The transfer of ownership of a boat can occur in one of a few ways including signing over the title, a New York Boat Bill of Sale, or a dealers invoice. When purchasing a used boat, the seller will need to sign over the title to the buyer (if the boat is titled) and complete a proper bill of sale documenting the sales price, date, parties information, hull identification number as well as other vehicle details. When purchasing a new boat, the dealers invoice will act as the bill of sale when applying for registration.
What if the Title isn’t Available?
Boats are considered recreational vehicles and often don’t require the same titling and registration requirements as a motor vehicle. Depending on the state, the seller may not be required to title the boat or register it if it meets certain criteria. In that scenario, the only method of ownership transfer is through a New York Boat Bill of Sale. Always review your states applicable boat title and registration rules before initiating a purchase to be sure you are receive the correct documents to register the vehicle and prove ownership.
Before making any purchase where a title or current boat registration are not filed with your state’s Department of Natural Resources (DNR), we suggest you check the boat’s hull identification number with your local police department to see if it’s been reported as stolen.
What Makes a Bill of Sale?
When deciding on which Boat Bill of Sale it is critical to look for certain criteria in the document itself, to be sure it is valid and binding. This includes:
Clear Buyer and Seller Information – If contested, a court will generally look to the title and the bill of sale for determining ownership. If the seller or buyers information is not clear, a judge may have difficultly interpreting who owns the Boat. It is also crucial when registering the vehicle. Registering the vehicle will require both the title be signed and also a bill of sale documenting the purchase agreement.
The Offer – There must be a clear offer made by the seller which the buyer is accepting. Ambiguity will only make it more difficult when determining whether a contract is valid. You want a Boat Bill of Sale that clearly spells out the year, make, model, mileage, condition and description of the vehicle.
An Exchange of Funds – In exchange for the Boat, money is typically given to the seller. An effective bill of sale will include a clear itemization of the sale price using both numeric and written dollar amounts.
Competent Parties – Both parties entering in the agreement must be of sound mind and body. Typically this prevents child or persons with mental handicaps from entering in a contract that they may not understand. It can also be sometimes extended (based on your jurisdiction) to persons under the influence of alcohol or drugs. Persons under duress may also not be consider competent.
Can’t Break The Law – Generally, a valid contract can’t break the law. An agreement to split the funds from a bank robbery would be void as it violates public policy.
New York Boat Bill of Sale Template
Below is our generic Boat Bill of Sale Template that can be used for any county in New York.
Common Asked Questions/FAQ
What if the seller doesn’t have the title?
In the event that the boat was titled and the original title is not available, you can still purchase the Boat with a bill of sale. The seller can apply for a replacement title with the Registration office and sign over to you. If no title existed, then the Bill of Sale will act as proof of ownership to get the registration transferred to your name.
Can we e-sign the bill of sale?
It depends on your state. We suggest you check your local state laws regarding the validity of electronic signatures.
What to do with the bill of sale?
Whether you are the buyer or seller it is always a good idea to save a copy for your records. If you have a scanner, make a digital copy of the document. If not, take a picture of the document and email it to yourself.
Does the bill of sale need to be notarized?
It depends on your state. We suggest you check your local state laws regarding notarizing signatures on a contract. As a general rule of thumb, it doesn’t hurt to get the bill of sale notarized even if it doesn’t need to be by law.