A Car Consignment Form is a legally binding agreement that enables vehicle owners (consignors) to hand over their used vehicle to a dealership or another party (consignee) for the purpose of selling it. This form details the responsibilities and rights of both the consignor and consignee, establishing terms such as the minimum selling price, commission rates, and duration of the agreement. It serves as a comprehensive guide for both parties to ensure a clear, fair, and efficient sale process.
Entering into a Used Vehicle Consignment Agreement is a noteworthy step for vehicle owners looking to sell with the aid of a consignee, typically a dealership or specialist seller. This type of agreement outlines a structured and legal framework whereby the consignor (the vehicle's owner) entrusts their vehicle to the consignee (the seller) to facilitate the sale of the vehicle. The agreement spells out the specifics: it begins with the consignor agreeing to hand over their used vehicle, described in detail from make and model to unique features and condition, to the consignee. What sets this agreement apart is its emphasis on providing an exclusive selling right to the consignee, setting a minimum selling price, and the consignor retaining the final say on any sale proposal. It details the obligations of both parties pertaining to the vehicle, including insurance requirements and representations about the vehicle's history and condition. Furthermore, the agreement covers financial aspects such as commission rates tied to the sale price, additional fees that might apply, and how proceeds are handled post-sale. It also addresses scenarios where the vehicle does not sell within the agreed timeframe or if the vehicle is sold by someone other than the consignee. Importantly, the document includes clauses on indemnity, responsibility for damages during the consignment period, and the procedural steps for removing the vehicle from consignment. This comprehensive approach ensures clarity and protection for both parties involved in the consignment sale of a used vehicle.
USED VEHICLE CONSIGNMENT AGREEMENT
Exclusive listing with the exclusive right to sell
I (We) _____________________________________ the Consignor(s) agree(s) to consign and deliver possession to ________________
___________________________________________at address of _______________________, with telephone number _____________,
Dealer No. __________________, the Consignee, the vehicle described as follows, for the sole purpose of selling the vehicle with a
minimum selling price of $______________. Consignor(s) shall have final approval of any proposed sale of the vehicle.
This agreement is to begin on ______________________ and will terminate on ________________. The terms of this agreement are that
the Consignor shall return the vehicle to the consignor(s), or enter into a new agreement at the termination of this consignment agreement.
Year
Make
Model
VIN#
License Plate #
Odometer
Style
Exterior Color
Actual Miles, TMU, Exempt?
□
Air Conditioning Power Locks
Keyless Entry No. Remotes: __________
Power Windows Power Seats Power Sunroof
Leather – Color: ____________________
Cloth – Color: _____________________
Engine: ____________________________
Transmission: _______________________
AWD
FWD
RWD 4WD Navigation DVD system
AM/FM Cassette AM/FM CD Player AM/FM CD Changer Manuals Maintenance Records Floor Mats
______________________
Consignor(s) warrant(s) that he/she (they) has/have possession of the title or that the title is held by the below listed lien holder and that there are no interests, liens, or claims against the vehicle which are not below:
Name of Lien holder:
Address:
Phone No.:
Account No.:
The Consignor(s) agree(s) that, pending sale, the vehicle’s title shall remain in Consignor(s) name and that theft, fire, comprehensive and liability insurance be and/or must remain in effect during the consignment period.
Agent Name:
Insurance Co.:
Policy No.:
Liability Limits:
Effective:
Expiration:
The Consignor(s) represents and warrants that to the best of the Consignor(s) knowledge, information and belief, that the vehicle has not been involved in an accident. If the vehicle has been in an accident, the Consignor(s) has provided Consignee with the relevant information.
Yes
No
Has this vehicle ever been in an accident?
Has this vehicle ever been in a flood?
Has this vehicle ever had hail damage?
Has this vehicle ever had a branded title?
Is the vehicle currently unable to pass safety or emissions inspections?
If “Yes” checked above, please provide details:
Indicate whether the vehicle is:
Yes Yes
AS-IS - NO WARRANTY
WARRANTY
Condition of Vehicle:
□ Excellent
□ Average
□ Poor
The vehicle requires the following work:
The delivery of this vehicle is on consignment and is not a sale of the vehicle to the Consignee. The Consignee agrees to receive the vehicle in trust and not to permit its use for any other purposes than what is contained in this agreement without express written consent of the Consignor(s).
