West Virginia Bill of Sale

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BILL OF SALE

STATE OF WEST VIRGINIA


DOCUMENT INFORMATION

Field Details
Document Type ☐ Motor Vehicle Bill of Sale ☐ General Personal Property Bill of Sale ☐ Combined Vehicle and Personal Property
Date of Sale [__/__/____]
County of Execution [________________________________], West Virginia
Document Reference No. [________________________________]

ARTICLE I — PARTIES TO THIS TRANSACTION

Section 1.1 — Seller

Field Information
Full Legal Name [________________________________]
Date of Birth [__/__/____]
Driver's License / State ID No. [________________________________]
Issuing State [________________________________]
Mailing Address [________________________________]
City [________________________________]
State [____]
ZIP Code [________________________________]
County [________________________________]
Telephone Number [________________________________]
Email Address [________________________________]

Seller Entity Type: ☐ Individual ☐ Married Couple (Joint Sellers) ☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Estate ☐ Other: [________________________________]

If Seller is an entity, provide:

Field Information
Entity Name [________________________________]
WV Secretary of State Registration No. [________________________________]
Authorized Representative Name [________________________________]
Title / Authority [________________________________]

Section 1.2 — Buyer

Field Information
Full Legal Name [________________________________]
Date of Birth [__/__/____]
Driver's License / State ID No. [________________________________]
Issuing State [________________________________]
Mailing Address [________________________________]
City [________________________________]
State [____]
ZIP Code [________________________________]
County [________________________________]
Telephone Number [________________________________]
Email Address [________________________________]

Buyer Entity Type: ☐ Individual ☐ Married Couple (Joint Buyers) ☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other: [________________________________]

If Buyer is an entity, provide:

Field Information
Entity Name [________________________________]
WV Secretary of State Registration No. [________________________________]
Authorized Representative Name [________________________________]
Title / Authority [________________________________]

Section 1.3 — Co-Buyer (if applicable)

Field Information
Full Legal Name [________________________________]
Driver's License / State ID No. [________________________________]
Relationship to Primary Buyer [________________________________]

ARTICLE II — DEFINITIONS

For purposes of this Bill of Sale, the following terms shall have the meanings set forth below:

"As-Is" means the Property is sold without any express or implied warranties of any kind, to the fullest extent permitted under W. Va. Code § 46-2-316, with the Buyer assuming all risk as to the condition, quality, and performance of the Property.

"Bill of Sale" means this document and all attachments, addenda, and exhibits incorporated herein by reference.

"Buyer" means the individual or entity identified in Section 1.2 and, if applicable, Section 1.3 above, purchasing the Property.

"Closing Date" means the date upon which the Property is delivered to the Buyer and final payment is tendered, or [__/__/____] if different from the Date of Sale.

"Encumbrance" means any lien, mortgage, security interest, pledge, charge, claim, restriction, or other interest of any kind that may diminish or affect the Seller's title to the Property.

"NADA Clean Loan Book Value" means the value assigned to a motor vehicle by the National Automobile Dealers Association, used by the West Virginia Division of Motor Vehicles to determine the assessed value for titling tax purposes.

"Property" means all goods, vehicles, and personal property described in Article IV of this Bill of Sale.

"Purchase Price" means the total consideration paid or to be paid by the Buyer to the Seller for the Property, as set forth in Article V.

"Seller" means the individual or entity identified in Section 1.1 above, transferring title and ownership of the Property.

"UCC" means the Uniform Commercial Code as adopted in West Virginia under W. Va. Code Chapter 46.


ARTICLE III — RECITALS

WHEREAS, Seller is the lawful owner of the Property described herein and has the full right, power, and authority to sell, transfer, and convey said Property;

WHEREAS, Buyer desires to purchase the Property from Seller upon the terms and conditions set forth in this Bill of Sale;

WHEREAS, the Parties have agreed upon the Purchase Price and the terms of sale as described herein;

WHEREAS, Seller warrants that the Property is free and clear of all liens, encumbrances, and security interests, except as expressly disclosed in Article VII of this Bill of Sale;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:


ARTICLE IV — DESCRIPTION OF PROPERTY

Section 4.1 — Motor Vehicle Description

(Complete this section if the sale involves a motor vehicle, trailer, or watercraft.)

