by Brette Sember, J.D.
updated August 24, 2020 · 2 min read
See full version: How to Get a Title for a Boat with a Bill of Sale
by Brette Sember, J.D.
updated August 24, 2020 · 2 min read
Do not confuse a bill of sale with a notice of sale. A notice of sale is a document used in real property to give notice of default proceedings.
A warranty on a boat sale is a promise by the seller that the title to the boat is clear and that there are no existing outstanding claims against the boat (such as a loan) at the time of the sale. A warranty gives the buyer protection so that if a claim should arise that existed before the sale, the seller will be liable for it, not the buyer.
A watercraft bill of sale is like a fleshed-out receipt. A receipt or invoice contains just the basics: purchase price, brief description, and date of sale.
A vessel bill of sale provides proof of the sale of a boat that is more detailed than a receipt. It includes the following information: here
Buying a boat means plenty of fun ahead. But before you can enjoy getting out on the water, you need to be sure the sale is handled legally. To do that, you will need a bill of sale from the seller. A bill of sale legally transfers ownership and also can provide important warranties about the boat itself.
Do not confuse a bill of sale with a notice of sale. A notice of sale is a document used in real property to give notice of default proceedings.
Boat and Motor Tax: [links]
Purchasing Used Vessels/Outboard Motors: DO NOT purchase a used vessel/boat or outboard motor without receiving an original title (signed on the front and back) along with a signed bill of sale from the person(s) listed on the title or from their legally documented representative. If a legal representative signs the title or bill of sale for the recorded owner(s), you must obtain a copy of the documentation authorizing the legal representative to act on behalf of the owner(s). Texas Parks and Wildlife is not authorized to register/title boat trailers, those are handled by the Texas Department of Motor Vehicles through your local County Tax offices.
Effective January 1, 2004, vessels documented by the U.S. Coast Guard are required to have state registration. more
TPWD is required by law to collect tax for vessels/boats (115 feet or less in length) and outboard motors purchased in Texas or brought into Texas on or after January 1, 2000. The tax rate is 6.25% of the sales price. Tax is assessed at the time of registration/title transfer and is due within 45 working days from the date of sale or date brought to Texas. Applications filed later than 45 working days are subject to tax penalties and interest. A signed bill of sale or invoice is required for every transfer of ownership. Trailers are handled through your local County Tax office and the price of the trailer must be separated from the price of the vessel/boat and motor. One of the following is acceptable to meet the bill of sale or invoice requirement: [links]
For more specific information and requirements for boating in Texas, please refer to the navigation links in the left column of this page.
1) Have the seller sign the title. Before you can have the title to your newly purchased boat transferred into your name, the seller must fill out the transfer section on the back of the title and sign it. If there is more than one name on the title, make sure all parties approve of the sale. here
2) Have the seller accompany you to the title office. In some areas, this is required, while in others you must mail in the application. In general, however, having the seller with you can help you avoid a horrible surprise if you find out there is some sort of problem with the title or the record of ownership for the boat. here
If there is space for a notary seal on the back of the title, that is an indication that the signature must be notarized. If you are unsure, you can call your state’s state licensing office to find out. When in doubt, get it notarized.
To complete the transfer of the title to the buyer, you must sign the back of the title below the transfer section.
3) Complete an application for a title. Gather the required documents, pay any taxes, and fill out the application for your state. In some states, you may have to do this in person with the seller. In others, you will mail in the application along with the supporting paperwork. [links]