Fill Out a Valid Car Consignment Form

Fill Out a Valid Car Consignment Form

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.

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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.

Document Example

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:

 

Phone No.:

Insurance Co.:

 

Address:

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

Yes

Yes

Yes

Yes

No

Has this vehicle ever been in an accident?

No

Has this vehicle ever been in a flood?

No

Has this vehicle ever had hail damage?

No

Has this vehicle ever had a branded title?

No

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

No

AS-IS - NO WARRANTY

No

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

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:

 

Address:

 

 

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.

Form Breakdown

Fact Name Description
Exclusive Listing The agreement grants the consignee the exclusive right to sell the vehicle on behalf of the consignor.
Vehicle Description and Condition The form includes detailed sections for describing the vehicle’s make, model, VIN, and condition, including its history of accidents, flood, hail damage, or branded titles.
Minimum Selling Price Consignors have the ability to set a minimum selling price for their vehicle and must approve any proposed sale.
Insurance Requirement It is specified that the vehicle must have theft, fire, comprehensive, and liability insurance in effect for the duration of the consignment period.
Commission and Fees The agreement outlines the commission rates set forth by the consignee, including details on additional fees for services such as advertisements, detailing, inspections, and repairs.
Governing Laws For any disputes arising from the agreement, it implies compliance with state-specific laws where the consignment takes place, and any failure to comply with the terms might result in sanctions as noted with reference to the Department of Motor Vehicles.

Car Consignment - Usage Guide

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.

  1. Start by inputting the names of the Consignor(s) (you, the vehicle owner(s)) at the designated spot.
  2. Fill in the name, address, and telephone number of the Consignee (the entity or individual who will be selling the vehicle on your behalf) along with their Dealer No., if applicable.
  3. Describe the vehicle in detail, including the Year, Make, Model, VIN#, License Plate #, Odometer Reading, Style, and Exterior Color. Check the appropriate box for Actual Miles, TMU (True Mileage Unknown), or Exempt.
  4. Indicate the vehicle's features by checking the corresponding boxes for things like Air Conditioning, Power Locks, Navigation, etc., and specify the color for interior materials if applicable.
  5. Provide information on the Engine and Transmission types, and select the drive type: AWD (All-Wheel Drive), FWD (Front-Wheel Drive), RWD (Rear-Wheel Drive), or 4WD (Four-Wheel Drive).
  6. List the vehicle's entertainment options, such as AM/FM Cassette, AM/FM CD Player, and note presence of Manuals and Maintenance Records.
  7. Detail any known liens against the vehicle by indicating the Name of Lien holder, their Address, Phone No., and your Account No.
  8. Specify insurance details under the consignment period, including Agent Name, Insurance Co., Address, Policy No., Liability Limits, and Policy Effective and Expiration Dates.
  9. Answer the series of Yes/No questions regarding the vehicle’s history, including accident involvement, flood damage, hail damage, branded title, and if it can pass safety or emissions inspections. Provide details if any question is answered with “Yes.”
  10. Choose the condition of the vehicle (Excellent, Average, Poor) and indicate any required work.
  11. Agree on the commission rates set forth by the Consignee for the sale of the vehicle, and note any additional fees for services such as detailing, safety inspections, financing facilitation, and warranty plans.
  12. Provide your (Consignor’s) contact details: Email, Address, Home Phone, and Work Phone.
  13. Sign and date the form to indicate your agreement to the terms outlined.
  14. The Consignee will fill in their section and provide a signature to finalize the agreement.

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.

More About Car Consignment

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.

Common mistakes

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.

Documents used along the form

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.

  • Vehicle Title: This document proves ownership of the vehicle. It must be transferred to the new owner upon the sale of the vehicle.
  • Odometer Disclosure Statement: Required in most states, this document declares the true mileage of the vehicle at the time of sale and helps prevent odometer fraud.
  • Bill of Sale: This document provides proof of purchase and details the terms of the sale. It typically includes information about the buyer, seller, vehicle, and the sale price.
  • VIN (Vehicle Identification Number) Report: Offers a detailed history of the vehicle, including past ownership, any accidents, and maintenance records, helping to verify the vehicle's condition.
  • Consignment Agreement Addendum: This might be used to amend or add specific terms to the original consignment agreement.
  • Vehicle Service Records: These records provide a history of repairs and maintenance work done on the vehicle, which can influence the selling price and buyer's interest.
  • As-Is No Warranty Document: A form that explains the vehicle is being sold in its current condition without any guarantees from the seller, releasing them from liability for future issues with the vehicle.
  • Lien Release: If the vehicle was financed, a lien release or a letter from the lender is required to prove the loan has been fully paid off.
  • Proof of Insurance: Though not always transferred with the sale, proof of current insurance may be required to validate that the vehicle is covered until the sale is finalized.

