Get it in writing.

[danno711]

You might be in the market to purchase a bike or you might be selling yours.
It's best to always get your agreement in writing.

After reading a few examples of Buyer/Seller Agreements form various dealers, I came up with my own version and thought I'd share it. Might come in handy if you ever find yourself in a selling or buying scenario...

This particular version includes room for a nonrefundable deposit.
Paying in full? Just put a zero or NA


Feel free to critique it...Would you add something or take something out?

NON-REFUNDABLE DEPOSIT AGREEMENT
I, ___________________________ (print name), hereinafter referred to as
“Buyer,” agree to pay the amount of $_____________ as a NON-REFUNDABLE
DEPOSIT toward the purchase of a scooter, to be sold AS IS, and acknowledging the representation to be accurate, to the Buyer, _______________________(print name) hereinafter known as “Seller,” owner of said vehicle.

VIN #/Make/Model:____________________________________________ ________

Seller hereby agrees in consideration of payment of said NON-REFUNDABLE
DEPOSIT to withdraw said scooter from the market until the above purchase of said scooter has been completed, and upon receipt of the remaining amount due for the purchase by the Buyer.

Buyer understands, acknowledges, and agrees that if he fails to pay the Seller the remaining amount due, when it is due, for the purchase of said scooter, the NON-REFUNDABLE DEPOSIT shall be forfeited. Buyer understands and agrees never to dispute representation of said scooter, sold AS IS, without any kind of warranty.

The seller understands, acknowledges, and agrees that if the condition of the scooter changes from the date of the deposit and the date the balance is due, or if the said scooter is found by a reputable 3rd party to be inaccurately or deceptively described by the seller, than the agreement shall be void and deposit will be returned to said buyer.

Purchase Price of said scooter Vin # ____________________

Deposit Amount for said vehicle ________________________

Balance Due ________________________________________

Date balance is to be received by: _____________________________
If balance is not received by the above date, the buyer forfeits the deposit.



Agreement by Buyer:

__________________________________________________ ________
(Print name/Signature/date)


Agreement by Seller

__________________________________________________ ____________
(Print name/Signature/date)

[lykos23]

Mine says...

"Traded 2009 Bash Scooter in as is condition with no warranties expressed or acknowledged for a Nabi Tablet, laptop, case and other stuff in as is condition. Owner is now responsible for license and title transfers along with insurance."

Then it has the VIN# and the previous owner's signature. ;P

[Guest_1]

nice lil form
to bad in PA its not legal until notarized

[scootnwinn]

You should add a clause or wording that says something like "the seller acknowledges that this agreement shall be void and deposit will be returned should the condition of the scooter change or be found by a reputable 3rd party to be inaccurately or deceptively described" Nothing should be so black and white.

Also have it notarized or witnessed at least once or its worthless....

[danno711]

Originally Posted by scootnwinn

You should add a clause or wording that says something like "the seller acknowledges that this agreement shall be void and deposit will be returned should the condition of the scooter change or be found by a reputable 3rd party to be inaccurately or deceptively described" Nothing should be so black and white.

Also have it notarized or witnessed at least once or its worthless....

Great advice...

Thanks

[danno711]

Ok...I've revised it....Depicted by the red lettering.

NON-REFUNDABLE DEPOSIT AGREEMENT
I, ___________________________ (print name), hereinafter referred to as
“Buyer,” agree to pay the amount of $_____________ as a NON-REFUNDABLE
DEPOSIT toward the purchase of a scooter, to be sold AS IS, and acknowledging the representation to be accurate, to the Buyer, _______________________(print name) hereinafter known as “Seller,” owner of said vehicle.

VIN #/Make/Model:____________________________________________ ________

Seller hereby agrees in consideration of payment of said NON-REFUNDABLE
DEPOSIT to withdraw said scooter from the market until the above purchase of said scooter has been completed, and upon receipt of the remaining amount due for the purchase by the Buyer.

Buyer understands, acknowledges, and agrees that if he fails to pay the Seller the remaining amount due, when it is due, for the purchase of said scooter, the NON-REFUNDABLE DEPOSIT shall be forfeited. Buyer understands and agrees never to dispute representation of said scooter, sold AS IS, without any kind of warranty.

The seller understands, acknowledges, and agrees that if the condition of the scooter changes from the date of the deposit and the date the balance is due, or if the said scooter is found by a reputable 3rd party to be inaccurately or deceptively described by the seller, than the agreement shall be void and deposit will be returned to said buyer.

A series of photo's that capture the entire bike is to be included.

Purchase Price of said scooter Vin # ____________________

Deposit Amount for said vehicle ________________________

Balance Due ________________________________________

Date balance is to be received by: _____________________________
If balance is not received by the above date, the buyer forfeits the deposit.



Agreement by Buyer:

__________________________________________________ ________
(Print name/Signature/date)


Agreement by Seller

__________________________________________________ ____________
(Print name/Signature/date)

__________________________________________________ ____________
Notary Signature

[Elderdan09]

Hi Danno, The Notary line should include a page number (where it is recorded in their book) and date/time and room for the notary impression.

Other than that, it looks real good.

[prodigit]

I'm actually in the market for selling one of my scoots..
I'm not for a deposit; but everything cash now, and no problems later!
How would you do that?

[scootnwinn]

with a bill of sale...

[Phillips]

Excellent information here, thanks for sharing it. Now I am looking to buy from a stranger I will definitely use this. I'm not sure I would be comfortable if the seller (or buyer) was a friend.

[SpunN]

That's actually great here in CA. A ton of car/trucks/bikes get sold and the buyer try's to back out or something goes bad. Most person to person sales have no backup.

[Bob Shaw]

I bought a used Honda scooter in Florida, and had the seller fill-out and sign a Bill of Sale I printed off from a web-site. When I went to register it, the title clerk wanted more information and there was a problem with the mileage and how the seler signed the title. Having the information and signature on the Bill of Sale suficed for what she needed, and saved the day. Since the guy I bought it from was selling from a business he was closing, finding him and getting him to correct the bad info would have been a real problem.

[oldscoot]

The concept is a good one, but some of it is a bit confusing. Examples:
1.If you keep the language in red, you should not call it a "non-refundable" agreement.
2. "As is"means what it says notwithstanding the representations of the seller. The buyer must use due diligence and not depend upon what the seller says. It's also very difficult, if not impossible, to incorporate oral representations into a written agreement.
3. What do you mean by "acknowledging the representation to be accurate?" There are no representations in an "as is" sale because if there are representations, it is not "as is" but as the seller represents it to be.
4. Get rid of all the "saids". They are a carry over from when lawyers used to get paid by the word for an agreement.

I agree that some kind of an agreement is a good thing to have in this type of a transaction. Thanks for making us think about it.
Peace,

[ScooterGirl]

I think it is absolutely necessary to get it in writing, especially if the seller seems shady or irresponsible. I will never sell or purchase a scooter without a written agreement first.

[Irish]

When I lived in N.H. , I sold a lot of Bikes that I built from many parts of many Bikes I used to make out Two Bills of Sale-One for me & one for the buyer! Also Beware-Many States do not recognize a "as is" agreement! Irish
P.S. Two of them gives YOU a record!
Just my $.02.