Vehicle Sale Agreement - Template, Sample Form Online Pro · US-law

MOTOR VEHICLE SALE AGREEMENT

State of ________

This Motor Vehicle Sale Agreement (this “Agreement”) is made and entered into as of ________ (the “Effective Date”), by and between the Seller and the Buyer identified below (each a “Party” and collectively the “Parties”).

§ 1. RECITALS AND CONSIDERATION

FOR AND IN CONSIDERATION OF the sum of $________ (________ Dollars), inclusive of all applicable sales and use taxes, paid by ________, the receipt and sufficiency of which is hereby acknowledged, the following seller (hereinafter the “Seller”) presently of the following address:

________
________

DOES HEREBY SELL, ASSIGN, AND TRANSFER to the following buyer (hereinafter the “Buyer”) presently of the following address:

________
________

all right, title, and interest in and to the following described motor vehicle (hereinafter the “Motor Vehicle”):

Make: ________

Model: ________

Year: ________

Body Type: ________

Color: ________

License Plate Number: ________

Odometer Reading: ________ (________) miles

Vehicle Identification Number (VIN): ________

§ 2. TITLE AND ENCUMBRANCES

The Seller warrants that the Seller is the lawful owner of the Motor Vehicle, that the Seller has full right and authority to sell and transfer the Motor Vehicle, and that the Motor Vehicle is free and clear of all liens, security interests, encumbrances, and claims of any kind, except as expressly disclosed in writing as follows: ________. The Seller shall deliver to the Buyer at the time of sale a duly assigned certificate of title and all documents necessary to register and title the Motor Vehicle in the Buyer’s name with the applicable state motor vehicle authority.

§ 3. ODOMETER DISCLOSURE

Federal law (49 U.S.C. § 32705) and the regulations promulgated thereunder (49 C.F.R. Part 580), together with applicable state law, require that the transferor of a motor vehicle disclose the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment.

The Seller states that the odometer now reads ________ (________) miles, and the Seller hereby certifies, to the best of the Seller’s knowledge, that the odometer reading reflects (check the applicable statement):

(a) the actual mileage of the Motor Vehicle; or
(b) the amount of mileage in excess of the odometer’s mechanical limits; or
(c) WARNING — the odometer reading is NOT the actual mileage.

Applicable statement: ________

The Seller further certifies that the Motor Vehicle’s odometer was not altered, set back, or disconnected while in the Seller’s possession, and the Seller has no knowledge of anyone else having done so.

Both Buyer and Seller acknowledge the above odometer statements:

___________________________
________, Representative of ________, Buyer

______________________________
Date

______________________________
________, Representative of ________, Seller

______________________________
Date

§ 4. WARRANTY DISCLAIMER (“AS IS”)

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§ 5. DELIVERY; RISK OF LOSS

The Motor Vehicle will be delivered from the Seller to the Buyer on the following date: ________.

If the Motor Vehicle is not delivered by ________, the Seller shall be liable to the Buyer for the following late charge:

________

Delivery of the Motor Vehicle shall be made at the following location: ________. Title to and risk of loss of the Motor Vehicle shall pass to the Buyer upon delivery and payment in full.

§ 6. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties with respect to the sale of the Motor Vehicle and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

§ 7. SEVERABILITY

In the event that any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

In the event that any court of competent jurisdiction determines a provision to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable in a manner that most closely reflects the original intent of the Parties.

§ 8. AMENDMENT

This Agreement may be modified or amended if and only if the amendment is made in writing and signed by both Parties.

§ 9. WAIVER OF CONTRACTUAL RIGHTS

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

§ 10. ASSIGNMENT

Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

§ 11. NOTICES

Any notice required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered personally, sent by nationally recognized overnight courier, or mailed by certified mail, return receipt requested, to the addresses of the Parties set forth above, or to such other address as a Party may designate in writing.

§ 12. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ for the resolution of any dispute arising under this Agreement.

§ 13. COUNTERPARTS

This Agreement may be executed in one or more counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

The Seller certifies under penalty of perjury that the statements made in this Motor Vehicle Sale Agreement are true and correct to the best knowledge of the Seller.

IN WITNESS WHEREOF, the Parties have executed this Motor Vehicle Sale Agreement as of the Effective Date.

______________________________
________, Representative of ________, Buyer

______________________________
Date

______________________________
________, Representative of ________, Seller

______________________________
Date

ACKNOWLEDGMENT (NOTARY)

State of ________, County of ________.

On this ________, before me personally appeared ________, known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

______________________________
Notary Public
My commission expires: ________