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Draft a sample car sales agreement document

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Introduction
Definitions
Sale and Purchase of Vehicle
Payment
Delivery and Title Transfer
Warranties and Disclaimers
Default and Remedies
Dispute Resolution
Miscellaneous
Conclusion

Introduction

This sample car sales agreement document is intended to provide a general framework for the sale and purchase of a motor vehicle in Kenya. It is important to note that this is a sample document and may not be suitable for all transactions. It is highly recommended that you consult with a legal professional to ensure that the agreement is tailored to your specific needs and circumstances.

Definitions

"Buyer" means [Buyer's Name], residing at [Buyer's Address].
"Seller" means [Seller's Name], residing at [Seller's Address].
"Vehicle" means the motor vehicle described in Section 3 below.
"Purchase Price" means the total amount payable by the Buyer for the Vehicle, as specified in Section 4 below.

3. Sale and Purchase of Vehicle

3.1. The Seller agrees to sell and the Buyer agrees to purchase the following motor vehicle:

Make: [Make of Vehicle]
Model: [Model of Vehicle]
Year: [Year of Manufacture]
Registration Number: [Registration Number]
Chassis Number: [Chassis Number]
Engine Number: [Engine Number]

3.2. The Vehicle is being sold in its current condition, "as is" and "where is," with no warranties expressed or implied.

4. Payment

4.1. The Purchase Price of the Vehicle is [Amount] Kenyan Shillings ([Amount in Words]).

4.2. The Buyer shall pay the Purchase Price to the Seller as follows:

[Payment Method]: [Details of Payment Method]
[Payment Schedule]: [Details of Payment Schedule]

4.3. The Buyer shall be responsible for all costs associated with the transfer of ownership of the Vehicle, including but not limited to:

Transfer Fees: [Details of Transfer Fees]
Road Tax: [Details of Road Tax]
Insurance: [Details of Insurance]

5. Delivery and Title Transfer

5.1. The Seller shall deliver the Vehicle to the Buyer at [Delivery Location] on or before [Delivery Date].

5.2. The Seller shall provide the Buyer with all necessary documents for the transfer of ownership of the Vehicle, including but not limited to:

Logbook: [Details of Logbook]
Certificate of Ownership: [Details of Certificate of Ownership]
Registration Certificate: [Details of Registration Certificate]

5.3. The Buyer shall be responsible for registering the Vehicle in their name with the relevant authorities.

6. Warranties and Disclaimers

6.1. The Seller makes no warranties, express or implied, with respect to the Vehicle, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2. The Seller specifically disclaims any liability for any defects or problems with the Vehicle, including but not limited to:

Mechanical Defects: [Details of Mechanical Defects]
Bodywork Defects: [Details of Bodywork Defects]
Electrical Defects: [Details of Electrical Defects]

6.3. The Buyer acknowledges that they have inspected the Vehicle and are satisfied with its condition.

7. Default and Remedies

7.1. If the Buyer fails to make any payment due under this Agreement, the Seller shall have the right to:

Terminate this Agreement: [Details of Termination]
Repossess the Vehicle: [Details of Repossession]
Pursue legal action: [Details of Legal Action]

7.2. If the Seller fails to deliver the Vehicle or provide the necessary documents for the transfer of ownership, the Buyer shall have the right to:

Terminate this Agreement: [Details of Termination]
Pursue legal action: [Details of Legal Action]

8. Dispute Resolution

8.1. Any dispute arising out of or relating to this Agreement shall be settled amicably between the parties.

8.2. If the parties are unable to reach an amicable settlement, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1995.

9. Miscellaneous

9.1. 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.

9.2. This Agreement shall be governed by and construed in accordance with the laws of Kenya.

9.3. This Agreement may be amended only by a written instrument signed by both parties.

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

9.5. 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.

10. Conclusion

This Agreement is made and entered into on this [Date] day of [Month], [Year].

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

[Buyer's Signature]

[Seller's Signature]

[Witness's Signature]

[Date]

Sources:

The Arbitration Act, 1995
The Sale of Goods Act, 1993
The Motor Vehicles (Third Party Risks) Act, 1939
The Road Traffic Act, 2012
The Kenya Revenue Authority (KRA) website

Note: This is a sample agreement and may not be suitable for all transactions. It is highly recommended that you consult with a legal professional to ensure that the agreement is tailored to your specific needs and circumstances.