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Deed Of Sale Car As Is Where Is Basis

Deed Of Sale Car As Is Where Is Basis Template for India

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Deed Of Sale Car As Is Where Is Basis

"I need a Deed of Sale Car As Is Where Is Basis for selling my 2020 Toyota Innova with existing engine problems to a private buyer, with a clear disclaimer about the known issues and a completion date of March 15, 2025."

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Document background
The Deed Of Sale Car As Is Where Is Basis is a crucial legal document used in India when transferring ownership of a used vehicle without any warranties or guarantees about its condition. This document is particularly important in situations where the seller wants to transfer the vehicle in its current state and avoid future liability for its condition. It's commonly used in distress sales, auction sales, company fleet disposals, or when selling vehicles that may need repairs or have known issues. The deed must comply with Indian legal requirements, particularly the Motor Vehicles Act 1988 and related state transport regulations. It includes detailed vehicle information, comprehensive disclaimers, and explicit acknowledgments from the buyer accepting the vehicle's condition. This type of deed is essential for protecting both parties' interests, especially the seller, by clearly documenting the "as is where is" nature of the sale.
Suggested Sections

1. Parties: Details of the seller and purchaser including full names, addresses, and ID proofs

2. Background: Brief context about the vehicle ownership and intention to sell on as-is-where-is basis

3. Definitions: Key terms used in the deed including 'as is where is basis', 'vehicle', 'completion date', etc

4. Subject Matter of Sale: Specific details about the vehicle being sold and confirmation of ownership

5. Consideration: Purchase price and payment terms

6. 'As Is Where Is' Declaration: Explicit statement that vehicle is sold in current condition with no warranties

7. Seller's Representations: Basic representations about ownership and authority to sell

8. Buyer's Acknowledgments: Buyer's confirmation of inspecting and accepting vehicle condition

9. Transfer of Ownership: Terms regarding transfer of title and registration

10. Completion Requirements: Documentation and procedures for completing the transfer

11. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Outstanding Loans: Required if there are any existing loans or encumbrances on the vehicle

2. Insurance Transfer: Include if existing insurance policy is being transferred

3. Third Party Claims: Include if there are any pending claims or disputes

4. Broker/Agent Details: Required if sale is through a broker or agent

5. Payment in Installments: Include if payment is not made in full at completion

6. Power of Attorney: Required if seller/buyer acting through attorney

Suggested Schedules

1. Schedule A - Vehicle Details: Comprehensive details including make, model, registration number, chassis number, engine number

2. Schedule B - Condition Report: Detailed report of vehicle condition, existing damage, and known issues

3. Schedule C - Service History: List of past services and maintenance records

4. Schedule D - Accessories List: Inventory of accessories and spare parts included in sale

5. Schedule E - Handover Checklist: List of documents and items to be handed over

6. Appendix 1 - Photographs: Current photographs of vehicle showing condition and any damage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Automotive

Transportation

Fleet Management

Used Car Retail

Insurance

Banking and Finance

Legal Services

Corporate Services

Asset Management

Automotive Leasing

Relevant Teams

Legal

Administration

Procurement

Fleet Management

Operations

Compliance

Risk Management

Asset Management

Sales

Document Control

Relevant Roles

Legal Counsel

Fleet Manager

Procurement Manager

Administrative Officer

Company Secretary

Compliance Officer

Asset Manager

Vehicle Sales Manager

Used Car Dealer

Transport Manager

Risk Manager

Operations Manager

Legal Document Specialist

Contract Administrator

Industries
The Motor Vehicles Act, 1988: Governs the registration, transfer, and ownership of motor vehicles in India. Sections 29-31 specifically deal with transfer of ownership and registration requirements.
The Sale of Goods Act, 1930: Regulates the sale of movable property including vehicles. Particularly relevant for conditions and warranties in sale contracts, though many will be excluded due to 'as is where is' basis.
The Indian Contract Act, 1872: Provides the fundamental principles of contract formation, including offer, acceptance, consideration, and capacity of parties to contract.
The Registration Act, 1908: While vehicle sale deeds don't mandatorily require registration, this Act is relevant if parties choose to register the document for additional security.
The Transfer of Property Act, 1882: Though primarily for immovable property, certain provisions relating to transfer of movable property and general principles of transfer are applicable.
The Consumer Protection Act, 2019: Relevant for including proper disclaimers and declarations regarding the 'as is where is' condition to prevent future consumer disputes.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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