M-Wakili

CONTACT

FAQ

LOGIN

REGISTER

Ask a lawyer:
example car sale agreement

Table of Contents

  1. Introduction

  2. Essential Elements of a Car Sale Agreement

  3. Sample Car Sale Agreement

  4. Conclusion

Introduction

This response will provide a sample car sale agreement that can be used as a guide for individuals in Kenya who are buying or selling a car. It is important to note that this is a sample agreement and may not be suitable for all situations. It is always advisable to consult with a legal professional to ensure that the agreement is tailored to your specific needs.

Essential Elements of a Car Sale Agreement

A car sale agreement is a legally binding contract that outlines the terms and conditions of the sale of a vehicle. It is essential to include the following elements in the agreement:

  1. Parties: The names and addresses of the buyer and seller.

  2. Vehicle Description: A detailed description of the vehicle being sold, including the make, model, year, VIN number, and any other relevant information.

  3. Purchase Price: The agreed-upon price for the vehicle.

  4. Payment Terms: The method of payment, including the amount of the down payment, if any, and the payment schedule.

  5. Delivery: The date and location of the delivery of the vehicle.

  6. Title Transfer: The process for transferring the title of the vehicle to the buyer.

  7. Warranty: Any warranties provided by the seller, including the duration and scope of coverage.

  8. Inspection: The right of the buyer to have the vehicle inspected by a qualified mechanic before purchasing it.

  9. Condition of Sale: The condition of the vehicle, including any known defects or problems.

  10. Disclaimer: A disclaimer of any implied warranties, such as the warranty of merchantability.

  11. Governing Law: The law that will govern the agreement.

  12. Dispute Resolution: The process for resolving any disputes that may arise under the agreement.

  13. Signatures: The signatures of both the buyer and seller.

Sample Car Sale Agreement

This Car Sale 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").

WHEREAS, Seller is the owner of a [Year] [Make] [Model] vehicle, VIN number [VIN Number] ("Vehicle"); and

WHEREAS, Buyer desires to purchase the Vehicle from Seller;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Sale of Vehicle: Seller agrees to sell and Buyer agrees to purchase the Vehicle upon the terms and conditions set forth in this Agreement.

2. Purchase Price: The purchase price for the Vehicle shall be [Amount] ([Currency]).

3. Payment Terms: Buyer shall pay the Purchase Price to Seller as follows:

  • [Down Payment Amount] ([Currency]) shall be paid by Buyer to Seller upon the execution of this Agreement.

  • [Balance Amount] ([Currency]) shall be paid by Buyer to Seller upon delivery of the Vehicle.

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

5. Title Transfer: Seller shall transfer the title of the Vehicle to Buyer upon receipt of full payment of the Purchase Price.

6. Warranty: Seller warrants that the Vehicle is free from any known defects in materials and workmanship at the time of sale. Seller makes no other warranties, express or implied, with respect to the Vehicle, including any warranties of merchantability or fitness for a particular purpose.

7. Inspection: Buyer shall have the right to have the Vehicle inspected by a qualified mechanic at Buyer's expense prior to the purchase.

8. Condition of Sale: The Vehicle is being sold "as is" and "where is" with no warranties or representations, express or implied. Buyer acknowledges that Buyer has inspected the Vehicle and is satisfied with its condition.

9. Disclaimer: Seller disclaims all warranties, express or implied, with respect to the Vehicle, including any warranties of merchantability or fitness for a particular purpose.

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

11. Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.

12. 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.

13. 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.

14. 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]

15. Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.

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

[Seller Signature]

[Seller Printed Name]

[Buyer Signature]

[Buyer Printed Name]

Conclusion

This sample car sale agreement provides a basic framework for a legally binding contract. It is important to remember that this is just a sample agreement and may not be suitable for all situations. It is always advisable to consult with a legal professional to ensure that the agreement is tailored to your specific needs.

Answered by mwakili.com