California As Is Bill of Sale Form
California As Is Bill of Sale Form is a legal document used to record the transfer of personal property in California. It clearly states that the item is sold in its current condition, with no warranties or guarantees.
Why Do You Need a California As Is Bill of Sale?
An As Is Bill of Sale is essential in California to define the terms of the sale clearly. It is needed where the seller wants to avoid any responsibility for post-sale issues.
Common examples include;
- Used vehicles
- Boats
- Electronics
- Antiques
Using this form, the buyer and seller agree that the item is sold in its present state. It shows that both sides of the sale are fully aware of all certainties and uncertainties regarding the sale.
California law , under its Uniform Commercial Code (UCC) provisions, recognizes "as is" clauses. This makes this document effective in limiting implied warranties. The document provides a clear record of the agreement and is essential in preventing disputes. However, it does not provide protection against fraudulent transactions or misrepresentation.
Common Uses Of a California As Is Bill of Sale
For a California As Is Bill of Sale Form to be effective, it must have the following details:
- The names and addresses of the buyer and the seller.
- A detailed description of the item being sold. This includes any identifying numbers like the VIN for a vehicle.
- The sale price.
- The date of the sale.
- A clear "as is" clause explicitly stating that the item is being sold in its current condition with no warranties.
- The buyer and the seller’s signatures.
Yes, a properly completed and signed California As Is Bill of Sale Form is generally legally enforceable in California. Such a clause effectively disclaims implied warranties under the California UCC. However, it does not protect a seller from taking responsibility if they engage in any fraudulent misrepresentation about the item's condition.
In California, a general As Is Bill of Sale does not require notarization to be legally valid. However, notarization does provide an extra layer of authentication.
Yes, you can sell a used vehicle "as is" in California. You will need the California As Is Bill of Sale to communicate the fact that the car is sold without warranties. However, sellers are required to comply with the federal odometer disclosure requirements.
In California, a seller who uses an "as is" clause has no responsibility for the condition of the item after the sale. This is unless there has been fraud, misrepresentation, or concealment of a known defect. If this happens, then the “as is” provision transfers the duty of examination and risk to the buyer.