A New York Bill of Sale is a document that lets New York residents transfer a piece of their property to someone else. Bills of Sale are often used to legally sell personal property like vehicles or firearms, but can also be used to sell horses, boats, and other goods of value.
On a Bill of Sale in New York, the person paying for the piece of property is the buyer, and the one selling it is the seller. After a purchase is complete, a Bill of Sale acts as a receipt of the exchange between the buyer and seller.
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1. New York Vehicle Bill of Sale
A bill of sale is required, along with a title transfer indicated on the original title, to legally sell a vehicle or a vessel privately in New York. The document sufficiently records the transaction between the seller and buyer, and helps to prevent fraudulent practices.
For Vehicles and Vessels
New York provides an official document, Form MV-912, which is provided on the state’s official DMV website. However, you may legally draft your own vehicle bill of sale and it will be accepted. Notarization is not required by law. Like the official form, it must contain each of the following:
- The vehicle or vessel’s make, model, and year
- The Vehicle identification Number (VIN) for vehicles, or the Hull Identification Number (HIN) for vessels
- The odometer reading for vehicles
- The seller’s and buyer’s names, contact information, and signatures
- The date of the sale
- The purchase price
While penalty of perjury statements are not pre-printed on New York bills of sale, the state does take perjury on DMV forms seriously. It is considered second-degree perjury, which is defined by statute as “swearing falsely, under oath, with the intent to mislead a public servant.” It is considered a class E felony, and it is punishable by up to four years in prison.
Language Requirements
Unlike the Form MV-902, which is provided by the state in up to six different languages on the official DMV site, the official bill of sale form is only offered in English. However, you may draft your own in a different language and the state will permit it, as long as the document is filed with a proper English translation.
Number of Copies
The buyer and seller can make photocopies of the bill of sale for their own records, since the original must be filed with the local New York DMV branch.
After Purchasing a Vehicle or Vessel
There are many other documents that need to be filed and actions to take when you are buying or selling a vehicle or vessel in New York.
Dealership Sales
For buyers:
- An in-state dealer will provide you with a Dealer’s Bill of Sale, or MV-50, indicating payment. As of summer 2018, you can handle much of this online using a new system called VERIFI. Print off your form after completing it and bring it to the DMV. If your dealer is out-of-state, fill out the Sales Tax Exemption Form, or DTF-803, found on the Department of Tax and Finance (DTF) website, and file it instead. Be sure to include the out-of-state bill of sale to show that you paid tax in the state where the purchase was made, along with the Sales Tax Paid in Another State Form, or DTF-804.
- Without a bill of sale, the dealer must have another document to prove ownership of the vehicle or vessel. Without a Dealer’s Bill of Sale, or MV-50, a Manufacturer’s Certificate of Origin, or a Manufacturer’s Statement of Origin will still legally suffice, if the vehicle or vessel is new, or an old registration will work, if the vehicle or vessel is used.
- The dealer will send the applications for your registration and title to the DMV for you, and can charge up to $75.00.
Private Sales
For sellers:
- You must provide a signed bill of sale.
- You must complete and sign the transfer portion of title, even if the vehicle or vessel is a gift. If the title was previously transferred to you, you cannot use the same title to transfer ownership. Instead, you will have to apply for a new title certificate to transfer using an Application for Title Only, or MV-82TON.
- If you do not have a previous bill of sale, you must present proof of ownership accepted by the state. For a vehicle model year 1973 or newer, or a vessel model year 1987 or newer, or any registered boat that is at least 14 feet long, the original title will do. If the registration is lost and no duplicate is available, a Certification of NY State Registration for Transfer of Non-Titled Vehicle, or Form MV-51B, is required, along with a $10 fee.
- If the vehicle year is model year 1972 or older, or the vessel is model year 1986 or older, or less than 14 feet long, you will need the original registration or a certified copy.
- You must be the named seller on the proof of ownership document, and you must record the buyer’s name and sign the applicable transfer section.
- Only if your registration document is marked “transferable,” you may use it to transfer ownership.
- If a vehicle is 10 years old or less, you must complete the Odometer Disclosure Statement, and the Damage Disclosure Statement regardless of age. Both are found on the back of the title.
- You must complete and sign a Statement of Transaction, or Form DTF-802.
For buyers:
- You must fill out your portion of the Statement of Transaction, or DTF-802, and file it at your local DMV branch, where they will calculate and collect your sales tax and issue a receipt. You must either pay the county use tax and sales tax, or prove it was already paid or that your registration is exempt.
- If the vehicle or vessel was a gift, you may file the Statement of Transaction, or DTF-802, to receive a tax exemption, along with a bill of sale stating a purchase price of $0.
- Sign and submit the bill of sale, even if the vehicle or vessel was a gift.
- Register the vehicle or vessel, or transfer a registration from another vehicle or vessel you own.
- Submit the completed and signed Application for Title Only, or MV-82TON, or original title, to title the vehicle or vessel in your name. If the title is lost or damaged, you can submit a Registration or Title, or MV-82.
2. New York Gun Bill of Sale
Depending upon the county in New York in which you reside, different information is required on the firearm bill of sale. In some counties, the document has to be notarized. It is then registered with the county clerk. After transfer, your permit will have to be amended and reissued. If the firearm is a gift, a statement of permission is acceptable.
Ensure your gun bill of sale has the following:
- The make, caliber, and serial number
- The seller’s name and contact information
- The carry numbers of the seller and buyer
- The original date the seller’s permit was issued