If you have ever bought or sold a vehicle, a boat, or personal property tied to land in New York, you have likely encountered the phrase “bill of sale.” Everyone assumes it is straightforward, until the DMV clerk slides it back and says, “This needs a notary.”
As a New York State Remote Online Notary, I see bills of sale in my virtual chamber on a near-weekly basis. The truth is, New York’s requirements are not one-size-fits-all. Whether you are transferring a car, a boat, or personal property associated with land, the rules differ depending on what you are selling and whether the state or a county recorder needs to see it.
Let us walk through everything you need to know about bill of sale notarization in New York State.
What Is a Bill of Sale?
A bill of sale is a written document that records the transfer of ownership of personal property from a seller to a buyer. It serves as proof of the transaction, documenting the identities of both parties, a description of the item sold, the agreed-upon purchase price, and the date of the sale.
At its core, a bill of sale establishes two things: who owns what, and when the transfer occurred. That may sound simple, but those two facts carry enormous weight in the eyes of the DMV, the Department of Taxation and Finance, county recorders, and even the courts.
It is important to distinguish a bill of sale from a deed. In New York, real property – the land itself and anything permanently attached to it – transfers via a deed, most commonly a bargain and sale deed or a quitclaim deed. A bill of sale, by contrast, is used for personal property: movable items that are not affixed to the land. The line between the two can blur when it comes to things like timber, standing crops, minerals, or removable fixtures, which we will explore later in this article.
Bills of Sale for Motor Vehicles in New York
New York is unique among many states in how it handles vehicle transfers. Let us break down the requirements so you know exactly what to expect.
Does New York Require a Bill of Sale for a Vehicle?
Technically, New York does not mandate a standalone bill of sale for every vehicle transaction. The state has its own official form – the MV-912, titled “Vehicle Bill of Sale” – which can be used to document a private-party sale or a gift. However, the MV-912 is not always required. In many cases, the odometer disclosure and seller’s assignment on the back of the Certificate of Title, combined with the DTF-802 (Statement of Transaction for Sales Tax), serve as sufficient proof of the sale.
That said, I recommend completing an MV-912 or a comparable bill of sale for every private-party vehicle transaction. Why? Because it creates a clear, standalone record of the sale price, the odometer reading, and the date of transfer. If the Department of Taxation and Finance questions the reported purchase price on your DTF-802, a signed bill of sale is your best defense. Both buyer and seller should retain a copy for their records, and many practitioners recommend keeping it for at least five years.
What Must a Vehicle Bill of Sale Include?
Whether you use the official MV-912 or a well-drafted custom form, your vehicle bill of sale should include the following:
- The full legal names and current addresses of both the seller and the buyer
- The year, make, model, and Vehicle Identification Number (VIN) of the vehicle
- The odometer reading at the time of sale (federally required for vehicles less than 20 model-years old)
- The sale price or the notation “gift” if the vehicle is being transferred without consideration
- The date of the transaction
- Signatures of both the seller and the buyer
If the vehicle has an outstanding lien, the bill of sale should note that fact and identify the lienholder. The lien must be released before the title can transfer cleanly.
Is Notarization Required for a Vehicle Bill of Sale in New York?
Here is where New York gets interesting. The state does not strictly require the MV-912 bill of sale itself to be notarized. However, the seller’s signature on the back of the Certificate of Title must be notarized – provided the title form includes a notary acknowledgment block, and many New York titles do. The New York DMV will reject a title transfer application if that notary section is present but left incomplete.
Some older or out-of-state title forms may not include a notary block. In those cases, notarization is not enforced. The best approach is to look at the back of the title: if there is a space for a notary’s signature, seal, and commission expiration date, have it notarized before heading to the DMV.
This means that while the bill of sale and the title are two separate documents, the notarization requirement on the title effectively makes notarization a part of the vehicle transfer process. In practice, when a seller comes to me to have the title assignment notarized, I often notarize the bill of sale at the same sitting. It is an extra layer of protection that costs nothing and can save both parties significant headaches down the road.