Field Details
Year [________________________________]
Make [________________________________]
Model [________________________________]
Trim / Package [________________________________]
Body Style [________________________________]
Color (Exterior) [________________________________]
Color (Interior) [________________________________]
Vehicle Identification Number (VIN) [________________________________]
Engine Number [________________________________]
Transmission Type ☐ Automatic ☐ Manual ☐ CVT ☐ Other: [________________________________]
Drive Train ☐ FWD ☐ RWD ☐ AWD ☐ 4WD
Fuel Type ☐ Gasoline ☐ Diesel ☐ Hybrid ☐ Electric ☐ Other: [________________________________]
License Plate Number [________________________________]
License Plate State [________________________________]
Current WV Title Number [________________________________]
Odometer Reading [________________________________] miles

Odometer Disclosure Statement (per W. Va. Code § 17A-3-12a and 49 U.S.C. § 32705):

The Seller hereby certifies that the odometer reading stated above:

☐ Reflects the actual mileage of the vehicle.

☐ Reflects the amount of mileage in excess of the vehicle's mechanical odometer limits (i.e., the odometer has rolled over beyond its maximum reading).

☐ Is NOT the actual mileage of the vehicle. WARNING — ODOMETER DISCREPANCY.

FEDERAL AND STATE NOTICE: Pursuant to 49 U.S.C. § 32705 and W. Va. Code § 17A-3-12a, altering or setting back an odometer with intent to change the number of miles indicated, or disconnecting, resetting, or altering an odometer with intent to defraud, is a violation of federal and state law. Any person who violates these provisions with intent to defraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or imprisoned in the county jail for not more than six (6) months, or both.

Vehicle Condition:

System / Component Condition Known Defects / Notes
Engine ☐ Good ☐ Fair ☐ Poor [________________________________]
Transmission ☐ Good ☐ Fair ☐ Poor [________________________________]
Brakes ☐ Good ☐ Fair ☐ Poor [________________________________]
Tires ☐ Good ☐ Fair ☐ Poor [________________________________]
Electrical System ☐ Good ☐ Fair ☐ Poor [________________________________]
Body / Frame ☐ Good ☐ Fair ☐ Poor [________________________________]
Exhaust System ☐ Good ☐ Fair ☐ Poor [________________________________]
Suspension / Steering ☐ Good ☐ Fair ☐ Poor [________________________________]
Air Conditioning / Heat ☐ Good ☐ Fair ☐ Poor [________________________________]
Glass / Mirrors ☐ Good ☐ Fair ☐ Poor [________________________________]

Damage / Accident Disclosure:

☐ The vehicle has NOT been involved in any accident or sustained any material damage.

☐ The vehicle HAS been involved in an accident or sustained material damage. Description: [________________________________]

Title Status:

☐ Clean Title ☐ Salvage Title ☐ Rebuilt / Reconstructed Title ☐ Flood Title ☐ Junk Title ☐ Bonded Title ☐ Other: [________________________________]

Section 4.2 — General Personal Property Description

(Complete this section for all non-vehicle personal property included in the sale.)

Item No. Description Serial No. / Identifying Information Condition Estimated Value
1 [________________________________] [________________________________] ☐ New ☐ Used ☐ Refurbished $[________________________________]
2 [________________________________] [________________________________] ☐ New ☐ Used ☐ Refurbished $[________________________________]
3 [________________________________] [________________________________] ☐ New ☐ Used ☐ Refurbished $[________________________________]
4 [________________________________] [________________________________] ☐ New ☐ Used ☐ Refurbished $[________________________________]
5 [________________________________] [________________________________] ☐ New ☐ Used ☐ Refurbished $[________________________________]

(Attach additional pages if necessary and label as "Exhibit A — Continuation of Property Description.")

Section 4.3 — Included Accessories and Documents

The following items are included with the Property and are transferred to the Buyer at no additional cost:

☐ Vehicle keys (quantity: [____]) ☐ Remote key fob(s) (quantity: [____])

☐ Owner's manual ☐ Service / maintenance records ☐ Warranty documentation

☐ Spare tire and jack ☐ Floor mats ☐ Cargo cover / tonneau cover

☐ Other: [________________________________]


ARTICLE V — PURCHASE PRICE AND PAYMENT TERMS

Section 5.1 — Purchase Price

Component Amount
Base Purchase Price for Property $[________________________________]
Additional accessories / items $[________________________________]
Trade-in credit (if applicable) ($[________________________________])
Total Purchase Price $[________________________________]

NADA Clean Loan Book Value (if motor vehicle): $[________________________________]

Percentage of Purchase Price to NADA Value: [________________________________]%

WV DMV NOTICE: If the purchase price is less than 50% of the NADA Clean Loan Book value, a notarized bill of sale is REQUIRED. Without notarization, the West Virginia Division of Motor Vehicles will assess the 6% titling sales tax based on the full NADA Clean Loan Book value rather than the stated purchase price. See Section 10.2 below.

