Private Sale Agreement
The private sale agreement formalizes the transfer of a movable item (furniture, appliance, equipment, instrument, valuable object, etc.) from a seller to a buyer, outside any professional context. Even though it is not mandatory for everyday items, a written document is strongly advised as soon as the item has a certain value: it constitutes proof of the transaction, of the agreed price, and of the date of transfer of ownership, and protects both parties in the event of a later dispute. This template does not cover vehicles, which are subject to a specific transfer certificate. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The seller
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Frequently asked questions
Is a written document mandatory to sell between individuals?
No for low-value items, but it is strongly advised above 1,500 euros, the threshold above which a written document is required to prove the existence of the transaction. A written document sets the price, the condition of the item, and the date, and avoids disputes.
Is a private seller bound by any warranty?
Between individuals, the legal warranty of conformity (reserved for professional sellers) does not apply. However, the warranty against hidden defects (art. 1641 of the Code civil) does apply: the seller is liable for hidden defects that make the item unfit for its use, unless an exclusion clause is accepted by a non-professional buyer.
When does the buyer become the owner?
In principle, ownership is transferred as soon as there is agreement on the item and the price (article 1583 of the Code civil), even if the handover or payment takes place later. The agreement may, however, provide for transfer upon full payment or actual handover.
Must the sale be declared to the tax authorities?
The sale of a second-hand movable item between individuals is in principle exempt from tax. A capital-gains tax may apply to high-value items (precious metals, jewelry, art objects above certain thresholds). Seek advice for these particular cases.
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