For remote online notarization, the seller appears before me via a approved RON platform, presents valid identification, and signs the title assignment and the bill of sale while I record the session. The electronic notarial certificate and the ten-year audio-video recording provide a robust chain of custody for the transaction.
Sales Tax and the DTF-802
When the buyer registers the vehicle, sales tax is due. The base state rate is four percent, and county and city taxes bring the total to between seven and eight and seven-eighths percent depending on the buyer’s county of residence. The buyer completes Form DTF-802 to declare the purchase price, and the DMV calculates the tax.
A properly completed bill of sale is your strongest evidence that the declared price reflects the actual transaction. If the reported sale price is significantly lower than the vehicle’s book value, the DMV may reassess the tax using Kelley Blue Book or NADA data.
Deadlines and Common Mistakes
The buyer must visit a DMV office within ten days of the purchase to register the vehicle and pay the applicable fees. The title certificate fee is fifty dollars. Missing the ten-day window can result in fines and exposure to moving violation tickets in the seller’s name.
Common mistakes I see include:
- The seller signing the title without notarization when the title includes a notary block – the DMV will reject the application and require a corrected, notarized title
- The buyer forgetting to bring Form DTF-802, which means sales tax cannot be calculated on the spot
- Underreporting the sale price to reduce tax, which triggers a DMV reassessment
- The seller failing to remove the license plates – in New York, plates stay with the seller, not the vehicle
- Using white-out or making alterations on the title, which voids it and forces the seller to request a duplicate via Form MV-902
Bills of Sale for Boats in New York
Boats present a different set of requirements than cars and trucks. New York treats boats as distinct vehicles with their own registration and titling process, and the documentation reflects that.
Does New York Require a Bill of Sale for a Boat?
Yes. New York requires a bill of sale for private-party boat sales. The signed document is needed to complete the title transfer and registration at the DMV. The bill of sale should include the Hull Identification Number (HIN) rather than a VIN, along with the boat’s year, make, model, color, sale price, sale date, and the full names and addresses of both the buyer and the seller.
For boats that were purchased used and have never been registered in New York or another state, the DMV requires both a Manufacturer’s Certificate of Origin and a bill of sale that includes all of the details listed above. This requirement is outlined in the official MV-82.1B registration guide published by the New York DMV.
Boat Titling Eligibility
Not every boat in New York needs a title. The state generally requires titling for motorized vessels built after 1986 that exceed certain length thresholds. Older boats, motorless canoes and kayaks, and very small vessels may only need registration without a certificate of title. The MV-82.1B registration guide from the DMV outlines which vessels fall into each category. When in doubt, bring the bill of sale and HIN documentation to the DMV and let the agent determine whether a title is required.
Boat owners use Form MV-82B, the Boat Registration/Title Application, to register and title their vessels. The application is submitted to a DMV office along with the signed title from the seller, the bill of sale, and applicable fees.
The title transfer fee is fifty dollars. Registration fees are calculated based on boat length and are valid for three years. Sales tax applies at the standard rate of four percent state tax plus applicable local rates.
Is Notarization Required for a Boat Bill of Sale?
New York does not strictly require the boat bill of sale itself to be notarized. However, as with vehicles, the seller’s endorsement on the back of the boat certificate of title may need to be notarized depending on the circumstances. If the title includes a notary acknowledgment block – and many do – the DMV expects that signature to be notarized before it will process the transfer.
Vessels documented with the United States Coast Guard, typically those over twenty-six feet in length, follow a separate federal documentation system rather than the state title process. Transfers of USCG-documented vessels use a federal Certificate of Documentation and are governed by Title 46 of the Code of Federal Regulations, Part 67. Even in those cases, a notarized bill of sale is considered best practice and is sometimes required by the Coast Guard National Vessel Documentation Center.
Engine Hours and Odometer Disclosure
Unlike motor vehicles, boats are exempt from federal odometer disclosure requirements. There is no mileage or engine-hour disclosure mandate. Nevertheless, documenting the current engine hours on the bill of sale is considered best practice and provides useful information for the buyer regarding the vessel’s condition and maintenance history.