Section 5.2 — Method of Payment

Cash — Full payment in the amount of $[________________________________] received at time of sale.

Certified Check / Cashier's Check — Check No. [________________________________], drawn on [________________________________] (financial institution), in the amount of $[________________________________].

Personal Check — Check No. [________________________________], drawn on [________________________________] (financial institution), in the amount of $[________________________________]. Title transfer contingent upon check clearance.

Wire Transfer / Electronic Funds Transfer — Transferred on [__/__/____] from [________________________________] (financial institution), confirmation number [________________________________].

Money Order — Money order No. [________________________________] in the amount of $[________________________________].

Trade / Barter — Fair market value of goods or services exchanged: $[________________________________]. Description: [________________________________].

Gift — No monetary consideration. This is a bona fide gift from Seller to Buyer. Relationship: [________________________________].

Installment Payments — Per the schedule set forth in Section 5.3 below.

Combination — Describe: [________________________________].

Section 5.3 — Installment Payment Schedule (if applicable)

If the Purchase Price is to be paid in installments, the following schedule applies:

Payment No. Due Date Amount Payment Method Status
Down Payment [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
1 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
2 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
3 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
4 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
5 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
6 [__/__/____] $[________________________________] [________________________________] ☐ Paid ☐ Pending
Total $[________________________________]

Installment Terms:

  • Late payment fee: $[________________________________] or [____]% of the overdue amount, whichever is greater.
  • Grace period: [____] calendar days from the due date.
  • Default: Failure to make any payment within [____] days of its due date constitutes a default under this Bill of Sale.
  • Seller retains a security interest in the Property until full payment is received. Upon default, Seller may pursue all remedies available under W. Va. Code Article 46-9 (Secured Transactions).

ARTICLE VI — WARRANTIES AND REPRESENTATIONS

Section 6.1 — Warranty Selection

The Property described in this Bill of Sale is sold under the following warranty terms (select one):

AS-IS / WITH ALL FAULTS — The Property is sold "AS-IS" and "WITH ALL FAULTS." Pursuant to W. Va. Code § 46-2-316(3)(a), the Seller hereby disclaims all implied warranties, including but not limited to the implied warranty of merchantability (W. Va. Code § 46-2-314) and the implied warranty of fitness for a particular purpose (W. Va. Code § 46-2-315). The Buyer has inspected the Property or has had the opportunity to inspect the Property and accepts the Property in its present condition. THE BUYER ACKNOWLEDGES THAT THE SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION, QUALITY, FITNESS, MERCHANTABILITY, OR SUITABILITY OF THE PROPERTY FOR ANY PURPOSE.

IMPORTANT NOTICE TO BUYER: By selecting "AS-IS," you are waiving significant legal rights. You are advised to have the Property inspected by a qualified mechanic or appraiser before completing this purchase. West Virginia courts may still find warranty disclaimers unenforceable if they are unconscionable under W. Va. Code § 46-2-302.

LIMITED WARRANTY — Seller warrants the Property against defects in the following components for the period and under the conditions specified below:

Covered Component Warranty Duration Maximum Liability
[________________________________] [________________________________] $[________________________________]
[________________________________] [________________________________] $[________________________________]
[________________________________] [________________________________] $[________________________________]

Limited Warranty Conditions:

  • Warranty applies only to defects existing at the time of sale.
  • Warranty is void if the Property is misused, abused, or modified without Seller's consent.
  • Seller's maximum liability under this warranty shall not exceed $[________________________________].
  • Buyer must provide written notice of any claim within [____] days of discovering the defect.

