Writing a bill of sale advice please

M

mbuna420

New Member
So the buyer will be picking up the bike today after I cash the check from his payee. This is what I have so far what you guys think




I, hereby sell one motorized Taranchula Mt. bike. Home maid as-is. Buyer takes blame for injury from riding said bike, due to improper riding or failure to preform regular maintenance. Buyer is responsible for following all laws. Seller is free of all liability.

x buyer

x seller

x witness
 
mbuna420 said:
So the buyer will be picking up the bike today after I cash the check from his payee. This is what I have so far what you guys think




I, hereby sell one motorized Taranchula Mt. bike. Home maid as-is. Buyer takes blame for injury from riding said bike, due to improper riding or failure to preform regular maintenance. Buyer is responsible for following all laws. Seller is free of all liability.

x buyer

x seller

x witness
Click to expand...


Not bad. Maybe fluff it up a bit like:

I (insert name) hereby sell one home made Tarantula Mt. Bike as is-where is. Buyer releases seller of any and all liability for injury related to improper operation or mechanical failure. Buyer is also responsible for familiarizing himself with any and all laws pertaining to motorized bicycles.


I'm not an attorney, so take it with a grain of salt. Also, remember, it's not the customer you have to worry about, it is his or whomever is the injured parties attorney you have to worry about. Can be a sticky situation.
 
Thank you and that is precisely why I am writing a bill of sale and thanks for the reply. On some of my posts I go days between reply's so thank you again
 
BTW, you may wish to include the bicycle's Vehicle Identification Number, usually found under the bottom bracket - this will help immensely should there ever be any question of which bike exactly, will assist the report/recovery in the unfortunate event of theft, and help them to register if they can/wish to ;)

I (insert name) hereby sell one home made Tarantula Mt. Bike VIN 00000 as is-where is...
Click to expand...
 
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Please take a quick word of advice from my past. I do have FIVE lawyers in my family and they all put in there two cents . First there are many limited liability contracts on the net for free ,find one that you like and use there boilerplate as a foundation for sales contract. Second I never sell a whole working bike ( whats this guy talking about???) in most states you can privately sell a bicycle w/o following all bike dealer laws and reg. , but if you represent yourself as a dealer then there a lot of red tape. Long story short , i build ,road test , even lett the coustomer ride bike and then before sale just remove spark plug! Simple easy and covers your butt. However make sure you list in contract that bike was sold as is and nonfunctional. Just tell your cus. What plug to buy ,or sell it seprately on diff. Day. They need to know how to check plug anyway so lett them put it in after they sign sales rec.
This may sound silly but it is based on the laws re:bicycle sales for most states.
One last thought , leave all the stickers and reflectors on bike ,thats how it was legal for your dealer to sell to you. Lett the new owner pull that stuff off if they want.
Following this procedure (in most states) you might as well be selling a paper weight with wheels . Hope this helps .
P.s. I didn't include a copy of my liability wavier because it needs to be unique to your operation , so if you copy one from net or other source change wording enough to be orignal ( just opening line or add something at end) usflg
 
Fergot to mention ,I always add L.S.G.B. To serial # . At least here in IL. Then if cus. Registers it make sure you tell them to add low speed gas bicycle or l.s.g.b. Too reg tag or city bike lic.
 
Get a " Hold harmless " agreement. sure some on the net I would guess. They pretty much keep one in the clear. Attorneys, write yourself, and might get one at a office supply like rental agreements. As Is ,Hold harmless etc.
 
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