Question 1

Is a written bill of sale required and what does the Statute of Frauds say?

Accepted Answer

UCC § 2-201 (the Statute of Frauds for sale of goods) makes contracts for the sale of goods of $500 or more unenforceable absent a writing signed by the party to be charged. Most scooter sales clear the $500 threshold, so a written bill of sale is the operative instrument that converts the deal into an enforceable contract. The writing must identify the parties, the goods, the quantity, and signify the bargain; price and other terms may be supplied by extrinsic evidence. State DMV registration practice independently requires a written bill of sale to transfer title or to issue a moped registration card. The bill of sale also satisfies federal odometer-disclosure requirements under the Truth in Mileage Act for scooters made in 2011 or later (NHTSA 49 CFR Part 580 amended in 2019, effective 2021).

Question 2

Does the state title or register the scooter and what determines that?

Accepted Answer

Engine displacement and motor wattage drive the classification. Most states title and register scooters 50cc and above as motorcycles or motor-driven cycles. Mopeds 50cc or less typically receive a moped registration card or sticker rather than a full title (Florida Stat. § 320.01(28); Ohio Rev. Code § 4501.01(L); Pennsylvania Title 75 Pa.C.S. § 102; Illinois 625 ILCS 5/1-148.2). For electric scooters, federal classification under 15 U.S.C. § 2085 and CPSC regulations distinguishes Low-Speed Electric Bicycles (under 750W and under 20 mph) from electric motorcycles. State implementation varies: California Vehicle Code § 406 defines low-speed electric scooters; Texas Trans. Code § 551.351 et seq. governs motor-assisted scooters with separate licensing rules; New York V&T Law § 125 added e-bike and e-scooter classifications in 2020.

Question 3

What does the federal odometer-disclosure rule require?

Accepted Answer

The Truth in Mileage Act and 49 CFR Part 580 require odometer disclosure at the time of transfer for most motor vehicles. The 2019 amendment (effective January 1, 2021) extended the disclosure requirement from 10 years to 20 years for vehicles manufactured on or after January 1, 2011. The disclosure must state the mileage reading, certify it as actual mileage or note that it exceeds mechanical limits or is not the actual mileage, and be signed by the seller. Federal scooters and motorcycles fall within the rule. Exceptions: vehicles 10 model years old or older for transfers before 2021 (now 20 years for 2011+); vehicles with gross vehicle weight rating over 16,000 pounds; new vehicle transfers. Penalties for false disclosure run up to $10,000 per violation under 49 U.S.C. § 32710 plus treble damages or $10,000 (whichever is greater) in private actions.

Question 4

How are electric scooters classified federally and by state?

Accepted Answer

Federal classification under the Consumer Product Safety Act and 15 U.S.C. § 2085 distinguishes Low-Speed Electric Bicycles (LSEB) from motor vehicles. LSEBs have a motor under 750 watts (1 horsepower) and a maximum motor-assisted speed of 20 mph; they are consumer products regulated by the CPSC, not motor vehicles regulated by NHTSA. Electric scooters above these thresholds are motor vehicles subject to NHTSA Federal Motor Vehicle Safety Standards. State implementation varies: California AB 604 (2017) created Class 1, 2, and 3 e-bike categories; Texas Trans. Code § 551.351 created the motor-assisted scooter category; New York V&T Law § 125 added e-scooter classifications with maximum speed of 20 mph and helmet requirements for riders under 18. Most states do not title or register kick-style e-scooters, but they may still impose helmet, lighting, and operating-area rules.

Question 5

Are scooter sales subject to state sales or use tax?

Accepted Answer

Yes in most states, with use tax collected at DMV registration when the buyer registers the vehicle. The DMV calculates tax on the bill of sale price or the NADA book value (whichever is higher in some states; California uses Vehicle Code § 11713.5 to value); the buyer cannot avoid tax by claiming a private-party sale, although some states exempt private-party sales between family members under specific transfer-affidavit procedures. Five states have no general sales tax (Alaska, Delaware, Montana, New Hampshire, Oregon). Under-reporting the sale price on the bill of sale is sales-tax fraud and is independently prosecutable in many jurisdictions; several state DMVs use NADA Guides or Kelley Blue Book benchmarks to flag suspicious transfer prices.

Question 6

What licensing is required to operate the scooter purchased?

