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Private Car Sale Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that facilitates the private sale of a motor vehicle between two parties. This document outlines the terms and conditions of the sale, including vehicle details, purchase price, payment terms, and transfer of ownership requirements in accordance with Indonesian regulations. It incorporates necessary provisions under the Indonesian Civil Code and relevant transportation laws, ensuring compliance with local vehicle registration requirements and tax obligations. The contract includes warranties about the vehicle's condition and ownership status, while establishing clear responsibilities for both parties in the transaction.

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What is a Private Car Sale Contract?

The Private Car Sale Contract is a crucial legal document used in Indonesia for transferring ownership of a motor vehicle between private parties. This document is essential when conducting a private vehicle sale to ensure legal compliance and protect both parties' interests. It encompasses all necessary elements required under Indonesian law, including the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) and Law No. 22 of 2009 on Traffic and Road Transportation. The contract should be used whenever a private vehicle sale occurs, whether between individuals or involving a business selling a fleet vehicle. It includes comprehensive details about the vehicle, payment terms, warranties, and the specific requirements for transferring vehicle documentation such as BPKB (Buku Pemilik Kendaraan Bermotor) and STNK (Surat Tanda Nomor Kendaraan).

What sections should be included in a Private Car Sale Contract?

1. Parties: Identification of the seller and buyer with complete legal names, ID numbers (KTP), and addresses

2. Background: Brief context of the sale and confirmation that the seller owns the vehicle and has the right to sell it

3. Definitions: Key terms used in the agreement including 'Vehicle', 'Purchase Price', 'Completion Date', and 'Transfer Documents'

4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, color, engine number, chassis number, and license plate number

5. Purchase Price and Payment: Agreed purchase price, payment method, and payment schedule if applicable

6. Completion and Transfer of Ownership: Process and timeline for transferring vehicle ownership, including BPKB, STNK, and other required documentation

7. Seller's Warranties: Seller's declarations regarding vehicle ownership, condition, and absence of liens or encumbrances

8. Buyer's Acknowledgments: Buyer's confirmation of vehicle inspection and acceptance of condition

9. Costs and Taxes: Allocation of transfer costs, taxes (BBNKB), and other administrative fees

10. Governing Law: Confirmation that the agreement is governed by Indonesian law

11. Signatures: Execution section including space for signatures, witnesses, and dates

What sections are optional to include in a Private Car Sale Contract?

1. Condition Report: Detailed description of the vehicle's current condition and any known issues - used when selling vehicles 'as is' or with known defects

2. Payment in Installments: Terms for installment payments - included when the purchase price is not paid in full at completion

3. Security Interest: Provisions for seller's security interest in the vehicle - used when payment is made in installments

4. Insurance: Requirements for insurance during any period between payment and transfer - used when there's a gap between payment and completion

5. Dispute Resolution: Specific procedures for handling disputes - included for higher-value vehicles or at parties' request

What schedules should be included in a Private Car Sale Contract?

1. Schedule 1 - Vehicle Inspection Report: Detailed technical inspection report of the vehicle's condition

2. Schedule 2 - Vehicle Documents: Copies of current STNK, BPKB, and service history

3. Schedule 3 - Payment Schedule: If applicable, detailed schedule of installment payments

4. Appendix A - Photographs: Recent photographs of the vehicle showing its current condition

5. Appendix B - Service History: Detailed service and maintenance records of the vehicle

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

Buy-Sell Agreement

Sector

Sales

Cost

Free to use

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