EXPRESS WARRANTY — Seller makes the following express warranties pursuant to W. Va. Code § 46-2-313:

[________________________________]

[________________________________]

[________________________________]

Section 6.2 — Seller's Representations

The Seller hereby represents and warrants to the Buyer that:

(a) The Seller is the lawful owner of the Property and has full right, power, and authority to sell and transfer the Property;

(b) The Property is free and clear of all liens, encumbrances, and security interests, except as disclosed in Article VII;

(c) The Seller has not received notice of any claims, litigation, or proceedings pending or threatened against the Seller with respect to the Property;

(d) All information provided by the Seller in this Bill of Sale, including the odometer disclosure and vehicle condition statements, is true, accurate, and complete to the best of the Seller's knowledge;

(e) The Seller has disclosed all known material defects in the Property to the Buyer;

(f) If the Property is a motor vehicle, the Seller has provided the Buyer with an accurate and complete odometer disclosure statement as required by W. Va. Code § 17A-3-12a and 49 U.S.C. § 32705;

(g) The Property has not been used as collateral for any debt or obligation that has not been fully satisfied and discharged.

Section 6.3 — Buyer's Acknowledgments

The Buyer hereby acknowledges that:

(a) The Buyer has had an opportunity to inspect the Property before completing this transaction;

(b) The Buyer has read and understands the warranty terms selected in Section 6.1;

(c) The Buyer understands the implications of purchasing the Property "AS-IS" if that option has been selected;

(d) The Buyer has not relied upon any representations or warranties of the Seller other than those expressly set forth in this Bill of Sale;

(e) The Buyer is responsible for conducting all due diligence regarding the Property, including but not limited to title searches, VIN checks, and mechanical inspections.


ARTICLE VII — TITLE, OWNERSHIP, AND ENCUMBRANCES

Section 7.1 — Warranty of Title

Pursuant to W. Va. Code § 46-2-312, the Seller warrants 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, except as disclosed below.

Section 7.2 — Disclosure of Existing Encumbrances

☐ There are NO liens, encumbrances, or security interests on the Property.

☐ The following liens, encumbrances, or security interests exist on the Property:

Lien Holder / Creditor Type of Lien Outstanding Balance Payoff Date / Terms
[________________________________] [________________________________] $[________________________________] [________________________________]
[________________________________] [________________________________] $[________________________________] [________________________________]

Lien Satisfaction Plan:

☐ Seller shall satisfy all liens from the proceeds of sale at or before closing.

☐ Buyer assumes the lien obligation as part of the Purchase Price. Buyer acknowledges this assumption and agrees to make all future payments.

☐ Other arrangement: [________________________________]

Section 7.3 — Transfer of Title

Upon receipt of the full Purchase Price (or the down payment if installment terms apply), the Seller shall:

(a) Execute and deliver to the Buyer a properly endorsed certificate of title, bill of sale, and all other documents necessary to effectuate the transfer of ownership;

(b) Assign and transfer all right, title, and interest in the Property to the Buyer;

(c) Provide a lien release or satisfaction letter for each disclosed encumbrance, if applicable;

(d) Cooperate with the Buyer in completing all documentation required by the West Virginia Division of Motor Vehicles, including but not limited to Form DMV-1-TR (Application for Certificate of Title).


ARTICLE VIII — INDEMNIFICATION

Section 8.1 — Seller's Indemnification

The Seller shall indemnify, defend, and hold harmless the Buyer from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

(a) Any breach of the Seller's representations, warranties, or covenants contained in this Bill of Sale;

(b) Any liens, encumbrances, or claims against the Property that existed prior to the date of transfer and were not disclosed in this Bill of Sale;

(c) Any misrepresentation of the condition, history, or mileage of the Property;

(d) Any failure of the Seller to comply with applicable federal, state, or local laws relating to the sale and transfer of the Property.

Section 8.2 — Buyer's Indemnification

The Buyer shall indemnify, defend, and hold harmless the Seller from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

(a) The Buyer's use, operation, maintenance, or possession of the Property after the date of transfer;

(b) Any failure of the Buyer to comply with applicable titling, registration, or tax obligations following the transfer;

(c) Any accident, injury, or damage caused by the Buyer's use or operation of the Property after the date of transfer.


ARTICLE IX — DISPUTE RESOLUTION

Section 9.1 — Governing Law

This Bill of Sale shall be governed by and construed in accordance with the laws of the State of West Virginia, including the Uniform Commercial Code as adopted in W. Va. Code Chapter 46.

Section 9.2 — Dispute Resolution Process

In the event of any dispute arising out of or relating to this Bill of Sale, the Parties agree to the following resolution process:

Step 1 — Negotiation: The Parties shall first attempt to resolve the dispute through good-faith negotiation within thirty (30) days of written notice of the dispute.

Step 2 — Mediation: If negotiation fails, the Parties shall submit the dispute to mediation conducted by a qualified mediator in [________________________________] County, West Virginia. The costs of mediation shall be shared equally between the Parties.

