Acte de vente | FerrariChat

Acte de vente

Discussion in 'France' started by riccardone, Mar 4, 2017.

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  1. riccardone

    riccardone Karting

    May 24, 2015
    143
    I'm looking for help drafting a bill of sale (which I believe translates into acte de vente) for a potential purchase of a car (not a Ferrari) in France from a private party.

    If there is an official form or anyone has boilerplate languagr that they feel is adequate under french law that they would like to share, that would be great!
     
  2. LVP488

    LVP488 F1 Rookie

    Jan 21, 2017
    4,839
    France
    There is the official form for the transfer of property, which is needed by the new owner to register the car with his name: https://www.service-public.fr/particuliers/vosdroits/R20300
    This does not include any contractual clause though, so a separate contract may be established in addition (it's typically the case when the seller is a professional, but not common when the seller is a private owner).
     
  3. riccardone

    riccardone Karting

    May 24, 2015
    143
    Thanks, so if you were buying from a private French owner for importing the car in the US, would you still use that form?
     
  4. bertrand328

    bertrand328 Formula 3

    Jun 1, 2015
    1,474
    France
    Full Name:
    Bertrand
  5. nerofer

    nerofer F1 World Champ

    Mar 26, 2011
    11,968
    FRANCE
    The aforementioned form is the one used in France to make a lawful transaction from the French department of road registration perspective, so as the French administration knows at any time what happened to the said vehicle (and its registration number). Most of the time, it is considered "sufficent" for a sale between two persons here for a "standard" vehicle such as your Daily Driver: the transaction is properly recorded from an administrative point of view, but you will notice that no price is mentioned anywhere on it (= there is not "box" for writing any price anywhere on that form), so it not a sale's act in a true sense.
    As no price is recorded on it, it cannot be considered as a true contract or sale's act in itself however, and should you want to secure a sale of a vehicle with a "substancial" price, having a separate act mentioning the vehicle price paid between buyer and seller (and the means used to pay, dates, etc...) would be better.
    I don't know how the US Customs work, but they would probably ask you how much you did pay for the car, so the french form would not be helpful in that regard, as it does not mention the price paid anywhere; the seller would have to use this form to inform the french road-registration department of the whereabouts of the car, but I don't think it would be sufficent from the US Customs point of view...

    Rgds
     
  6. riccardone

    riccardone Karting

    May 24, 2015
    143
    Many thanks - you articulated exactly what I'm trying to achieve: a form that I can use for US customs but also a document that governs the terms of the sale between the seller and myself, which would be valid under french law in case of a dispute.
     
  7. nerofer

    nerofer F1 World Champ

    Mar 26, 2011
    11,968
    FRANCE
    Fine: I know understand what you are trying to obtain. To the best of my knowledge, there is not one set of prerequisite words, not one "sole and unique" form that could satisfy your needs, although there are many suggestions available, such as this one, for instance:

    http://ww2.autoscout24.fr/as24_service_contract.pdf

    However, you will notice that it is intended to serve between a french seller and a french buyer, so is written in french. But it has a box for price, a few "reps and warranties", etc...
    I don't know if the US Customs would accept it as "suffcient", however...

    Rgds
     
  8. riccardone

    riccardone Karting

    May 24, 2015
    143
    Thanks a lot - at least it will help for the sale transaction. I'll ask a customs broker about what other paper is needed.

    Sent from my ONEPLUS A3000 using Tapatalk
     
  9. Candide

    Candide Formula 3

    Apr 6, 2017
    1,472
    Monaco
    You need the main thing : the Certificate of situation.

    In other terms, the proof that the Owner can sell the car and that it is free of any pledge.
     
  10. Candide

    Candide Formula 3

    Apr 6, 2017
    1,472
    Monaco

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