Bills of Sale for Land and Personal Property Tied to Land in New York
When most people think of transferring land in New York, they think of deeds. And they are right – the transfer of real property is accomplished through a deed, typically a bargain and sale deed or a quitclaim deed, which must be notarized and recorded with the county clerk’s office where the property is located.
But what about the things on the land that are not the land itself?
Personal Property Versus Real Property
New York law draws a clear distinction between real property and personal property. Real property includes the land and anything permanently attached to it – the house, the foundation, built-in fixtures, and so on. Personal property refers to movable items that are not affixed to the land.
A bill of sale is the proper instrument for transferring personal property. When a real estate transaction involves the sale of personal property alongside the land – such as appliances, window treatments, outdoor furniture, or a separate piece of equipment – those items are transferred by bill of sale, not by deed.
Timber, Crops, and Minerals
In New York, standing timber, growing crops, and mineral rights can be sold separately from the land itself. When a landowner sells standing timber to a logging company, for example, the transaction is a sale of personal property, and a bill of sale is the appropriate document. The same applies to the sale of a harvested crop or the conveyance of mineral extraction rights that are structured as a personal property transaction rather than a lease or easement.
These bills of sale are often notarized because they may be recorded alongside the deed in the county land records, or because the buyer’s lender requires a notarized document before releasing funds. A notarized acknowledgment on a timber or crop bill of sale provides the same public notice and fraud-prevention benefits as a notarized deed.
Fixtures and Removable Items
The line between a fixture and personal property can be surprisingly blurry. A chandelier bolted to the ceiling is generally considered a fixture and passes with the deed. A freestanding bookshelf is personal property and requires a bill of sale if it is being transferred as part of the transaction.
In practice, many real estate contracts in New York include a line item or an addendum that lists which personal property items are included in the sale. For larger or more valuable items – such as a hot tub, a solar panel system, or agricultural equipment – a separate bill of sale is often drafted and notarized to ensure clarity and to satisfy the requirements of the buyer’s mortgage lender or title insurance company.
Recording a Bill of Sale with the County Clerk
While bills of sale for personal property are not routinely recorded, there are situations in which recording is advisable or even required. If the personal property being sold is tied to the land in a way that affects future ownership – such as irrigation equipment, solar panels, or embedded utility infrastructure – recording the bill of sale in the county land records provides constructive notice to any subsequent purchaser or lender.
A recorded bill of sale must be notarized. The county clerk will not accept an unnotarized document for recording. The notarial certificate serves as proof that the signer appeared before a notary public, presented satisfactory identification, and acknowledged the document as their own free act and deed.
Why Notarize a Bill of Sale in New York?
Even when the law does not strictly require it, notarizing a bill of sale is one of the most cost-effective risk-management steps you can take. Here is why:
- Fraud prevention. A notarized signature means the signer appeared before an impartial official, presented government-issued identification, and acknowledged the document. That makes it significantly harder for someone to later claim the signature was forged or that they signed under duress.
- Third-party acceptance. Banks, DMV offices, insurance companies, and title agents are far more likely to accept a notarized bill of sale without question. An unnotarized document may trigger additional verification requests, delays, or even rejection.
- Public record readiness. If the bill of sale is ever recorded – with a county clerk, a tax assessor, or a federal agency – notarization is typically a prerequisite. Getting it done upfront saves time and expense later.
- Legal enforceability. A notarized bill of sale carries greater evidentiary weight in court. If a dispute arises over ownership, purchase price, or the date of transfer, a notarized document is harder to challenge than a plain signed paper.
Remote Online Notarization for Bills of Sale
New York was an early adopter of Remote Online Notarization, and RON has become the default method for many of my clients. The process is straightforward:
- The signer books a RON appointment.
- On the scheduled date, the signer joins a secure video session through an approved RON platform.
- The signer presents a government-issued photo identification, which your notary analyzes for authenticity using credential analysis technology.
- The signer may be asked knowledge-based verification questions to further confirm identity.
- The signer reads and acknowledges the bill of sale, then applies an electronic signature while the session is audio-video recorded.
- Your notary applies their electronic notarial seal and signature to the document.
- The completed document is delivered to the signer and, if needed, to the buyer or the relevant agency.
