Florida As Is Bill of Sale Form
A Florida As Is Bill of Sale Form is a legal document used to record the transfer of personal property in Florida. It clearly states that the item is sold in its current condition, with no warranties or guarantees.
Why Do You Need a Florida As Is Bill of Sale?
An As Is Bill of Sale is essential in Florida 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.
Florida 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 Florida As Is Bill of Sale
For a Florida 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 drafted and implemented Florida As Is Bill of Sale Form is generally legally enforceable in Florida. Such a clause effectively disclaims implied warranties under Florida's UCC.
In Florida, a general As Is Bill of Sale for personal property does not require notarization to be legally valid. It is also not strictly necessary to notarize the Bill of Sale itself for vehicle sales. However, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) advises notarization for private sales. This will help protect against fraud.
Yes, you can sell a used vehicle "as is" in Florida. You will need the Florida As Is Bill of Sale to communicate that the car is sold without warranties. However, sellers are required to comply with the federal odometer disclosure requirements. This applies to vehicles under 10 years old.
A buyer is responsible for any issue or defect that occurs with an item purchased “as is” in Florida. They must always conduct due diligence or thorough inspections prior to closing on an “as is” sale. This is because they have limited rights to sue for issues that arise after purchasing the item.