What a bill of sale is and when you need one in California

A bill of sale is a written record that you sold something to someone else. In California, it documents the transfer of ownership — who owned it, who owns it now, what it is, and how much money changed hands. You are not required by law to create one for most personal property sales, but having one protects both the buyer and seller by proving the transaction happened and on what terms.

You will most commonly encounter a bill of sale when buying or selling a vehicle, boat, or firearm in California. For vehicles, the Department of Motor Vehicles uses the bill of sale to update registration records. For firearms, federal law requires a licensed dealer to keep records, but a bill of sale between private parties creates a paper trail that protects you if the gun is later used in a crime. For other items — furniture, electronics, equipment — a bill of sale is optional but useful if the item is valuable or if there is any chance of a dispute later.

The bill of sale is not the same as a title or deed. A title is an official government document proving ownership of a vehicle. A deed is an official document for real property like land or a house. A bill of sale is a private contract between two people that can be handwritten or typed, and it does not have to be notarized or filed with any government office unless you are selling a vehicle.

Key Takeaways

  • A bill of sale is a written record of a sale that protects both buyer and seller by documenting what was sold, who bought it, and for how much money.
  • For vehicle sales in California, you must give the bill of sale to the DMV along with other paperwork to transfer the title into the buyer's name.
  • A bill of sale can be handwritten or typed and does not need to be notarized for most personal property, though notarization adds legal weight if a dispute arises later.
  • The bill of sale should include the date, description of the item, the price paid, and the signatures of both buyer and seller.

What information goes on a California bill of sale

A bill of sale does not have a single official form in California for personal property, which means you can write one yourself. However, certain information should always be included so the document is clear and holds up if there is ever a question about the sale.

The bill of sale should show the date of the sale, the full names and addresses of both the seller and the buyer, a detailed description of what is being sold (for a car, this includes the year, make, model, color, and vehicle identification number), the price paid, and the signatures of both parties. If the sale included a trade-in or if the buyer is assuming a loan, note that on the bill of sale as well. Some sellers also add a line stating that the item is sold "as-is" with no warranties, which protects the seller from later claims that something was broken or not as described.

For vehicle sales specifically, California has a standard form — the REG 135 — that the DMV recognizes. You can use this form or write your own bill of sale, but if you write your own, make sure it includes all the vehicle information listed above. The buyer will need the bill of sale to register the vehicle in their name at the DMV.

How to create a bill of sale in California

Start by gathering the information you will need: the date of the sale, both parties' full legal names and addresses, and a complete description of the item. For a vehicle, you will need the VIN (vehicle identification number), which appears on the title and on the dashboard at the base of the windshield on the driver's side.

Write or type the bill of sale. You can use the DMV's REG 135 form for a vehicle, read a template from a legal website, or create your own document. The format does not matter as long as it includes all the required information. Keep the language straightforward and clear — this is not a legal contract that needs fancy wording, just a straightforward record of who sold what to whom for how much.

Both the seller and buyer should sign and date the bill of sale. If you want extra protection, have the signatures notarized at a bank, notary public, or UPS store. Notarization is not required in California for a bill of sale to be valid, but it does make the document harder to challenge in court if a dispute arises. Make copies — the seller keeps one, the buyer keeps one, and if it is a vehicle, a copy goes to the DMV with the title transfer paperwork.

Bill of sale requirements for vehicle sales at the California DMV

If you are buying or selling a vehicle in California, the bill of sale is part of the paperwork the DMV needs to process the title transfer. The buyer must submit the bill of sale along with the original title (or an process for Duplicate Title if the title is lost), a completed process for Title or Registration (form REG 343), and proof of California residency.

The DMV does not require the bill of sale to be notarized, but both the seller and buyer must sign it. The buyer takes all this paperwork to a DMV office or submits it by mail. The DMV will use the bill of sale to confirm the sale price and update its records to show the new owner. If there is a lien on the vehicle (meaning a lender still has a claim to it), the lender must sign off on the transfer, and that release of lien must also go to the DMV.

Keep in mind that the bill of sale is not the same as the title. The title is the official ownership document issued by the DMV. The bill of sale is the proof that the sale happened. You need both to complete a vehicle transfer in California.

When to notarize a bill of sale

Notarization is optional for most bill of sale transactions in California, but it is worth considering if the item is expensive, if you do not know the other party well, or if there is any chance of a dispute. A notary public is a person authorized by the state to witness signatures and verify that the people signing are who they say they are. Having a notary sign off on your bill of sale makes it a more formal document and harder to challenge later if someone claims they did not actually sign it or that the terms were different.

To notarize a bill of sale, both the buyer and seller must appear in person with the bill of sale and a form of government-issued photo ID. The notary will watch you both sign, verify your identities, and then add their seal and signature to the document. This usually costs between $5 and $15 per signature. You can find notaries at banks, UPS stores, law offices, and some libraries. Some notaries also come to you for an additional fee.

For firearm sales between private parties, notarization is not required by law, but it does create a clear record of the transaction. For vehicle sales, notarization is not required by the DMV, so it is purely a choice based on how much protection you want.

What happens if you sell something without a bill of sale

If you sell personal property without a bill of sale, the sale is still legal and binding — the lack of a written record does not undo the transaction. However, without a bill of sale, you have no proof of what you sold, for how much, or when. This creates risk for both parties.

For the seller, the buyer could later claim they paid a different amount, that the item was supposed to come with a warranty, or that something was broken when they received it. Without a bill of sale, you have no written defense. For the buyer, if the seller later claims the item was stolen or that they did not actually own it, the buyer has no proof they purchased it in good faith.

For vehicle sales, not having a bill of sale makes the DMV transfer process harder. The buyer cannot register the vehicle without proof of the sale, and the seller cannot prove they no longer own it, which could leave them liable if the vehicle is later used in a crime or involved in an accident.

Frequently Asked Questions

Can I handwrite a bill of sale or does it have to be typed?

A handwritten bill of sale is perfectly legal in California. What matters is that it includes all the necessary information — date, names, description of the item, price, and signatures — not whether it is handwritten or typed. Many people handwrite bills of sale, and they hold up just as well in court as typed ones.

Do I need a bill of sale to sell a car to a private buyer in California?

You do not need one to make the sale legal, but the buyer will need one to register the vehicle at the DMV. Without a bill of sale, the DMV cannot process the title transfer. So while it is not legally required for the sale itself, it is practically required if the buyer wants to drive the car legally.

What if the buyer and I disagree about the price after we sign the bill of sale?

Once both parties sign a bill of sale, the price is documented and binding. If there is a dispute, the bill of sale is evidence of what was agreed to. This is why it is important to make sure the price is correct before you both sign. If you need to change the price after signing, both parties should initial and date the change on the document.

Can I sell a firearm in California without a bill of sale?

Yes, a bill of sale is not legally required for private firearm sales in California. However, federal law requires licensed dealers to keep records of sales, and a bill of sale between private parties creates a clear record that protects both the buyer and seller. It is not mandatory, but it is a good practice.

Does a bill of sale need to be filed with the government?

For personal property, no — a bill of sale is a private document between the buyer and seller and does not need to be filed anywhere. For vehicles, the buyer files the bill of sale along with other paperwork at the DMV to transfer the title, but you do not file it separately.