Consignor(s) hereby agree(s) to the following commission rates as set forth by the Consignee:
Sale Price of Vehicle
Commission/Costs
$0-$_______
$_______
$_______-$_______
$_______ - $_______
$_______ and up
___%
Carfax & NADA reports are included in commission cost. Advertising on Autotrader, KBB, CarGurus, TrueCar, Vast, Edmunds &
CarFax Online are included in commission cost. Cars.Com, Craigslist, Ebay and any other specialty ad site are extra on cars under
$_______. Complete detailing, safety inspection, repair work, financing and offered warranty plans are available at an extra cost and are
not included in the commission fee.
Additional Fees If Applicable:
Safety Inspection/Emission
$___ + Sales Tax (cars/lt trucks)
Finance Facilitation Fee:
Labor Rate
$_____/hour, plus parts
Professional Detail
$_______ & Up
Warranty Plans:
$_____ & up
Upon completion of sale and receipt of a good, negotiable title, the net amount due to the Consignor(s) from the Consignee shall be the gross sale amount less any costs for repairs or detailing previously agreed to by Consignor(s), and commission rate as set forth in this agreement, and further agrees that the Consignee will pay off any existing encumbrances against said vehicle and deduct the same from the net amount due.
If repairs are required before or during the period of consignment, Consignee shall notify the Consignor(s) and shall secure Consignor(s) approval before any work shall commence. All repair costs will be deducted from the Consignor(s) net. If the vehicle is not sold during the specified agreement term, Consignor(s) agree(s) to pay repairs before vehicle is returned to Consignor(s).
In the event the vehicle is sold by someone other than the Consignee during the period of agreement, the Consignor(s) agree(s) to pay the Consignee _____ percent ( ___%) of the price received. In the event a sale is made to a buyer who discussed the vehicle with the
Consignee, then the Consignor(s) agree(s) to pay the Consignee _____ percent ( ___%) of the vehicle’s selling price.
Should the Consignor(s) wish to remove the vehicle from Consignee’s premises, Consignee shall require a minimum of _________ ( __ )
hours’ notice. The vehicle can then be removed between the hours of ______ and ______ pm on weekdays or subject to appointment. All
advertising, detail, repair, inspection, and any other costs incurred while the vehicle was on the Consignor’s premises will be due at the time of removal.
If the vehicle remains unsold and a new agreement is not considered, or if the vehicle has been sold but not removed from Consignee’s premises or if the Consignor(s) or buyer(s) are delinquent in paying fees, Consignee may have the vehicle impounded at the Consignor(s)
or buyer(s) expense without prior notice to the Consignor(s) or buyer(s). Additionally, Consignee may, at any time, demand that the vehicle be removed from Consignee’s premises upon _________ ( __ ) hour notice to Consignor(s).
Consignor(s) hereby promise(s) to defend, indemnify and hold harmless Consignee, its employees agents and assigns from any and all demands, judgments, claims, including reasonable legal and all other expenses actually incurred and paid, incident to any claim whether baseless or well founded by any third party in connection with any automobile taken by Consignee on consignment, including without limitation any claim for taxes by any State of the United States, territory or political subdivision thereof. The indemnification language contained herein shall survive the termination of this agreement,
It is further agreed that the Consignee, its agents or assigns are not responsible for any damage to the vehicle due to fire, accident, theft, vandalism or any cause whatsoever.
Consignor:
Email:
Home Phone
Work Phone:
Signature:
Date:
Consignee on behalf of ________________________:
NOTICE TO CONSIGNOR: Failure of the Consignee to comply with the terms of this agreement may be a violation of stature which could result in criminal or administrative sanctions, or both. If you feel the Consignee has not complied with the terms of this agreement, please contact the Department of Motor Vehicles, Division of Investigations and Occupational Licensing Bureau of Investigations, via the local Department of Motor Vehicles office. The Consignee is the person(s) or dealer who is selling the vehicle(s) on behalf of the Consignor. The Consignor is the person(s) who has given the vehicle to the Consignee to be sold.
When filling out a Car Consignment Form, you are entering into an agreement with a consignee (typically a dealership or a sales agent) to sell your vehicle on your behalf. It is crucial to provide accurate and comprehensive information about your vehicle and the terms of the consignment to protect both parties involved. Details regarding the vehicle’s condition, features, and any existing liens or claims must be clearly outlined. Following these steps will help ensure a smooth process for consigning your vehicle.
