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Car Sale Agreement
I need a car sale agreement for a used vehicle transaction between private parties, including details on the vehicle's condition, sale price, and payment terms. The agreement should also specify the transfer of ownership and any warranties or "as-is" clauses.
What is a Car Sale Agreement?
A Car Sale Agreement is a legally binding contract that documents the transfer of vehicle ownership between a seller and buyer in Indonesia. It spells out the essential details like the car's specifications, agreed price, payment terms, and both parties' responsibilities under Indonesian civil law.
Beyond protecting both sides legally, this agreement helps prevent future disputes and serves as proof of ownership transfer for registration with the local Samsat office. It typically includes the vehicle's BPKB (ownership book) details, STNK (registration), and any warranties or special conditions that apply to the sale, making it a crucial document for both private and commercial vehicle transactions.
When should you use a Car Sale Agreement?
Use a Car Sale Agreement anytime you're buying or selling a vehicle in Indonesia, even when dealing with friends or family members. This document becomes especially important for used car transactions, where both parties need clear protection against future claims or disputes about the vehicle's condition, payment terms, or ownership status.
It's essential to have this agreement in place before transferring any money or handing over the vehicle's BPKB and STNK documents. Many Indonesian buyers and sellers create this agreement during their first serious meeting, after inspecting the car but before finalizing the deal. This timing allows both parties to negotiate and document any specific conditions or warranties.
What are the different types of Car Sale Agreement?
- Car Dealer Sales Contract Form: Standard dealership agreement with comprehensive warranties and dealer obligations
- Vehicle Sale Contract With Payments: Includes installment payment terms and collateral arrangements
- Car Dealer Contract: Focuses on new vehicle sales with manufacturer warranty provisions
- Auto Sale Contract With Payments: Detailed financing terms for private party sales
- Auto Purchase Agreement Form: Simplified version for straightforward cash transactions between private parties
Who should typically use a Car Sale Agreement?
- Private Sellers and Buyers: Individual vehicle owners and purchasers who need to document their transaction legally
- Car Dealerships: New and used car dealers who regularly handle vehicle transfers and need standardized agreements
- Banks and Finance Companies: Lenders who require documentation for vehicle financing and secured transactions
- Legal Representatives: Lawyers and notaries who draft, review, and validate these agreements
- Government Officials: Samsat officers who process ownership transfers and vehicle registration based on these documents
- Insurance Companies: Providers who need proof of ownership and sale details for coverage policies
How do you write a Car Sale Agreement?
- Vehicle Details: Gather complete car information including make, model, year, VIN/chassis number, license plate, and current odometer reading
- Ownership Documents: Prepare copies of BPKB, STNK, and service history records
- Party Information: Collect valid ID cards (KTP) and contact details for both buyer and seller
- Payment Terms: Document the agreed price, payment method, and any installment arrangements
- Conditions: List any warranties, known defects, or special terms of the sale
- Verification: Check vehicle against police records for liens or legal issues
- Documentation: Take photos of the vehicle's condition and prepare receipt templates
What should be included in a Car Sale Agreement?
- Party Details: Full names, KTP numbers, and addresses of buyer and seller
- Vehicle Description: Complete specifications, VIN/chassis number, license plate, and current mileage
- Purchase Terms: Sale price, payment method, and delivery details
- Warranties: Explicit statements about vehicle condition and any guarantees provided
- Transfer Terms: Process and timeline for BPKB and STNK handover
- Liability Clauses: Risk transfer point and responsibility for taxes/fees
- Dispute Resolution: Agreed method for handling conflicts under Indonesian law
- Signatures: Dated signatures of both parties and witnesses
What's the difference between a Car Sale Agreement and a Vehicle Sale Agreement?
A Car Sale Agreement is often confused with a Vehicle Sale Agreement, but there are important differences in their scope and application under Indonesian law. While both documents facilitate ownership transfer, they serve distinct purposes and situations.
- Scope of Coverage: Car Sale Agreements specifically focus on automobiles and include car-specific details like STNK/BPKB numbers, while Vehicle Sale Agreements cover all motor vehicles including motorcycles, trucks, and commercial vehicles
- Documentation Requirements: Car Sale Agreements must include specific Indonesian car registration details and dealer certification when applicable, whereas Vehicle Sale Agreements have broader documentation requirements
- Warranty Terms: Car Sale Agreements typically include detailed manufacturer warranties and service agreements, while Vehicle Sale Agreements often have more basic warranty provisions
- Regulatory Compliance: Car Sale Agreements must meet specific requirements from Indonesian automotive regulators, while Vehicle Sale Agreements follow more general transport authority guidelines
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