Interstate Bill of Sale. Settle Disputes In Buyers State?

State of New York, County of Kings

In making a purchase of private property between individuals for a value of about $1,700.00, the buyer living in New York and seller living in Tennessee and shipping the goods to the buyer in New York; can any disputes that may arise as a result of the sale be specified to be resolved under the laws of New York, and if a civil claim was to be made by the buyer, could he make it in NY?

Would it be appropriate to use a Bill of Sale document with a heading of "New York Bill of Sale of Personal Property" with a subheading "State of New York, County of Kings"? Or would that be inappropriate because the seller is in Tennessee?

Jurisdiction would be in the state that the seller receives payment and transfers ownership.

Jurisdiction would be in the state that the seller receives payment and transfers ownership.

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That's generally true, but the buyer and seller could agree to having jurisdiction in the buyer's state if they want to. They would need to both agree to it, and it would have to be in writing. Merely putting such a stipulation in the "boilerplate" of a bill of sale would be insufficient to form an agreement to change the venue for any disputes -- both sides would need to agree to it, in writing.

TomBrooklyn said:

Would it be appropriate to use a Bill of Sale document with a heading of "New York Bill of Sale of Personal Property" with a subheading "State of New York, County of Kings"? Or would that be inappropriate because the seller is in Tennessee?

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And the REAL answer is.....

What you suggest could be done... but it likely would not resolve your concern.

Simply, put the following clauses in writing (in the Bill of Sale is fine, as long as the buyer SIGNS and dates it!!).

"Choice of Law. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by New York law, excluding any laws that direct the application of another jurisdiction’s laws.
Venue. The agreed venue for any matters of this agreement is Kings County, New York.
Attorney Fees Provision. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.