Mississippi Bill of Sale of Motor Vehicle
(Sold “As-Is” — No Warranty of Condition)
STATE OF MISSISSIPPI, COUNTY OF
VEHICLE LOCATED IN COUNTY OF
, STATE OF MISSISSIPPI
1. DATE OF SALE AND PARTIES. This Bill of Sale is made and takes effect on (the “Date of Sale”), by and between:
The Date of Sale matters — the title-application, registration, and tax deadlines in your state instructions run from this date.
SELLER — FULL LEGAL NAME
STREET ADDRESS
CITY, STATE, ZIP
COUNTY OF RESIDENCE
DRIVER’S LICENSE / ID NO. (OPTIONAL)
| BUYER — FULL LEGAL NAME
STREET ADDRESS
CITY, STATE, ZIP
COUNTY OF RESIDENCE
DRIVER’S LICENSE / ID NO. (OPTIONAL)
Seller and Buyer are each referred to as a “Party” and together as the “Parties.”
2. VEHICLE SOLD. Seller sells, transfers, and conveys to Buyer the following motor vehicle (the “Vehicle”):
YEAR
MAKE
MODEL
BODY TYPE
COLOR
VEHICLE IDENTIFICATION NUMBER (VIN)
TITLE NO. (IF ANY)
Copy the VIN exactly as it appears on the vehicle’s title and dashboard plate. An incorrect VIN can delay or block the buyer’s title application.
3. PURCHASE PRICE AND PAYMENT. The Parties agree to the following consideration (check ONE):
☐ Paid in full. Seller acknowledges receipt of the total purchase price of $
(the “Purchase Price”) from Buyer on or before the Date of Sale.
☐ Down payment and promissory note (seller financing). Seller acknowledges receipt of a down payment of $
, and Buyer agrees to pay the remaining balance of $
(together, the “Purchase Price”) according to a separate promissory note signed by Buyer and dated
.
☐ Gift. The Vehicle is transferred as a gift for no monetary consideration. Relationship of Buyer to Seller (if any):
.
Gift transfers can change tax and title paperwork — see your state instructions before choosing the gift lane.
Lien on title (seller financing only). If the seller-financing option is selected, Buyer grants Seller a purchase-money security interest in the Vehicle to secure payment of the unpaid balance evidenced by the promissory note described above; when Buyer signs this Bill of Sale, it also serves as the security agreement for that security interest under the Uniform Commercial Code (the Parties may also sign a separate security agreement with additional terms). Title to the Vehicle transfers to Buyer at delivery, and Seller will be listed as the lienholder on the certificate of title until the promissory note is paid in full. The Parties will record Seller’s lien using the state title agency’s lien-notation procedure described in the included state instructions. When the note is paid off, Seller will sign the lien release on the title (or the agency’s release form) and deliver it to Buyer promptly.
4. TRANSFER. For the consideration stated above (or, if the gift option is selected, for no monetary consideration), Seller sells, transfers, and conveys the Vehicle to Buyer and Buyer’s successors and assigns.
Seller will deliver to Buyer, on the Date of Sale (or on the following date, if the Parties agree:
): (a) possession of the Vehicle; (b) the certificate of title for the Vehicle, signed to transfer ownership to Buyer (if the Vehicle is titled); and (c) all keys, fobs, and registration documents for the Vehicle in Seller’s possession.
5. WARRANTY OF TITLE. Seller warrants that Seller is the true and lawful owner of the Vehicle and has the right to sell it; that, except as disclosed in this Bill of Sale, the Vehicle is free and clear of all liens, security interests, encumbrances, claims, and demands of every kind; and that Seller will warrant and defend title to the Vehicle to Buyer against every person lawfully claiming it.
☐ Existing liens or encumbrances held by third parties and disclosed by Seller (check one): ☐ None ☐ As follows:
Disclose any existing third-party lien above and pay it off at or before delivery (your state instructions describe the payoff-and-release procedure). Selling the Vehicle with an undisclosed lien breaches the warranty in this section. A seller-financing lien created by the payment section above is not a defect in title.
6. CONDITION — SOLD “AS IS”. Known defects. Seller discloses the following known defects, if any, in the Vehicle (list all known defects; write “None” if none; attach another page if needed):
AS-IS DISCLAIMER — MISSISSIPPI. EXCEPT FOR THE WARRANTY OF TITLE STATED ABOVE, SELLER EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VEHICLE IS SOLD “AS IS” AND “WITH ALL FAULTS.” BUYER ACKNOWLEDGES THAT BUYER HAS INSPECTED THE VEHICLE (OR HAS HAD THE OPPORTUNITY TO INSPECT IT) AND ACCEPTS IT IN ITS PRESENT CONDITION.
