Car Sale Agreement Template
This Car Sale Agreement (the “Agreement”) is made this [day] of [month], [year] and sets out the terms and conditions upon which [Sender.FirstName][Sender.LastName] (the “Seller”) shall effect the sale of the Vehicle to [Client.FirstName][Client.LastName] (the “Buyer”), under the terms set out below.
WHEREAS: The Seller is the current registered owner of the Vehicle.
WHEREAS: The Seller is willing to sell the Vehicle to the Buyer on the terms that are set out in this Agreement and the Buyer for [pronoun] part is willing to purchase the Vehicle from the Seller on said terms.
- 1.1 “Vehicle” and “Car” shall both mean the vehicle that is to be sold as set out in Clause 4, “Vehicle Details.”
- 1.2 “Parties” refers to the Buyer and Seller who have been named in this Contract. “Party” refers to either the Buyer or the Seller depending on the context.
- 1.3 “Price” refers to the total agreed price of the Vehicle explained in Clause 5, “Payment of the Vehicle.”
- 1.4 “Payment Method” refers to the method of payment agreed by both Parties as set out in Clause 5, “Payment of the Vehicle.”
- 1.5 The heading names in this Agreement are used as a reference only and do not form part of the Agreement.
- 1.6 This Agreement may be executed in both English and other languages. If there is conflict or confusion between the Agreement and its various translations the English version shall take precedence.
- 1.7 If either part of or the whole of a clause is deemed invalid or erroneous then only that clause shall be deemed void and the rest of the Agreement shall remain enforceable.
- 1.8 This Car Sale Agreement may be executed either in one original or in two counterparts.
- 1.9 The terms of this Agreement shall be deemed to be binding on both Parties based on their respective conduct notwithstanding any error or defect in the execution of this Car Sale Agreement.
2. Obligations of the Seller
As a Party to this Agreement, the Seller has certain obligations. In signing this Agreement, the Seller agrees that [pronoun] is responsible for the following:
- 2.1 The Seller warrants that all details provided are accurate.
- 2.2 The Seller has no affiliation with any car buying, selling, or advertising group.
- 2.3 The Seller warrants that [ pronoun] is the true owner of the Vehicle and that the Vehicle has not to the best of the Seller’s knowledge and belief been stolen and no other circumstances exist of which the Seller is aware which could reasonably affect the Seller’s good title to the Vehicle.
- 2.4 The Seller is the full owner of the Vehicle and has sole authority to sell the Vehicle to the Buyer.
- 2.5 There is no outstanding finance, residual, or debt of any kind attributed to the Vehicle.
- 2.6 The Vehicle has a full-service history and any/all accidents have been made fully known to the Buyer.
- 2.7 The Seller has made the Buyer fully aware of any current faults of which [ pronoun] is reasonably aware of the Vehicle and that there are no deliberately hidden faults on the Vehicle.
- 2.8 The Seller will provide the Buyer with all spare keys and the service manual.
- 2.9 The Seller will provide the Buyer with all necessary paperwork and documentation relating to ownership of the Vehicle upon payment of the Vehicle.
- 2.10 Once the Buyer has purchased the Vehicle and the payment has cleared the Seller is required to release the Vehicle into the Buyer’s possession. See Clause 6, “Delivery,” for more details.
- 2.11 The Seller is not liable for subsequent faults, normal wear and tear, or defects unless those defects were deliberately hidden or if a guarantee is offered by the Buyer to the Seller.
- 2.12 The Seller provides no guarantee.
3. Obligations of the Buyer
As a Party to this Agreement, the Buyer has certain obligations. In signing this Agreement, the Buyer agrees that [pronoun] is responsible for the following:
- 3.1 The Buyer is to pay the agreed Price to the Seller.
- 3.2 The Buyer warrants that all details provided are accurate.
- 3.3 Payment of the Vehicle is to be made under the terms agreed and set out in Clause 4.
- 3.4 The Buyer warrants that he is fully aware of the Vehicle history and any current faults of the Vehicle.