Once the form is duly completed and signed, the consignment process officially begins. The vehicle will be marketed according to the terms agreed upon, with the hope of finding a suitable buyer. It is vital for both parties to adhere to the terms of the agreement to ensure a successful sale. Remember, the safety and insurance of the vehicle remain your responsibility until the sale is finalized, as does maintaining transparent communication with the consignee regarding any changes in the vehicle’s condition or ownership status.
What is a consignment agreement for a used vehicle?
A consignment agreement for a used vehicle is a contract where the vehicle's owner, known as the Consignor, gives possession of their vehicle to another party, called the Consignee, usually a dealership, to sell the vehicle on their behalf. The agreement outlines terms including the minimum selling price, commissions, and the responsibilities of each party during the consignment period.
Who holds the title of the vehicle during the consignment period?
During the consignment period, the title of the vehicle remains in the name of the Consignor. This means that while the Consignee has the physical possession of the vehicle for the purpose of selling it, the legal ownership doesn't change until the sale is finalized.
Are there any fees involved in consigning my vehicle?
Yes, there are fees involved when you consign your vehicle. The agreement outlines a commission structure that the Consignee will take from the sale of the vehicle. There might also be costs for advertising, detailing, safety inspections, and other preparatory work needed to get your vehicle ready for sale. These fees are typically deducted from the sale proceeds.
What happens if my vehicle gets damaged or stolen while under consignment?
The agreement specifies that the Consignor must maintain theft, fire, comprehensive, and liability insurance on the vehicle throughout the consignment period. This means that in the event of damage or theft, the Consignor's insurance would typically cover these risks.
Can I get my vehicle back if it doesn't sell?
Yes, if your vehicle doesn't sell by the end of the agreement term, you can arrange to take your vehicle back. The agreement might specify that all repair costs and any other fees incurred during the consignment period must be paid before the vehicle is returned to you.
What obligations do I have toward the Consignee if I sell my vehicle to someone else during the consignment period?
If the vehicle is sold to a third party by the Consignor during the consignment period, the Consignor agrees to pay the Consignee a certain percentage of the sale price, as detailed in the agreement. This compensates the Consignee for their efforts in trying to sell the vehicle.
Who is responsible for repairs and maintenance during the consignment period?
Any necessary repairs or maintenance required during the consignment period must be approved by the Consignor. The costs for these repairs will ultimately be deducted from the sale proceeds of the vehicle. The Consignee is responsible for notifying the Consignor of any such requirements.
Filling out a car consignment form is a crucial step in selling a vehicle through a third party, but it's easy to make mistakes that could hinder the selling process or lead to misunderstandings. Understanding common pitfalls can help sellers complete the form accurately and protect their interests.
One common mistake is not verifying the consignee’s credentials, including their dealer number and address. It’s essential to ensure that you’re dealing with a reputable consignee, as this person or entity will be responsible for selling your vehicle.
Another error often seen is failing to specify the minimum selling price clearly or realistically. This is crucial for setting expectations and ensuring that you do not sell the vehicle for less than desired. It’s equally important to accurately describe the vehicle's condition, including all features and any damage, to avoid future disputes about its state at the time of consignment.
Many also forget to clearly outline the terms regarding the consignment period. Specifying the start and end dates of the agreement helps both parties understand the timeframe they are working within.
A significant mistake is not detailing the vehicle’s history accurately, such as past accidents or damage. This not only affects the vehicle's market value but also your credibility as a seller. Being transparent about the vehicle's history helps build trust with the consignee and potential buyers.
Overlooking the importance of maintaining insurance coverage during the consignment period is another oversight. The agreement should clarify who is responsible for theft, fire, and comprehensive insurance to protect against unforeseen incidents.
Failing to document the agreement regarding repairs and detailing is a common oversight. It should be clear who will cover these costs and how they will affect the final payout to the consignor upon sale.
Not understanding the commission structure is another area where many go wrong. It’s vital to agree on a fair commission rate and be aware of any additional fees for advertising, inspections, or warranties that might affect the net amount received from the sale.
Lastly, many consignors do not plan for the scenario where the vehicle doesn’t sell within the consignment period. The form should specify what happens in this case, including how long before the vehicle must be retrieved and the financial responsibilities for any services incurred during the consignment.