Step 3 — Litigation: If mediation fails or if a Party refuses to participate in mediation, either Party may institute legal proceedings in the courts of the State of West Virginia. The Parties consent to the exclusive jurisdiction and venue of the Circuit Court of [________________________________] County, West Virginia, or the United States District Court for the [____] District of West Virginia.

Section 9.3 — Statute of Limitations

Pursuant to W. Va. Code § 46-2-725, any action for breach of a contract for sale must be commenced within four (4) years after the cause of action has accrued. The Parties may not reduce this period to less than one (1) year by the original agreement.

Section 9.4 — Attorneys' Fees

In any action or proceeding arising out of this Bill of Sale, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing Party.


ARTICLE X — WEST VIRGINIA VEHICLE-SPECIFIC PROVISIONS

(This Article applies only if the Property includes a motor vehicle, trailer, or watercraft.)

Section 10.1 — WV DMV Title Transfer Process

The Buyer acknowledges responsibility for completing the following steps with the West Virginia Division of Motor Vehicles:

Required Documents for Title Transfer:

☐ Completed Application for Certificate of Title (Form DMV-1-TR)

☐ Original certificate of title from Seller, properly assigned on the reverse side (signed by both Buyer and Seller)

☐ This Bill of Sale (notarized if purchase price is below 50% of NADA Clean Loan Book value) or WV DMV Bill of Sale Form DMV-7-TR

☐ Copy of Buyer's valid driver's license or state-issued identification

☐ Copy of Seller's valid driver's license or state-issued identification

☐ Odometer Disclosure Statement (Form DMV-TM-1) if not recorded on the title

☐ Lien release (if prior lienholder is shown on the title)

☐ Proof of West Virginia vehicle liability insurance

Required Fees:

Fee Type Amount
Title Fee $15.00
Titling Sales Tax (6% of purchase price if over $500) $[________________________________]
Titling Sales Tax (flat $30.00 if purchase price is $500 or under) ☐ Applicable
Lien Fee (if applicable) $10.00
Registration Fee / Transfer Fee $[________________________________]
Estimated Total Fees $[________________________________]

IMPORTANT: Pursuant to W. Va. Code § 11-15-3c, the 6% titling sales tax is assessed on the purchase price of the vehicle. If the purchase price is below 50% of the NADA Clean Loan Book value and a notarized bill of sale is not provided, the DMV will assess tax based on the full NADA value.

Deadline: The Buyer should apply for title transfer promptly. While West Virginia does not impose a specific statutory deadline for private sales, timely transfer protects both parties and avoids potential liability issues.

Section 10.2 — Notarization Requirement for Below-NADA Sales

The purchase price IS 50% or more of the NADA Clean Loan Book value. Notarization of this Bill of Sale is recommended but not required for DMV tax assessment purposes.

The purchase price IS LESS than 50% of the NADA Clean Loan Book value. Notarization of this Bill of Sale IS REQUIRED. Without a notarized bill of sale, the WV DMV will assess the 6% titling tax on the full NADA Clean Loan Book value rather than the stated purchase price.

NADA Clean Loan Book Value: $[________________________________]

Stated Purchase Price: $[________________________________]

Ratio (Purchase Price / NADA Value): [________________________________]%

Section 10.3 — Safety Inspection Requirements

West Virginia requires a routine safety inspection of motor vehicles every twenty-four (24) months, conducted at an official inspection station licensed by the West Virginia State Police. The maximum inspection sticker fee is $19.00 for the two-year inspection period.

☐ The vehicle has a current, valid West Virginia safety inspection sticker.

  • Inspection sticker expiration date: [__/__/____]

☐ The vehicle does NOT have a current, valid West Virginia safety inspection sticker. The Buyer acknowledges responsibility for obtaining a safety inspection before operating the vehicle on West Virginia public roads.

NOTE: West Virginia does NOT require emissions testing for personal vehicles. There is no statewide emissions inspection mandate.

