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draft a car sales agreement

Table of Contents

  1. Introduction

  2. Parties

  3. Vehicle Description

  4. Purchase Price and Payment

  5. Delivery and Title Transfer

  6. Warranty and Disclaimer

  7. Inspection and Acceptance

  8. Default and Remedies

  9. Governing Law and Dispute Resolution

  10. Entire Agreement

  11. Notices

  12. Severability

  13. Waiver

  14. Binding Effect

  15. Signatures

Introduction

This Car Sales Agreement ("Agreement") is made and entered into as of [Date] by and between [Seller Name], residing at [Seller Address] ("Seller"), and [Buyer Name], residing at [Buyer Address] ("Buyer").

Parties

  • Seller: [Seller Name]

  • Buyer: [Buyer Name]

Vehicle Description

  • Vehicle Make: [Make]

  • Vehicle Model: [Model]

  • Year of Manufacture: [Year]

  • Vehicle Identification Number (VIN): [VIN]

  • Mileage: [Mileage]

  • Color: [Color]

  • Condition: [Condition (e.g., used, new)]

Purchase Price and Payment

  • Purchase Price: [Amount] Kenyan Shillings (KES)

  • Payment Method: [Payment method (e.g., cash, bank transfer, financing)]

  • Payment Schedule: [Payment schedule if applicable (e.g., down payment, installments)]

Delivery and Title Transfer

  • Delivery Date: [Date]

  • Delivery Location: [Location]

  • Title Transfer: Seller agrees to transfer the title of the vehicle to Buyer upon full payment of the purchase price.

Warranty and Disclaimer

  • Warranty: Seller warrants that the vehicle is free from any known defects in materials and workmanship at the time of sale.

  • Disclaimer: Seller makes no other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Inspection and Acceptance

  • Inspection: Buyer has the right to inspect the vehicle prior to purchase.

  • Acceptance: Buyer's acceptance of the vehicle signifies that the vehicle is in satisfactory condition.

Default and Remedies

  • Default: If Buyer fails to make any payment due under this Agreement, Seller may, at its option, declare Buyer in default.

  • Remedies: Upon Buyer's default, Seller may, at its option, pursue any or all of the following remedies:

    • Repossession: Seller may repossess the vehicle.

    • Legal Action: Seller may pursue legal action to recover any unpaid amounts.

Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

  • Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be settled amicably. If the parties are unable to reach an amicable settlement, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1995.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

  • If to Seller: [Seller Address]

  • If to Buyer: [Buyer Address]

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Seller:

[Seller Signature]

[Seller Printed Name]

Buyer:

[Buyer Signature]

[Buyer Printed Name]

Note: This is a sample car sales agreement and may not be suitable for all situations. It is recommended that you consult with an attorney to ensure that the agreement meets your specific needs.

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