Documents · Glossary
What is a bill of sale?
A bill of sale is a document recording the transfer of ownership of goods from a seller to a buyer. It identifies the goods, names both parties, states the price and the date, and sets out what the seller promises about the item, usually including that they own it and can sell it.
For anything worth more than a few hundred dollars, it is the difference between owning something and being able to prove it. Private vehicle and equipment sales are where its absence is felt most.
Nuwan Madhusanka · Co-founder
5 min read · Published
| Bill of sale | Receipt | Registry transfer form | |
|---|---|---|---|
| Records | The sale, the goods and the terms | That money was received | The change of registered owner |
| Identifies the goods | In detail, with identifying numbers | Sometimes, briefly | Yes, by registration details |
| Contains promises about title | Yes, that is the point | No | No |
| Signed by | Both parties | The seller | Both parties, on the authority's form |
| Proves ownership | Yes, as between the parties | Weakly | Registration is not the same as ownership |
| Required by law | No | Sometimes, on request | Yes, for registered vehicles |
What the document should state
Both parties by full name and address, with the entity named correctly where a business is involved. The goods described so specifically that no other item could be meant: make, model, serial or identification number, registration, odometer reading, condition. The price, and how it was paid, including any deposit and the balance with its date. The date and place of the sale, and the moment ownership passes, which is usually on payment in full rather than on signature. What the seller promises: that they are the owner, that they have the right to sell, and that the goods are free of any money owing or security interest. And what the seller does not promise, which for a private sale is usually anything about condition or fitness.
Sold as is, and what that actually means
Between two private parties, goods are commonly sold with no warranty as to condition, and saying so plainly in the document is fair and enforceable. It does not excuse a seller from statements they actually made: telling a buyer the engine was rebuilt last year, when it was not, is misrepresentation regardless of an as is clause. Nor does it help a business seller, since consumer guarantees apply to goods sold in trade or commerce and cannot be contracted out of. The practical rule is that as is protects a private seller from the buyer's disappointment and protects nobody from their own untrue statements.
Money owing, and the search the buyer should do
The most expensive problem in a private sale of a vehicle or piece of equipment is a security interest registered against it by a lender. A buyer who pays the seller and takes delivery can find the financier entitled to repossess the item, leaving them to chase a seller who has spent the money. The protection is a search of the personal property securities register before paying, using the vehicle identification number or serial number rather than the registration. It costs a few dollars and takes a minute. The seller's warranty in the bill of sale that nothing is owing is worth having as a fallback and is not a substitute for the search.
Vehicles, where the registry form is a separate step
A bill of sale records the sale between the parties. It does not change the registered owner, which is done on the relevant state or territory authority's own transfer form, within a stated period, usually with the buyer and seller each lodging their part. Registration and ownership are different things: the registered operator of a vehicle is not necessarily its owner. Both documents should be completed on the same day, and both parties should keep a copy of each. For anything with a roadworthy or safety certificate requirement, the seller's obligations differ by state, so a quick check of the local transport authority before advertising saves a failed handover.
Business asset sales, which are different again
Selling equipment out of a business brings in matters a private sale does not. Goods and services tax usually applies, so the price should state whether it is inclusive and a tax invoice should follow. Any security interest registered by the business's own financier has to be released. Where the equipment is part of a larger sale of assets, a bill of sale for the plant sits under a broader asset sale agreement that also deals with employees, contracts, stock and goodwill, and the allocation of the price between asset classes matters for both parties' tax positions. A single document trying to do all of that usually does none of it well.
Keeping it, and what it is worth later
The document proves what was sold, for how much, when, and on what terms, which is exactly what is needed for an insurance claim, a capital gains calculation, a warranty argument with a manufacturer, or a dispute with a third party claiming the goods. Keep the signed original with the payment record and any inspection report, and photograph the item on the day. For a vehicle, keep the odometer reading and the safety certificate. None of this is onerous, and the buyer who has it is in a completely different position from the buyer with a bank transfer and a phone number that no longer answers.
Questions people ask
Is a bill of sale the same as a receipt?
No. A receipt confirms that money was received and says little about the goods or the terms. A bill of sale records the transaction itself, identifies the item precisely and carries the seller's promises about ownership. A receipt is useful evidence of payment and is not evidence that the seller had the right to sell.
Do both parties need to sign?
The seller must, since they are the one transferring and giving the warranties. Having the buyer sign as well is better practice, because it records their acceptance of the as is condition and of the description, which is the part a disappointed buyer later disputes. Two signed copies, one each, is the sensible arrangement.
Does a bill of sale need to be notarised?
Not in Australia or the United Kingdom for ordinary goods. Some United States states require notarisation for certain vehicle transfers, and a few require a specific form. Where an international sale or a shipment is involved, the buyer's own authorities may require a notarised or legalised document, which is worth confirming before the item leaves.
Can a bill of sale be used as security for a loan?
Historically that was a common use, and the term still carries that meaning in some jurisdictions and in older legislation. Modern secured lending against goods is registered on a personal property securities register instead, which is far more effective. If a lender proposes taking a bill of sale as security, get advice, because the structure is unusual today.
What if the buyer pays by instalments?
State that ownership passes only on payment in full, and say who bears the risk of loss or damage in the meantime, which is usually the party in possession. Consider whether a security interest should be registered. A handover on a first instalment with nothing in writing about title is the arrangement that produces the worst outcomes.
Does a bill of sale work for livestock or plant?
Yes, and it is standard in both. Livestock sales use the same structure with different identifiers, being tags, brands, breed and count, and often a health declaration. Plant and machinery sales use serial numbers and hour meter readings. The register search matters even more for plant, since financed equipment is extremely common.
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