Section 10.4 — Vehicle Insurance Requirement

West Virginia law requires minimum liability insurance coverage for all registered motor vehicles. The Buyer must obtain valid insurance coverage before operating the vehicle. Minimum coverage requirements:

  • Bodily Injury Liability: $25,000 per person / $50,000 per accident
  • Property Damage Liability: $25,000 per accident
  • Uninsured / Underinsured Motorist: $25,000 per person / $50,000 per accident

Section 10.5 — West Virginia Lemon Law Notice

Pursuant to W. Va. Code § 46A-6A-1 et seq., the West Virginia Lemon Law provides protections for consumers who purchase new motor vehicles with substantial defects. Key provisions include:

  • The law applies to new motor vehicles sold in West Virginia, including passenger automobiles and pickup trucks/vans with a gross vehicle weight rating of 8,000 pounds or less;
  • If a manufacturer, its agents, or authorized dealers cannot conform a new vehicle to applicable express warranties after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the purchase price;
  • A reasonable number of attempts is presumed if the same nonconformity has been subject to repair three (3) or more times and continues to exist, a safety-related defect has been subject to repair at least once and continues to exist, or the vehicle has been out of service for repair for a cumulative total of thirty (30) or more calendar days;
  • Actions under the Lemon Law must be commenced within one (1) year of the expiration of the express warranty term.

☐ This vehicle IS subject to the West Virginia Lemon Law (new vehicle under original manufacturer warranty).

☐ This vehicle is NOT subject to the West Virginia Lemon Law (used vehicle / warranty expired).


ARTICLE XI — GENERAL PROVISIONS

Section 11.1 — Entire Agreement

This Bill of Sale constitutes the entire agreement between the Parties with respect to the sale and purchase of the Property and supersedes all prior negotiations, representations, warranties, commitments, offers, contracts, and writings with respect to the subject matter hereof, whether written or oral.

Section 11.2 — Amendments

This Bill of Sale may be amended or modified only by a written instrument signed by both Parties.

Section 11.3 — Severability

If any provision of this Bill of Sale is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. The remaining provisions of this Bill of Sale shall continue in full force and effect.

Section 11.4 — Waiver

The failure of either Party to enforce any provision of this Bill of Sale shall not constitute a waiver of that Party's right to enforce such provision or any other provision in the future.

Section 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, legal representatives, successors, and assigns.

Section 11.6 — Counterparts

This Bill of Sale may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Section 11.7 — Notices

All notices required or permitted under this Bill of Sale shall be in writing and shall be deemed delivered when: (a) personally delivered; (b) sent by certified mail, return receipt requested, postage prepaid, to the address set forth in Article I; or (c) sent by overnight courier to the address set forth in Article I.

Section 11.8 — Assignment

The Buyer may not assign this Bill of Sale or any rights or obligations hereunder without the prior written consent of the Seller, except that the Buyer may assign this Bill of Sale to a successor entity in connection with a merger, acquisition, or sale of substantially all of the Buyer's assets.

Section 11.9 — Survival

The representations, warranties, covenants, and indemnification obligations contained in this Bill of Sale shall survive the closing of the sale and the transfer of the Property.

Section 11.10 — Time of the Essence

Time is of the essence with respect to all dates and deadlines set forth in this Bill of Sale.

Section 11.11 — Risk of Loss

Risk of loss shall pass from the Seller to the Buyer upon delivery of the Property to the Buyer or upon execution of this Bill of Sale, whichever occurs first, in accordance with W. Va. Code § 46-2-509.


ARTICLE XII — WEST VIRGINIA-SPECIFIC PROVISIONS

Section 12.1 — Consumer Protection

This transaction is subject to the consumer protection provisions of the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-1-101 et seq.). Any unfair or deceptive trade practice in connection with this transaction may give rise to claims under W. Va. Code § 46A-6-104.

Section 12.2 — Fraud Penalties

Pursuant to W. Va. Code § 61-3-24, any person who obtains money, property, or services by false pretenses, tokens, or representations shall be subject to criminal penalties, including imprisonment and fines. Both Parties certify that all information contained in this Bill of Sale is truthful and accurate.

Section 12.3 — Statute of Frauds

Pursuant to W. Va. Code § 46-2-201, a contract for the sale of goods for the price of five hundred dollars ($500) or more is not enforceable unless there is some writing sufficient to indicate that a contract for sale has been made between the Parties. This Bill of Sale satisfies the statute of frauds requirement.

Section 12.4 — Tax Obligations

The Buyer acknowledges responsibility for paying all applicable taxes, including the West Virginia 6% consumer sales and service tax on vehicle titling (or the flat $30 fee for vehicles with a purchase price of $500 or less), in accordance with W. Va. Code § 11-15-3c. Any applicable municipal sales tax may also apply depending on the jurisdiction.