In avoiding these common mistakes, sellers can ensure a smoother consignment process, ultimately leading to a more successful sale of their vehicle.
When a vehicle is placed under consignment, it often involves more than just the Car Consignment Agreement. There are additional documents and forms that play crucial roles in ensuring a smooth and transparent process for both the consignor (vehicle owner) and the consignee (dealer or individual handling the sale). These documents serve to protect the interests of both parties, provide clarity on the specifics of the vehicle's condition, ownership, and the terms of the sale. Here, we will take a look at some of the other forms and documents commonly used alongside the Car Consignment form.
Collectively, these documents complement the Car Consignment Agreement, each serving a purpose in making the vehicle consignment process transparent and legally binding. They help to clearly outline the responsibilities of the consignor and consignee, ensure the vehicle is accurately represented to potential buyers, and protect against potential legal issues. Understanding the role of each document ensures that you are well-prepared for a successful and hassle-free consignment sale.
The Car Consignment Agreement is closely related to a Vehicle Sales Agreement. Both documents outline the terms for transferring a vehicle from one party to another but differ in that the consignment agreement involves a third-party dealer acting as the intermediary for the sale. This agreement details the responsibilities of the consignor and consignee, ensuring the vehicle is sold under agreed conditions, similar to how a Vehicle Sales Agreement ensures the buyer and seller agree on the sale terms.
Another similar document is the Bill of Sale. This document also facilitates the transfer of ownership of a vehicle but is more straightforward, detailing the transaction between the buyer and seller directly after the sale is completed. Unlike the Car Consignment Agreement, which sets the terms for sale before it happens, the Bill of Sale confirms that the transaction has occurred and provides legal proof of the transfer of ownership.
A Power of Attorney for Vehicle Transactions bears resemblance as well. It grants an individual the authority to make decisions and act in the sale or management of a vehicle on someone else's behalf. Though it serves a broader purpose, including various transactions related to a vehicle, it can encompass the authority to consign a vehicle for sale, closely aligning with the consignment form's function of delegating the sale process to a consignee.
The Vehicle Lease Agreement is another document that has parallels with the Car Consignment Agreement in terms of handling vehicles but focuses on leasing rather than selling. Both agreements include detailed descriptions of the vehicle, terms of the agreement, and obligations of both parties. However, while the consignment agreement aims to sell the vehicle, the lease agreement sets terms for its use over a specified period.
An Auto Loan Agreement shares similarities, particularly in detailing specifics about a vehicle and the financial aspects surrounding it. However, this agreement is between a borrower and a lender for financing the purchase of the vehicle, mentioning the vehicle as collateral, whereas the Car Consignment Agreement arranges for the sale of a vehicle on behalf of the owner, highlighting different financial interactions.
A Vehicle Service Contract can also be considered similar. This agreement provides for future maintenance and repairs of the vehicle, often detailing the vehicle's make, model, and identification number, similar to a Car Consignment Agreement. The main difference lies in the purpose: service contracts deal with post-sale services, while consignment agreements focus on the terms of selling the vehicle.
Lastly, a Vehicle Storage Agreement is conceptually related as it involves a vehicle's custody and care, similar to how a consignment agreement entrusts the consignee with the vehicle for sale. The storage agreement outlines terms for storing the vehicle, emphasizing responsibilities for safeguarding and conditions of storage, akin to how the consignment form stipulates conditions for selling the vehicle.
When filling out a Car Consignment form, attention to detail is crucial for a smooth transaction and adherence to legal standards. Here are essential dos and don'ts to guide you through the process:
Adhering to these guidelines can significantly enhance the clarity and efficiency of the Car Consignment process, ensuring a fair and profitable sale for all parties involved.
When it comes to selling a car through consignment, many vehicle owners have misconceptions about the process and what the Car Consignment form entails. Below are seven common misconceptions and the realities behind them.
Understanding these realities helps consignors navigate the process of selling a vehicle through consignment more effectively and with clearer expectations.
When engaging in a consignment arrangement for selling a used vehicle, it’s essential to understand the key elements and implications of the Car Consignment Form. This document formalizes the agreement between the vehicle owner (consignor) and the entity selling the vehicle (consignee). The following points highlight the critical takeaways from a typical Car Consignment Form:
Understanding these key elements ensures both parties are aware of their rights and obligations, ultimately facilitating a smoother and more transparent vehicle consignment process.
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