- 3.5 The Buyer is responsible for paying the correct Price for the car as agreed between the parties.
- 3.6 The Buyer has received all necessary paperwork and documentation relating to ownership of the Vehicle upon payment.
- 3.7 The Buyer has viewed the Vehicle at the Seller’s address and accepts the Vehicle in its current state as seen at the viewing(s). [Amend or change this clause where necessary if it was viewed elsewhere].
- 3.8 The Buyer warrants that [pronoun] is buying a second-hand vehicle “as seen” and “as is” and, with the sole exception of deliberately hidden faults, assumes responsibility for the car in the condition it is received at the signing of this Agreement.
4. Vehicle Details
The substance of the deal is the following vehicle:
|Type of Vehicle:||Enter vehicle type|
|Body Type:||Enter body type|
|Make and Model of Vehicle:||Enter vehicle brand and model|
|Vehicle Registration Number:||Enter vehicle registration number|
|Year of Vehicle:||Enter model year|
|Color of Vehicle:||Enter vehicle color|
|Vehicle Identification Number (VIN number):||Enter VIN number|
|Total Vehicle Mileage (odometer reading):||Enter total vehicle mileage|
|Engine Number (optional):||Enter engine number if necessary|
|Description of the Vehicle:||Enter description|
5. Payment of the Vehicle
Total Vehicle Purchase Price: [Vehicle.Price]
- Down Payment:[Down Payment Price] (Due to Seller [insert date or description of when it will be due, such as “on or before execution of this agreement])
- Payment Due at Delivery of Vehicle to Buyer:[Amount]
Form and Method of payment:
e.g. buyer will pay on date of the sale as well as form of payment, such as certified check, cashier’s check, money order, cash, etc.
Mention if there are any exceptions. For example, if Buyer wants to use a non-certified check to pay, Buyer must receive permission in advance from Seller.
Upon the receipt of payment in full, the Seller agrees to transfer to the Buyer ownership of the Vehicle as detailed in Clause 5.
Seller will deliver the Vehicle and Buyer will take possession of the Vehicle at [address] on or before [date] (“Delivery Date”).
If Buyer does not appear at Seller’s premises on or before the Delivery Date to accept the Vehicle, then the Buyer will assume the risk of loss on the Delivery Date.
Seller agrees to give and execute all legal documents needed to finalize the transfer of title and registration of the Vehicle to Buyer. These are:
- Safety Standards Certificate
- Plate Transfer Declaration
It is agreed that the Contract supersedes any prior discussions or propositions between both Parties regarding the subject matter hereof.
This means any prior written or oral agreement, negotiation, discussion, writings, proposals, and commitments regarding the subject matter hereof will have no further force or effect.
Any modification, variation, or change to this Car Sale Agreement shall only be made in writing and signed by both Parties.
The physical destruction or loss of this Car Sale Agreement is not considered a termination or modification of the Agreement.
9. Governing Law, Disputes, and Arbitration
It is agreed that:
- 9.1 This Car Sale Agreement is subject to the sole jurisdiction of the laws of [Sender.Country], [Sender.State].
- 9.2 Disputes under this Car Sale Agreement shall be subject to the sole jurisdiction of the courts of [Sender.Country], [Sender.State].
- 9.3 Both Parties agree that in the event of a dispute following the signing of the Agreement that they shall enter into arbitration before the International Chamber of Commerce before an arbitrator whose judgment shall ultimately settle the dispute and be final.
10. Indemnification of Lawyer or Notary Fees and Other Costs
If either of the Parties breach the agreement, including representations and warranties made to the other side, the non-breaching Party will be indemnified by the breaching Party for their reasonable lawyer or notary fees and other costs which relate in any way to the breach of this contract or its representations or warranties.
Note that these “other” costs will not include [list out what is not included, if applicable].
As the Seller of this Vehicle, I, [Sender.FirstName][Sender.LastName], hereby accept the payment of [Vehicle.Price] from the Buyer for the purchase of the Vehicle.
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