITIONS OR AGREEMENTS REGARDING THE PROPERTY]

11. GENERAL PROVISIONS

11.1 Governing Law

This Bill of Sale shall be governed by and construed in accordance with the laws of the State of South Dakota.

11.2 Entire Agreement

This Bill of Sale constitutes the entire agreement between the parties concerning the sale of the Property and supersedes all prior negotiations, representations, or agreements.

11.3 Amendment

This Bill of Sale may be amended only by a written instrument signed by both parties.

11.4 Severability

If any provision of this Bill of Sale is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.5 Binding Effect

This Bill of Sale shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns.

11.6 Counterparts

This Bill of Sale may be executed in counterparts, each of which shall be deemed an original.

11.7 Electronic Signatures

Signatures transmitted by electronic means (PDF, DocuSign, etc.) shall be deemed original signatures for all purposes.

11.8 Notices

Any notice required or permitted hereunder shall be in writing and delivered to the addresses set forth in Section 1.

12. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the Effective Date.

SELLER:

Signature: _________________________________

Printed Name: _________________________________

Date: _________________________________

BUYER:

Signature: _________________________________

Printed Name: _________________________________

Date: _________________________________

WITNESS (Optional):

Signature: _________________________________

Printed Name: _________________________________

Address: _________________________________

Date: _________________________________

13. NOTARY ACKNOWLEDGMENT

[Required for motor vehicle transfers in South Dakota; optional for other property]

STATE OF SOUTH DAKOTA
COUNTY OF [COUNTY NAME]

On this [DAY] day of [MONTH], [YEAR], before me, the undersigned Notary Public, personally appeared:

[SELLER NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

[BUYER NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity.

WITNESS my hand and official seal.

_________________________________
Notary Public, State of South Dakota

My Commission Expires: _________________

[NOTARY SEAL]

CHECKLIST FOR VEHICLE SALES IN SOUTH DAKOTA

☐ Complete all sections of this Bill of Sale
☐ Seller signs title certificate on reverse
☐ Complete odometer disclosure on title
☐ Complete damage disclosure if applicable
☐ Buyer obtains proof of insurance before driving
☐ Remove license plates (Seller may keep SD plates)
☐ Buyer applies for title within 45 days at County Treasurer
☐ Pay sales tax (4.5% state + local) and fees
☐ Keep copy of Bill of Sale for records (both parties)