Important Terms for a Bill of Sale
- Seller: Here you’ll find the name, address, and other contact information for the primary seller and any additional sellers, if applicable.
- Buyer: This section lists the name, address, and contact information for the primary buyer and any additional buyers.
- As-is: This indicates that the buyer has agreed to purchase the item in its current condition. Signing a bill of sale marked “as-is” confirms that the buyer has had a chance to review the item’s condition.
- State of use: This specifies where the buyer intends to use the item. State of use is important for property like boats and firearms. State law surrounding the use of this item may be different depending on location.
- Witnesses: If the buyer and seller choose to have witnesses sign, those witnesses’ information goes here.
- Signatures: This section is where the buyer and seller confirm the terms of the sale.
1. New Hampshire Bill of Sale Requirements
Drafting a bill of sale makes good business sense any time you sell high-value personal property. In the state of New Hampshire, a bill of sale is required for all boats and title-exempt motor vehicles. You can draft your own or, in the case of motor vehicles, you may use an official New Hampshire bill of sale form.
Why Use a Bill of Sale?
In addition to satisfying legal requirements in New Hampshire, a bill of sale can be an important legal safeguard to buyers and sellers. Most importantly, it proves the buyer’s ownership in the case of any legal disputes.
Additional Considerations
Language Requirements
You may draft a bill of sale in the language of your choice. However, if you need to use a bill of sale as evidence in legal proceedings, you must have a valid English version, as per New Hampshire law.
Number of Copies
If you complete a bill of sale for vehicle registration purposes, you will need three copies: one each for the buyer and seller, and one to submit with the application.
In other situations, buyer and seller copies usually suffice, unless you choose to create a copy for a personal attorney.
Junk Vehicles
The state of New Hampshire allows for the purchase and sale of a motor vehicle that an insurer has declared as a total loss. If the vehicle has already undergone the salvage titling process, the title will read “Rebuilt Vehicle.”
If you buy or sell a salvage car that has not yet been through the salvage titling process, you will need to complete and submit an Application for Salvage Certificate.
Be aware that to register and title a purchased salvage vehicle, you need to submit the car for salvage inspection and safety inspection. This requires a transferred title, which may serve as your bill of sale, or you may draft a separate document.
A bill of sale is important for the safe buying and selling of any salvage vehicle since it indicates that both parties are aware of the car’s condition. Any bill of sale used to transfer ownership of a salvage car should include the “rebuilt” or “salvage” language.
After Purchasing a Vehicle
If you buy or sell a car in New Hampshire as a private party, a title transfer is required to verify the change in ownership. Buyers also need to obtain a current registration.
To transfer ownership of a motor vehicle that is exempt from titling, the buyer and seller must complete a bill of sale.
If You’re the Seller
To officially transfer ownership of your car to the buyer, you need to fill out the back of your current title with the odometer reading and the buyer’s name and address. Sign the document and obtain the buyer’s signature, then hand the title to the buyer.
If You’re the Buyer
When you buy a car from a private party in New Hampshire, you first collect the signed and transferred original title as described above, then obtain a new title in your name from the municipal clerk’s office where you live. If the vehicle is title-exempt, you only need to complete a bill of sale.
Whether or not your vehicle is title-exempt, you also need to register it with the DMV.
2. New Hampshire Car (Vehicle) Bill of Sale
A bill of sale is an important legal safeguard any time you buy or sell a motor vehicle in New Hampshire, even though the document is only required if the vehicle is exempt from titling.
Exempt vehicles include those with model years of 1999 or earlier as well as mobile homes and trailers weighing less than 3,001 pounds.
In other cases, the bill of sale can legally prove the transfer of ownership. This can help both buyer and seller to avoid disputes.
A vehicle bill of sale in New Hampshire should include the sale date as well as the name, signature, and residential address of the buyer and seller. The bill of sale should also include a detailed description of the vehicle including:
- Make
- Model
- Color
- Vehicle Identification Number
- Model year
- Manufacture year
- Body type
- Number of cylinders
You may draft your own bill of sale or use the state-provided Report of Sale or Transfer of a Non-Titled Motor Vehicle.
3. New Hampshire Boat Bill of Sale
New Hampshire requires that you register a boat before operating it on any public waters. To do so, you must submit a Boat Registration Application, registration fees, and proof of ownership. A bill of sale fulfills this requirement.
Boat bills of sale in New Hampshire are highly detailed. They must include the following information:
- Make
- Color
- Year of manufacture
- Length in feet and inches from bow to stern
- Current bow number, if applicable
A full list of required elements is available through New Hampshire’s Department of Safety, Division of Motor Vehicles (DMV). You may use this list to draft your own bill of sale. Considering the complexity of the requirements, however, it’s wise to use a template like those from PandaDoc.
4. New Hampshire Firearm Bill of Sale
In New Hampshire, a private resident may sell a gun to another private resident provided that one of the following applies:
- The seller personally knows the buyer and thus has reason to believe the person is not prohibited from owning a gun
- The buyer has a license to carry in New Hampshire
There is no handgun bill of sale requirement in New Hampshire, but drafting a bill of sale will provide important legal safeguards to the buyer and seller.
For example, the state of New Hampshire penalizes people who obtain firearms by providing false information. A bill of sale verifies the information provided to the seller, and thus can be used as evidence if a false information claim arises.
If you are a seller choosing to draft a bill of sale, consider adding a verification that the buyer is not prohibited from gun possession in New Hampshire. This line item can protect you if the buyer did not disclose such a restriction.
5. New Hampshire Horse Bill of Sale
New Hampshire does not require bills of sale for the private transfer of ownership of a horse, but there are other laws that buyers and sellers have to abide by.
For example, the state of New Hampshire prohibits the buying or selling of a horse that cannot be used for riding, driving, draft, or breeding, except for purposes of slaughter or rehabilitation. It is also unlawful to sell a colt that is less than 90 days old if the colt is nursing. Drafting a bill of sale can verify that you, as a buyer or seller, are not violating laws like these.
6. New Hampshire General Bill of Sale
A general bill of sale verifies the transfer of ownership of a non-regulated item like jewelry or artwork. A bill of sale, in this case, should include all basic information about the item, sale, and parties involved:
- Contact information
- Signatures
- Purchase price
- Item description
- Date
If there are any particular item identifiers, the bill of sale should include that information as well.