Accepted Answer

Licensing tracks engine displacement and motor wattage. Mopeds 50cc and under typically require only a standard driver's license (Florida Stat. § 322.03(1); California Veh. Code § 12500). Scooters between 51cc and 149cc usually require either a motorcycle endorsement or a moped-class license depending on state (California Class M2; Texas Class M; Florida motorcycle endorsement under § 322.0573). Scooters 150cc and above generally require a full Class M motorcycle endorsement and registration as a motorcycle. Electric scooters above 750W or 20 mph are regulated as motor vehicles and require motorcycle licensing. Check the state DMV before purchase; the bill of sale documents the transfer but does not grant licensing.

Question 7

Can the buyer use the bill of sale to obtain a bonded title if the seller has no title?

Accepted Answer

Yes in most states. If the seller cannot produce the title (lost, never received from a prior transfer, or never issued because the moped was title-exempt), the buyer can obtain a bonded title (also called a surety-bond title or certificate-of-title bond) by filing the bill of sale, a frame inspection, proof of insurance, and a surety bond. Bond amount is typically 1.5 times the appraised vehicle value (Texas Trans. Code § 501.053; California Veh. Code § 5908). The bonded title carries a 'bonded' brand for 3 to 5 years, after which it converts to a clean title if no claims surface. The bill of sale anchors the application; without it most states will not issue a bonded title.

Question 8

Can a minor purchase a scooter under a bill of sale?

Accepted Answer

Contracts with minors (under 18 in most states) are voidable at the minor's election under common-law infancy doctrine (Restatement (Second) of Contracts § 14). The seller can be bound but the minor can disaffirm and recover any consideration paid, with limited exceptions for necessaries and statutory ratification. To create an enforceable contract, a parent or legal guardian must co-sign as the responsible party. Many state DMV rules independently require parental signature for any registration in a minor's name (California Veh. Code § 15500 requires parent or guardian signature on the application). For 50cc mopeds frequently purchased by teens as first vehicles, parental co-signing is essential to bind the deal and complete registration.

Field	Description
Buyer & Seller	Full legal names, addresses, driver's license numbers
Year / Make / Model	Honda PCX150, Vespa Primavera 150, Yamaha Zuma 125, NIU NQi
Engine Displacement	Exact cc (e.g., 49cc, 125cc, 300cc) or motor watts for electric
VIN	17-character federal VIN from steering neck or frame
Odometer	Mileage + TIMA disclosure checkbox
Title Brand	Clean / salvage / rebuilt / flood / non-repairable
Color	Primary body/frame color
Accessories	Helmet, top case, chargers, service records, extra keys
Sale Price	Amount in numerals and words, payment method
As-Is Clause	Conspicuous warranty disclaimer
Signatures / Notary	Both parties, notarized if state requires

Factor	Moped (≤50cc)	Scooter (51–249cc)	Motorcycle (250cc+)
Top Speed	~30 mph	55–75 mph	100+ mph
Title Required	Varies by state	Yes	Yes
License	Standard driver's license	Class M or moped endorsement	Class M endorsement
Helmet Law	Varies	Usually required	Usually required
Insurance	Sometimes exempt	Required	Required
Highway Legal	No	Depends on state	Yes
Typical Price	$800 – $2,500	$2,500 – $7,000	$5,000 – $30,000

Free Moped & Scooter Bill of Sale Forms

What Is a Moped & Scooter Bill of Sale?

UCC § 2-201 Statute of Frauds and federal odometer disclosure

DMV titling thresholds and federal LSEB classification

VIN Verification

CC Displacement

Odometer Disclosure

How to Write a Moped / Scooter Bill of Sale

Capture Buyer and Seller Information

Identify the Scooter

Record the VIN and Frame Number

Complete Odometer Disclosure

State Price, Payment, and Condition

Sign, Date, and Notarize if Required

Key Components

Scooter & Moped Types Covered

50cc Moped

Gas Scooter (125–250cc)

Maxi-Scooter (300cc+)

Electric Scooter (Seated)

Electric Stand-Up Scooter

Vintage / Collector Scooter

Kick / Push Scooter

Moped vs. Scooter vs. Motorcycle

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Sample Moped / Scooter Bill of Sale

MOPED / SCOOTER BILL OF SALE

Official Resources

Frequently Asked Questions

Create your Scooter Bill of Sale in under 10 minutes.