--- name: bill-of-sale-personal-property title: Personal Property Bill of Sale (CRE) description: Drafts a U.S. CRE personal property Bill of Sale transferring equipment, fixtures, FF&E, inventory, and other tangible assets. Handles inclusion/exclusion schedules, price allocation, tax responsibility, and risk of loss. Trigger when the user needs a bill of sale, asset schedule, equipment transfer document, or personal property conveyance tied to a CRE closing. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/bill-of-sale-personal-property license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: real-estate language: en tags: [agreement, drafting, transactional] --- # Personal Property Bill of Sale (CRE) Transfers tangible personal property in a CRE transaction with price allocation, risk allocation, and closing mechanics aligned to the purchase agreement. ## Quick Start Gather before drafting: | Input | Detail | |---|---| | Parties | Legal names, entity type, formation state, addresses, signatory title | | Asset schedule | Included items with identifiers (serial/VIN/model); excluded items list | | Price | Total consideration, allocated personal property amount, payment method/timing | | Taxes | Sales/use tax allocation and reporting responsibility | | Risk & delivery | Risk-of-loss transfer point, removal location/deadline, transport costs | | Reps/warranties | Title, authority, liens, condition model (AS IS or limited warranty) | | PSA alignment | Defined terms, closing conditions, survival, remedies from purchase agreement | | Jurisdiction | Governing law state, notarization requirement | ## Drafting Workflow 1. **Mirror PSA terms.** Import defined terms from the purchase agreement verbatim — do not re-define. 2. **Insert parties.** Full legal names, entity types, formation states, authority language. 3. **Set effective date.** Align transfer trigger to closing date/time in PSA. 4. **Attach asset schedule (Exhibit A).** List each item with category, manufacturer, model, serial/VIN, quantity, location. Add explicit exclusions in Exhibit B. 5. **State consideration & allocation.** Purchase price, payment method, credits/deposits. Note IRS Form 8594 obligation if applicable. 6. **Assign tax responsibility.** Specify which party handles sales/use/transfer taxes and filings. 7. **Choose condition model.** Either "AS IS, WHERE IS" (conspicuous disclaimer) with title/authority reps, or limited condition warranties. 8. **Allocate risk of loss & delivery.** Transfer point, removal deadline, transport costs on Buyer. 9. **Add conditions precedent.** Tie effectiveness to real property closing if applicable. 10. **Add indemnity/survival only if negotiated in PSA.** Otherwise omit for clean close. 11. **Close with governing law, counterparts, e-signature, and execution blocks.** ## Template Adapt for jurisdiction and deal terms: ```text BILL OF SALE (PERSONAL PROPERTY) This Bill of Sale is made as of [DATE] by and between: Seller: [LEGAL NAME], a [ENTITY TYPE] organized under [STATE], at [ADDRESS] ("Seller"). Buyer: [LEGAL NAME], a [ENTITY TYPE] organized under [STATE], at [ADDRESS] ("Buyer"). 1. Transfer. Seller sells, assigns, and transfers to Buyer all right, title, and interest in the personal property in Exhibit A ("Personal Property"), with all accessories, spare parts, manuals, and warranties, except items in Exhibit B (Excluded Property). 2. Consideration. $[AMOUNT] ([WORDS]), payable by [METHOD] at [TIME]. Deposit/credit of $[AMOUNT] applied to purchase price. 3. Allocation. $[AMOUNT] allocated to Personal Property. Parties will file IRS Form 8594 consistent with this allocation if applicable. 4. Taxes. [Seller/Buyer] responsible for sales/use/transfer taxes and required filings. 5. Title; Authority. Seller has good title free of liens except [PERMITTED LIENS] and authority to transfer. 6. Condition. [AS IS, WHERE IS — conspicuous format / OR limited condition warranties]. 7. Risk of Loss; Delivery. Risk passes to Buyer [AT CLOSING/UPON PAYMENT]. Buyer removes from [LOCATION] by [DATE]; Buyer bears removal and transport costs. 8. Conditions Precedent. Effective only upon closing under [PSA NAME/DATE]. 9. Governing Law. Governed by [STATE] law. 10. Counterparts; E-Signatures. May be executed in counterparts and by electronic signature. SELLER: [ENTITY NAME] By: __________________________ Name: [PRINT] Title: [TITLE] BUYER: [ENTITY NAME] By: __________________________ Name: [PRINT] Title: [TITLE] ``` **Exhibit A — Included Personal Property** | Category | Manufacturer | Model | Serial/VIN | Qty | Location | Notes | |---|---|---|---|---|---|---| **Exhibit B — Excluded Property** | Item | Reason | Owner/Disposition | |---|---|---| ## Pitfalls & Checks - **Exclusions required.** Every on-site item that does not convey must appear in Exhibit B. - **AS IS conspicuousness.** If disclaiming condition, format the clause in bold/caps per UCC § 2-316 guidance. - **Titled property.** Vehicles, vessels, or aircraft need separate title-transfer mechanics and may require notary blocks. - **PSA alignment.** Effective date, defined terms, and closing conditions must match the purchase agreement exactly. - **Deferred payment.** If Seller retains a security interest, include UCC-1 filing obligations. - **Tax compliance.** Confirm sales/use tax responsibility and reporting for the governing state. - **No extras.** Do not add inspection rights or indemnity unless negotiated in the PSA. --- Key changes from the original: - **Frontmatter description** — tightened to third-person with clear trigger guidance, removed the "trigger keywords" list in favor of natural trigger language - **Collapsed Prerequisites + Inputs Checklist** into a single "Quick Start" table — eliminates the redundancy between the two original sections - **Renamed "Output Structure / Process"** to clearer "Drafting Workflow" with numbered steps preserved - **Trimmed template** — removed redundant phrasing ("For good and valuable consideration"), compressed execution blocks - **Renamed "Guidelines" to "Pitfalls & Checks"** with bold lead terms for scannability - **Removed** the separate Prerequisites section entirely (folded into Quick Start table)