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.

Similar forms

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.

Dos and Don'ts

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:

  • Do read the entire agreement carefully before filling it out to ensure you understand all the terms and conditions.
  • Do verify all the information about the vehicle, including the year, make, model, VIN#, and license plate number, to prevent any discrepancies.
  • Do disclose any known defects or damage to the vehicle, including previous accidents, flood damage, or branded title, to maintain transparency and trust.
  • Do ensure that the consignment period, minimum selling price, and commission rates are clearly stated and agreed upon to avoid future disputes.
  • Don't leave any sections blank. If a section does not apply, mark it as N/A (Not Applicable) to indicate that it was not overlooked.
  • Don't sign the agreement until all parties have reviewed the terms and have had the opportunity to ask questions or seek clarification.
  • Don't forget to include current contact information for both the Consignor and Consignee for easy communication throughout the consignment period.
  • Don't overlook the importance of having valid, comprehensive insurance coverage for the vehicle while it is under consignment to protect against potential loss or damage.

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.

Misconceptions

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.

  • Ownership transfers immediately upon consignment: Many believe that when they consign their vehicle, they are transferring ownership to the consignee. In reality, the title remains in the consignor's name until the vehicle is sold to a third party.
  • No control over sale price: A common misconception is that consignors have no say in the final sale price. However, the Car Consignment Agreement often specifies a minimum selling price, and consignors typically retain final approval over any proposed sale.
  • Consignees are fully responsible for damages: Some assume that once the vehicle is under consignment, the consignee is responsible for any damages sustained. The agreement, though, usually states that comprehensive and liability insurance must stay effective during the consignment period, indirectly implying consignor's partial responsibility.
  • Consignment agreements are indefinite: It's mistakenly thought that these agreements lack a termination date. In truth, they specify a start and end date, ensuring a clear timeframe for the consignment arrangement.
  • Consignment fees are hidden and unspecified: While some worry about hidden costs, legitimate consignment agreements clearly outline commission rates, additional fees (if any), and specify what is included within the commission cost.
  • Consignors can't retrieve their vehicle during the agreement: Owners often think once their car is consigned, they cannot take it back until the agreement is over or the car is sold. The agreement provides terms under which consignors can retrieve their vehicle, usually with prior notice.
  • Any sale bypassing the consignee avoids fees: Some consignors believe if they find a buyer independently, they won't owe the consignee anything. Agreements typically address this scenario, requiring consignors to pay a predetermined percentage of the sale price if the sale occurs during the consignment period.

Understanding these realities helps consignors navigate the process of selling a vehicle through consignment more effectively and with clearer expectations.

Key takeaways

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:

  • The exclusive right to sell is granted to the consignee, meaning the consignor cannot sell the vehicle through another dealer or privately during the term of the agreement.
  • The form should clearly state the vehicle's minimum selling price and conditions under which the consignor has the final approval of any proposed sale.
  • The agreement specifies a start and end date, outlining the timeframe in which the consignee is authorized to sell the vehicle.
  • It is the consignor’s responsibility to ensure that the vehicle is properly insured for theft, fire, comprehensive, and liability during the consignment period.
  • The consignor must disclose any known issues, including past accidents, flood damage, or any other factors that might affect the vehicle's marketability or safety.
  • Commission rates and any additional fees or costs associated with selling the vehicle (e.g., advertising, detailing, and repairs) should be explicitly outlined in the agreement.
  • In case the vehicle does not sell by the end of the agreement or if repairs are required, the agreement details the financial obligations of the consignor to cover these costs.
  • The consignor promises to indemnify (protect) the consignee against claims related to the vehicle during the consignment period.

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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