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example car sale agreement
Car Sale Agreement
This Car Sale Agreement (the "Agreement") is made and entered into as of [Date] by and between [Seller Full Name], residing at [Seller Address] (the "Seller"), and [Buyer Full Name], residing at [Buyer Address] (the "Buyer").
1. Introduction
This Agreement sets forth the terms and conditions for the sale and purchase of the motor vehicle described below (the "Vehicle").
2. Vehicle Description
The Vehicle is described as follows:
Make: [Vehicle Make]
Model: [Vehicle Model]
Year: [Vehicle Year]
VIN: [Vehicle VIN]
Mileage: [Vehicle Mileage]
Color: [Vehicle Color]
3. Purchase Price
The purchase price of the Vehicle (the "Purchase Price") is [Amount] ([Currency]).
4. Payment Terms
The Buyer shall pay the Purchase Price to the Seller as follows:
Deposit: [Amount] ([Currency]) shall be paid by the Buyer to the Seller upon the signing of this Agreement.
Balance: The remaining balance of [Amount] ([Currency]) shall be paid by the Buyer to the Seller upon delivery of the Vehicle.
5. Delivery
The Seller shall deliver the Vehicle to the Buyer at [Delivery Location] on or before [Delivery Date].
6. Title Transfer
The Seller shall transfer title to the Vehicle to the Buyer upon full payment of the Purchase Price. The Buyer shall be responsible for all costs associated with the transfer of title, including but not limited to registration fees, stamp duty, and any other applicable fees.
7. Warranty
The Vehicle is being sold "as is" with no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. The Seller makes no representations or warranties regarding the condition of the Vehicle, including but not limited to its mechanical condition, safety, or performance.
8. Inspection
The Buyer has the right to have the Vehicle inspected by a qualified mechanic at the Buyer's expense prior to the purchase. The Buyer shall be responsible for any repairs or maintenance required to the Vehicle after the purchase.
9. Default
If the Buyer fails to make any payment due under this Agreement, the Seller shall have the right to repossess the Vehicle. The Buyer shall be responsible for all costs associated with the repossession of the Vehicle, including but not limited to towing and storage fees.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11. 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.
12. 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.
13. 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 the Seller:
[Seller Full Name]
[Seller Address]
If to the Buyer:
[Buyer Full Name]
[Buyer Address]
14. Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.
15. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
16. 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]
Table of Contents
Introduction
Vehicle Description
Purchase Price
Payment Terms
Delivery
Title Transfer
Warranty
Inspection
Default
Governing Law
Entire Agreement
Severability
Notices
Waiver
Binding Effect
Signatures
TLDR
This Car Sale Agreement outlines the terms and conditions for the sale and purchase of a vehicle between a Seller and a Buyer. It includes details about the vehicle, purchase price, payment terms, delivery, title transfer, warranty, inspection, default, governing law, and other relevant provisions.
Sources
Case Laws
Civil Case 22 of 2006 (Source: Kenya Law ↗) - This case involved a dispute over the sale of land. The court held that the sale agreement was invalid because the defendant was not authorized to sell the land. This case is relevant because it highlights the importance of ensuring that the seller has the legal authority to sell the property.
Civil Appeal 156 of 1997 (Source: Kenya Law ↗) - This case involved a dispute over the sale of land. The court held that the sale was invalid because it was conducted in violation of a court order. This case is relevant because it highlights the importance of complying with court orders when selling property.
Petition 12, 11 & 13 of 2021 (Consolidated) (Source: Kenya Law ↗) - This case involved a dispute over a constitutional amendment. The court held that the amendment was invalid because it was not properly initiated. This case is relevant because it highlights the importance of following the proper procedures when making changes to the constitution.
Environment & Land Case 300 of 2018 (Source: Kenya Law ↗) - This case involved a dispute over the sale of property at a public auction. The court held that the sale was invalid because the property was not properly advertised. This case is relevant because it highlights the importance of following the proper procedures when selling property at a public auction.
Civil Appeal E035 of 2022 (Source: Kenya Law ↗) - This case involved a dispute over the repossession and sale of a motor vehicle. The court held that the sale was valid because the appellant had a valid security interest in the vehicle. This case is relevant because it highlights the importance of having a valid security interest when lending money against a motor vehicle.
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE ... (Source: SAFLII ↗) - This case involved a dispute over the sale of a vehicle. The court held that the seller had misrepresented the vehicle's value. This case is relevant because it highlights the importance of disclosing all material facts about the vehicle when selling it.
Selesho v FNB (40719/16) [2020] ZAGPPHC 511 (7 September 2020) (Source: SAFLII ↗) - This case involved a dispute over the transfer of ownership of a vehicle. The court held that the transfer was invalid because the applicant had not consented to it. This case is relevant because it highlights the importance of obtaining the owner's consent before transferring ownership of a vehicle.
IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN ... (Source: SAFLII ↗) - This case involved a dispute over the repossession of a vehicle. The court held that the repossession was valid because the defendant had defaulted on the installment agreement. This case is relevant because it highlights the importance of complying with the terms of an installment agreement when financing a vehicle.
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION ... (Source: SAFLII ↗) - This case involved a dispute over the sale of a vehicle. The court held that the sale was invalid because it was a sham transaction. This case is relevant because it highlights the importance of ensuring that a sale transaction is genuine and not a sham.
Sample Car Sale Agreement
This Car Sale Agreement (the "Agreement") is made and entered into as of [Date] by and between [Seller Full Name], residing at [Seller Address] (the "Seller"), and [Buyer Full Name], residing at [Buyer Address] (the "Buyer").
1. Introduction
This Agreement sets forth the terms and conditions for the sale and purchase of the motor vehicle described below (the "Vehicle").
2. Vehicle Description
The Vehicle is described as follows:
Make: [Vehicle Make]
Model: [Vehicle Model]
Year: [Vehicle Year]
VIN: [Vehicle VIN]
Mileage: [Vehicle Mileage]
Color: [Vehicle Color]
3. Purchase Price
The purchase price of the Vehicle (the "Purchase Price") is [Amount] ([Currency]).
4. Payment Terms
The Buyer shall pay the Purchase Price to the Seller as follows:
Deposit: [Amount] ([Currency]) shall be paid by the Buyer to the Seller upon the signing of this Agreement.
Balance: The remaining balance of [Amount] ([Currency]) shall be paid by the Buyer to the Seller upon delivery of the Vehicle.
5. Delivery
The Seller shall deliver the Vehicle to the Buyer at [Delivery Location] on or before [Delivery Date].
6. Title Transfer
The Seller shall transfer title to the Vehicle to the Buyer upon full payment of the Purchase Price. The Buyer shall be responsible for all costs associated with the transfer of title, including but not limited to registration fees, stamp duty, and any other applicable fees.
7. Warranty
The Vehicle is being sold "as is" with no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. The Seller makes no representations or warranties regarding the condition of the Vehicle, including but not limited to its mechanical condition, safety, or performance.
8. Inspection
The Buyer has the right to have the Vehicle inspected by a qualified mechanic at the Buyer's expense prior to the purchase. The Buyer shall be responsible for any repairs or maintenance required to the Vehicle after the purchase.
9. Default
If the Buyer fails to make any payment due under this Agreement, the Seller shall have the right to repossess the Vehicle. The Buyer shall be responsible for all costs associated with the repossession of the Vehicle, including but not limited to towing and storage fees.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11. 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.
12. 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.
13. 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 the Seller:
[Seller Full Name]
[Seller Address]
If to the Buyer:
[Buyer Full Name]
[Buyer Address]
14. Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.
15. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
16. 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]
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