- The audio-video recording is retained for a minimum of ten years, as required by New York State law.
The RON fee in New York is twenty-five dollars per notarial act, compared to two dollars for an in-person acknowledgment or oath. For clients who value the convenience of not having to travel to a physical office, and for transactions involving parties in different counties, RON is often the most practical choice.
Common Mistakes to Avoid
- Leaving fields blank. Every field on the bill of sale should be completed. If a field does not apply, write “N/A” rather than leaving it empty. Blank fields invite questions and can cause the document to be rejected.
- Inconsistent names. The name on the bill of sale must match the name on the title, the identification, and any other supporting documents. Even a middle initial discrepancy can create problems.
- Missing signatures. Both the seller and the buyer should sign the bill of sale. A seller-only signature is less useful as evidence of an agreed-upon transaction.
- Wrong date. The date on the bill of sale should reflect the actual date of the transaction, not the date the document was drafted or the date it was notarized.
- Underreporting the price. As mentioned earlier, declaring a sale price that is too low can trigger a tax reassessment by the DMV. It is always better to report the true agreed-upon price.
- Confusing the bill of sale with the title. The bill of sale and the Certificate of Title are two different documents. The title transfers legal ownership of the vehicle or vessel, while the bill of sale documents the financial terms and serves as proof of the transaction. Both may be needed.
Frequently Asked Questions
Does every bill of sale in New York need to be notarized?
Not every bill of sale strictly requires notarization under New York law. However, if the bill of sale supports a DMV title transfer for a vehicle, the seller’s signature on the title itself must be notarized – provided the title form includes a notary acknowledgment block. Most current New York titles have one, but older or out-of-state titles may not. For boats, notarization of the title endorsement is commonly expected. For personal property tied to land, notarization is required if the document will be recorded with the county clerk. In all cases, notarization is a best practice that adds credibility and reduces the risk of future disputes.
Can I use a custom bill of sale or do I need the official form?
New York provides official forms such as the MV-912 for vehicles and the MV-82B for boats, but a well-drafted custom bill of sale is perfectly acceptable as long as it includes all the required information: the parties’ names and addresses, a description of the item, the sale price, the date, and signatures. The official forms are simply a convenience.
How long should I keep a bill of sale?
Both the buyer and the seller should retain a copy of the signed bill of sale for at least five years. In the case of high-value transactions, such as the sale of a collectible vehicle or a piece of valuable personal property, keeping the bill of sale indefinitely is advisable.
How long does it take to receive a new title in New York?
After the buyer submits the transfer application at the DMV, the new certificate of title is typically mailed within approximately 90 days. This is a well-known delay and something buyers should plan for, especially if they intend to sell or refinance the vehicle within a short timeframe.
What is the fee for a notarial act in New York?
For in-person notarizations, the maximum fee for an acknowledgment or a jurat is two dollars per signer under Executive Law Section 136. For Remote Online Notarization, the maximum fee is twenty-five dollars per notarial act under Executive Law Section 135-c.
Can a bill of sale be notarized remotely in New York?
Yes. New York has permitted Remote Online Notarization since 2019, and the statute was made permanent in subsequent legislation. As long as the signer is physically present in New York State at the time of the RON session and uses an approved RON technology platform, the notarization is valid and carries the same legal weight as an in-person notarial act.
Final Thoughts
A bill of sale is more than a formality. It is the paper trail that connects a seller to a buyer, a price to an item, and a date to a transfer of ownership. In New York State, the requirements vary depending on what you are selling – a car, a boat, or personal property tied to land – but the underlying principle is the same: document the transaction clearly, sign it in the presence of a notary, and keep a copy for your records.
If you are preparing to buy or sell any of these items and need a notary to complete the process, I am here to help. Whether you prefer to meet in person at a DMV office or complete the notarization from the comfort of your own home through Remote Online Notarization, the goal is the same: a smooth, properly documented transaction that holds up long after the handshake is over.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. New York State laws and DMV requirements are subject to change. For guidance specific to your transaction, consult a licensed attorney or contact the New York State Department of Motor Vehicles directly.