Section 12.5 — Delivery of Possession

Possession of the Property shall be delivered to the Buyer at:

Delivery Location: [________________________________]

City, State, ZIP: [________________________________], West Virginia [________________________________]

Date of Delivery: [__/__/____]

Time of Delivery: [________________________________]


ARTICLE XIII — SIGNATURE BLOCKS

By signing below, the Parties acknowledge that they have read, understand, and agree to all terms and conditions set forth in this Bill of Sale. Each Party represents that they have the legal capacity and authority to enter into this agreement.

Seller's Signature

____________________________________________    ____________________
Signature of Seller                              Date

____________________________________________
Printed Name of Seller

____________________________________________    ____________________
Signature of Co-Seller (if applicable)           Date

____________________________________________
Printed Name of Co-Seller

Buyer's Signature

____________________________________________    ____________________
Signature of Buyer                               Date

____________________________________________
Printed Name of Buyer

____________________________________________    ____________________
Signature of Co-Buyer (if applicable)            Date

____________________________________________
Printed Name of Co-Buyer

Witness Signatures (Recommended)

____________________________________________    ____________________
Signature of Witness No. 1                       Date

____________________________________________
Printed Name of Witness No. 1

____________________________________________
Address of Witness No. 1


____________________________________________    ____________________
Signature of Witness No. 2                       Date

____________________________________________
Printed Name of Witness No. 2

____________________________________________
Address of Witness No. 2

ARTICLE XIV — NOTARY ACKNOWLEDGMENT

(Required if the purchase price is less than 50% of the NADA Clean Loan Book value; recommended for all vehicle transactions.)

STATE OF WEST VIRGINIA

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, in and for the State and County aforesaid, personally appeared:

Seller: [________________________________], 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/they executed the same for the purposes therein contained, and that the sale price stated herein is true and accurate.

Buyer: [________________________________], 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/they executed the same for the purposes therein contained.

Given under my hand and official seal this [____] day of [________________________________], 20[____].

____________________________________________
Notary Public

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary Registration Number: [________________________________]

[NOTARIAL SEAL]

SOURCES AND REFERENCES

The following West Virginia statutes and resources are relevant to this Bill of Sale:

West Virginia Code Citations

Citation Subject
W. Va. Code § 46-2-106 Definitions: Sale, Goods (UCC Article 2)
W. Va. Code § 46-2-201 Statute of Frauds — Sale of Goods
W. Va. Code § 46-2-312 Warranty of Title and Against Infringement
W. Va. Code § 46-2-313 Express Warranties by Affirmation, Promise, Description, Sample
W. Va. Code § 46-2-314 Implied Warranty of Merchantability
W. Va. Code § 46-2-315 Implied Warranty of Fitness for Particular Purpose
W. Va. Code § 46-2-316 Exclusion or Modification of Warranties
W. Va. Code § 46-2-509 Risk of Loss in Absence of Breach
W. Va. Code § 46-2-725 Statute of Limitations in Contracts for Sale
W. Va. Code § 11-15-3c Consumer Sales and Service Tax — Motor Vehicles
W. Va. Code § 17A-3-4 Certificate of Title — Application and Issuance
W. Va. Code § 17A-3-12a Odometer Disclosure Requirements
W. Va. Code § 17A-4-10 Motor Vehicle Registration — Transfer
W. Va. Code § 46A-6A-1 et seq. West Virginia Lemon Law
W. Va. Code § 46A-6-104 Consumer Protection — Unfair and Deceptive Acts
W. Va. Code § 61-3-24 Obtaining Property by False Pretenses — Penalties
49 U.S.C. § 32705 Federal Odometer Disclosure Requirements

WV Division of Motor Vehicles — Forms

Form Description
DMV-1-TR Application for Certificate of Title
DMV-7-TR Motor Vehicle / Boat Bill of Sale
DMV-TM-1 Odometer Disclosure Statement

Helpful Resources


This Bill of Sale template is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations change frequently. Users should verify all statutory citations and consult with a licensed West Virginia attorney before executing this document. This template is intended for use on the ezel.ai platform.

Last updated: 2026-02-21

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About This Template

A contract is a written record of what two or more parties agreed to and what happens if someone does not follow through. Clear language, defined terms, and clean signature blocks keep disputes small and enforceable. The most common mistakes in contracts come from vague promises, missing details about timing or payment, and skipping standard protective clauses like governing law and dispute resolution.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026