Retail Installment Contract Vs Bill Of Sale With Notary In Middlesex

State:
Multi-State
County:
Middlesex
Control #:
US-002WG
Format:
Word; 
Rich Text
Instant download

Description

A retail installment agreement is an agreement signed by the Purchaser involving a finance charge and providing for the sale of goods or services. Federal and some State Laws (Consumer Credit Protection Acts) require the disclosure of what the Purchaser is being charged for the credit he/she is receiving. These disclosures include such things as the amount being financed; finance charges; the annual percentage rate; and the number of payments and when due. However, such disclosures are usually only required when a person regularly extends consumer credit (e.g. more than 25 times in the preceding calendar year).



This form is for a casual seller who does not enter into such transactions on a regular basis. It can also be used in commercial transactions (e.g., credit that is not being extended primarily for personal, family, or household purposes).



The Purchaser in this form grants the Seller a security interest in the collateral being sold. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The Seller requires the Purchaser to secure the obligation with the personal property being purchased so that if the Purchaser does not pay as promised, the Purchaser can take the collateral back, sell it, and apply the proceeds against the unpaid obligation of the Purchaser.

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FAQ

Many states don't mandate notarization for bills of sale. States like California, Texas, Florida, Ohio, and New York allow transactions without a notarized document. In these states, a signed bill of sale is often sufficient for legal purposes, provided it includes all required information.

A bill of sale isn't the same as a sales contract. A sales contract is drawn up and signed before a transaction. It lays out the terms of the transaction before buyer and seller come to a final agreement.

In most cases, a contract does not have to be notarized since the signed contract itself is enforceable and legally binding in state or federal courts. Many types of written contracts don't require a notary public to be valid.

Each state has unique regulations for bills of sale. In California, for example, a bill of sale for a vehicle does not need to be notarized, while in Louisiana, notarization is required. Checking state-specific laws helps determine whether the bill of sale must be notarized for it to be legally binding.

Dispute Prevention: A notarized bill of sale strengthens your case in case of ownership disagreements, as it provides a documented and impartial record of the transaction.

Whereas a sales contract is used prior to the exchange of goods, a bill of sale is used during or after the exchange of goods to transfer ownership of the goods from the seller to the buyer.

Yes, a bill of sale is generally considered legally binding whether it's notarized or not. While notarization adds authenticity and may be required in some jurisdictions, its absence does not invalidate the bill of sale's validity.

A bill of sale is more akin to a receipt rather than a contract. Since it is such a simple document, there is no way to truly enforce it. If the bill of sale is the only document you use in a transaction, it is best to ensure there is enough detail on it to make the transaction enforceable.

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Retail Installment Contract Vs Bill Of Sale With Notary In Middlesex