Mississippi scope notice. Mississippi law limits as-is clauses. In a sale of consumer goods, Miss. Code § 75-2-316(3) makes any language that attempts to exclude or modify the implied warranties of merchantability or fitness for a particular purpose — or the buyer’s remedies for breach of those warranties — unenforceable, and § 75-2-316(6) gives expressions like “as is” full effect only in contracts between merchants. The description of the vehicle in this Bill of Sale can itself create an express warranty (§ 75-2-313). Nothing in this Bill of Sale is intended to disclaim a warranty that Mississippi law does not permit to be disclaimed.
Titled-vehicle exception (§ 75-2-316(5)). For a motor vehicle required to be titled that is over six (6) model years old OR has been driven more than seventy-five thousand (75,000) miles, an exclusion of implied warranties may be effective only if: (a) at the time of the sale, Seller gives Buyer notice on the form prescribed by the Mississippi Attorney General — this Bill of Sale is not that form, so obtain the current prescribed form from the Attorney General before relying on this exception; (b) the exclusion is in writing, mentions merchantability, and is conspicuous; and (c) Buyer separately acknowledges the exclusion by signature below.
☐ The Vehicle qualifies: it is over six (6) model years old OR has been driven more than 75,000 miles. Do not check this box unless Seller has obtained the Attorney General-prescribed notice form and will give it to Buyer at signing.
SEPARATE ACKNOWLEDGMENT. BUYER SEPARATELY ACKNOWLEDGES AND ACCEPTS THE EXCLUSION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE VEHICLE.
BUYER SIGNATURE (SEPARATE ACKNOWLEDGMENT) | DATE
7. ODOMETER DISCLOSURE STATEMENT (SUPPLEMENTAL). Federal law (49 U.S.C. § 32705; 49 C.F.R. Part 580) requires the seller of a motor vehicle to give the buyer a written odometer disclosure when ownership is transferred. For most private sales the operative disclosure is made on the certificate-of-title assignment (or on a secure state reassignment form). This supplemental statement records the same information as evidence; it does not replace the disclosure on the title. Failure to complete the required disclosure, or making a false statement, may result in fines and/or imprisonment.
Seller states that the odometer of the Vehicle described in this Bill of Sale now reads
miles (no tenths), and (check ONE):
☐ The odometer reading reflects the actual mileage of the Vehicle.
☐ The odometer reading reflects mileage in excess of the odometer’s mechanical limits (the odometer has rolled over).
☐ The odometer reading is NOT the actual mileage (odometer discrepancy).
☐ Exempt (check if applicable): ☐ the Vehicle is exempt from odometer disclosure because it has a gross vehicle weight rating over 16,000 lb., is not self-propelled, or meets the federal age exemption (model year 2010 or older transferred at least 10 years after January 1 of the calendar year corresponding to its model year; model year 2011 or newer transferred at least 20 years after January 1 of the calendar year corresponding to its model year — 49 C.F.R. § 580.17).
TRANSFEROR (SELLER) SIGNATURE DATE
| TRANSFEREE (BUYER) SIGNATURE DATE
8. ADDITIONAL TERMS (OPTIONAL). The Parties agree to the following additional terms, if any:
9. GOVERNING LAW. This Bill of Sale is governed by the laws of the State of Mississippi, without regard to conflict-of-laws rules.
10. SIGNATURES. The Parties are signing this Bill of Sale on the Date of Sale first written above (or on the date written next to each signature). Every owner listed on the current title or ownership records must sign — additional sellers or buyers sign in the Additional Terms section or on a duplicate original.
Each party should sign two identical originals and keep one. The buyer will need this Bill of Sale (and the signed title assignment) to title and register the vehicle — see your state instructions.
SIGNATURE OF SELLER PRINTED NAME OF SELLER DATE SIGNED | SIGNATURE OF BUYER PRINTED NAME OF BUYER DATE SIGNED
11. NOTARY ACKNOWLEDGMENT (OPTIONAL UNLESS REQUIRED).
Mississippi does not require this bill of sale to be notarized. Notarization is optional added proof of signature.
STATE OF MISSISSIPPI, COUNTY OF
.
On
, before me, the undersigned notary public, personally appeared
, known to me (or proved to me on satisfactory evidence) to be the person whose name is signed above as Seller, and acknowledged to me that they signed this Bill of Sale for the purposes stated in it.
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE | My commission expires:
[ Notarial seal ]