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As-is sale — Michigan

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MichiganSide by SideAs-is sale
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Reviewed against state DMV requirementsLast reviewed: March 20266 min readEditorial policy

What to know about as-is sale sales in Michigan

Include explicit "as-is" language in the bill of sale. Under UCC § 2-316(3)(a), writing "as-is" or "with all faults" in the contract effectively disclaims all implied warranties, including the implied warranty of merchantability under UCC § 2-314. Still disclose known material defects — concealing known defects can constitute fraud even in an as-is sale.

What to include in your bill of sale

  • Full legal names and addresses for both buyer and seller.
  • Side by Side make, model, year, VIN, and current mileage.
  • Agreed sale price, payment method, and transaction date.
  • Any as-is sale-specific disclosures required in Michigan.

Seller guidance

Include explicit "as-is" language in the bill of sale. Under UCC § 2-316(3)(a), writing "as-is" or "with all faults" in the contract effectively disclaims all implied warranties, including the implied warranty of merchantability under UCC § 2-314. Still disclose known material defects — concealing known defects can constitute fraud even in an as-is sale.

Buyer guidance

An as-is sale gives you no recourse for undisclosed defects after closing. Order a pre-purchase inspection from a licensed mechanic before agreeing to price. Review any known issue list the seller provides and get it in writing.

Michigan-Specific Note

Michigan allows private party as-is sales. The Michigan Consumer Protection Act (MCL 445.901) prohibits unfair or deceptive trade practices regardless of as-is language. Michigan does not require a state safety inspection or emissions test for private sales. Complete TR-52 (Buyer and Seller's Guide) and retain for your records.

Legal considerations

Michigan allows private party as-is sales. The Michigan Consumer Protection Act (MCL 445.901) prohibits unfair or deceptive trade practices regardless of as-is language. Michigan does not require a state safety inspection or emissions test for private sales. Complete TR-52 (Buyer and Seller's Guide) and retain for your records.

Michigan Legal Requirements

As-is clauses are generally enforceable in private party vehicle sales under UCC § 2-316. However, most states carve out an exception for fraud: a seller who actively conceals or misrepresents a known defect cannot rely on the as-is language as a shield. Best practice is to provide a written disclosure of all known defects alongside the as-is bill of sale.

Michigan Side by Side transfer fees and requirements

In Michigan, the title transfer fee is $15 and registration costs Based on vehicle list price; varies widely. Side by Side sales are subject to 6% use tax on purchase price. Michigan does not require notarization for private-party side by side transfers. Michigan does not require emission testing for private-party side by side sales.

  • Secretary of State handles title and registration
  • Title transfer must be completed within 15 days
  • Plate transfer allowed between vehicles owned by same person

Michigan sales tax on side by side purchases

Michigan has a 6% state sales tax rate. Flat 6% use tax statewide. Private-party side by side sales in Michigan are subject to sales tax. Use tax applies to private party vehicle purchases. The title transfer fee is $15.

Side by Side market data and safety information

The most common side by side makes in private-party sales are Polaris, Can-Am, Honda, Yamaha, Kawasaki. Average private-party side by side prices range from $5,000–$30,000. Side by sides average 2.6 NHTSA recalls per model across categories including Steering, Fuel System, Fire Hazard.

Safety checkpoints for buying a used side by side

Before completing a side by side bill of sale in Michigan, verify these safety items:

  • Verify ROPS (cage) is intact and meets manufacturer specifications
  • Check all seat belts and door/net latching mechanisms
  • Inspect CV axles and boots — the highest-wear item on side-by-sides
  • Test power steering operation and differential lock engagement

Side by Side insurance and depreciation in Michigan

Insurance averages $200–$600/year. Multi-passenger models cost more. Required for on-road use. Side-by-sides depreciate 30–40% in 3 years. Sport models (RZR, Maverick) depreciate faster than utility models (Ranger). Peak season for private side by side sales is spring for recreation, fall for hunting season, with an average of 25 days on market.

Side by Side registration and titling

Side by Sides are classified as "Off-highway vehicle (OHV) — some states allow street-legal conversion" for registration purposes. Side-by-sides range from 1,000–2,000 lbs. Multi-seat crew models weigh more. Federal odometer disclosure does not apply to side by sides.

Michigan requirements for as-is sale side by side sales

For side by side as-is sale transactions in Michigan, the buyer must pay 6% use tax on purchase price and a $15 title transfer fee. Notarization is not required. Odometer disclosure is required.

  • Secretary of State handles title and registration
  • Title transfer must be completed within 15 days
  • Plate transfer allowed between vehicles owned by same person

Safety tips for as-is sale side by side transactions

When completing a as-is sale side by side sale in Michigan, always verify the vehicle against NHTSA recall databases. The most common side by side recall categories are Steering, Fuel System, Fire Hazard. Check recalls at NHTSA.gov/recalls before signing the bill of sale.

Checklist for as-is sale side by side sale in Michigan

  1. Include "sold as-is, with all faults" language conspicuously in the bill of sale
  2. Attach a written list of known defects signed by the seller
  3. Complete a pre-purchase inspection before finalizing price
  4. Confirm odometer reading is accurate and document it
  5. Buyer signs acknowledgment of as-is condition
  6. Complete TR-52 (Buyer and Seller's Guide)
  7. Include as-is language in the bill of sale and retain copies

Need the printable workflow?

Use the main Michigan side by side bill of sale flow when you are ready to generate the completed document.

Open Michigan Side by Side bill of sale

The Private Vehicle Sale Market

17.5M private sales/yr

About 17.5 million private-party vehicle transactions happen in the U.S. each year — roughly 47% of the used market.

Source: Cox Automotive 2024

Frequently asked questions

When should I use the as-is sale page?

Use this page when your side by side sale in Michigan fits a as-is sale scenario. It walks you through the specific disclosures and details that apply to this type of transaction.

Why does the as-is sale scenario have its own page?

Different sale scenarios — such as private party, dealer, or gifted transfers — have different documentation requirements. This page focuses on what buyers and sellers need for a as-is sale transaction specifically.

What should be included in this bill of sale?

Include the buyer and seller details, vehicle identifiers, sale price, date, signatures, and any notes specific to the as-is sale transaction.

What are the Michigan fees for a as-is sale side by side transfer?

Michigan charges a $15 title transfer fee. Registration costs Based on vehicle list price; varies widely. Sales tax: 6% use tax on purchase price. Notarization is not required for most transfers.

What side by side makes are most commonly sold in Michigan?

The most popular side by side makes in private-party sales are Polaris, Can-Am, Honda, Yamaha, Kawasaki. Average private-party prices range from $5,000–$30,000.

Do I pay sales tax on a as-is sale side by side sale in Michigan?

Michigan has a 6% state sales tax rate. Use tax applies to private party vehicle purchases

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