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In the intricate landscape of automotive sales, the Car Consignment Form plays a pivotal role, bridging the gap between the individual desiring to sell a vehicle and the consignee (often a dealership) tasked with finding a buyer. This document embodies an exclusive agreement, granting the consignee the sole right to sell the vehicle within a stipulated timeframe, underscoring the intricate details such as the vehicle's description, including year, make, model, VIN, and more, alongside the agreed minimum selling price. A highlighted feature of this agreement is the consignor's retention of the final approval on any proposed sale, ensuring their satisfaction with the transaction. It meticulously outlines responsibilities regarding the vehicle's title, insurance requirements, and the warranty status, whether as-is or with warranty, further covering a comprehensive range of vehicle specifications and conditions. Moreover, it delineates the commission structure, advertising inclusions and additional costs, addressing vehicle repairs and detailing. In the event the vehicle is sold, or if the agreement is terminated without a sale, the form provides for the distribution of sale proceeds, repair costs, and any applicable fees. Significantly, the agreement also sets forth provisions for indemnity by the consignor, protects the consignee against liabilities, and establishes protocols for the vehicle's custody during the consignment period. This overarching agreement not only ensures clarity and transparency between the consignor and consignee but also safeguards the interests of both parties through its comprehensive clauses on sale conditions, financial arrangements, and legal indemnities.

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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.

Document Attributes

Fact Name Description
Agreement Type Exclusive listing with the exclusive right to sell.
Parties Involved The agreement is between the Consignor(s) and the Consignee (Dealer).
Vehicle Description Includes details like Year, Make, Model, VIN#, License Plate #, Odometer Reading, Exterior Color, and more.
Duration of Agreement The agreement specifies a start and end date, detailing the period of consignment.
Consignment Terms Consignment terms include minimum selling price, consignor's final approval of sale, vehicle condition representations, and insurance requirements.
Commission Structure Detailed structure for commission/costs based on the sale price of the vehicle, inclusive of advertising and additional services costs.
Termination and Indemnification Terms cover the actions upon agreement termination, indemnication responsibilities, and procedures for vehicle removal and unsold vehicles.

How to Fill Out Car Consignment

Filling out a Car Consignment form involves listing a vehicle with a dealer or consignee to be sold on your behalf. This process includes assigning roles, determining sale prices, and laying out the terms of the agreement, including how and when the vehicle will be presented for sale, the commission structure, and what happens if the vehicle doesn't sell within the agreed period. Here's a step-by-step guide to help you complete the form accurately:

  1. Start by entering the names of the consignor(s) — that's you, the vehicle owner(s) who is agreeing to consign the vehicle for sale.
  2. Fill in the name, address, and telephone number of the consignee — the dealer or entity that will be selling the vehicle on your behalf.
  3. Input the dealer number (Dealer No.) of the consignee, if applicable.
  4. Describe the vehicle being consigned — include the year, make, model, Vehicle Identification Number (VIN), license plate number, odometer reading, style, exterior color, and tick the appropriate box for actual miles, TMU (true mileage unknown), or exempt.
  5. Specify the vehicle's features such as air conditioning, power locks, keyless entry, power windows, seats, sunroof and whether it's upholstered in leather or cloth — including colors and fill in the number of remotes, engine type, transmission type, and drive system (AWD, FWD, RWD, 4WD).
  6. Indicate the vehicle's multimedia features like navigation, DVD system, type of audio system, and whether it has the original manuals and maintenance records.
  7. Provide floor mat details and any other notable features not previously mentioned.
  8. List any existing lien on the vehicle, including the name and address of the lienholder, their phone number, and the account number.
  9. Fill in the insurance details of the vehicle, including the agent name, phone number, insurance company, address, policy number, liability limits, and the policy's effective and expiration dates.
  10. If applicable, mark the checkboxes to indicate if the vehicle has been involved in an accident, flood, suffered hail damage, has been branded, or is currently unable to pass safety or emissions inspections, and provide details if "Yes" is checked.
  11. Choose the warranty condition — as is with no warranty or with a warranty.
  12. Indicate the condition of the vehicle (excellent, average, poor) and list any work required.
  13. Determine and agree on the consignment commission structure with the consignee, including commission costs within certain sale price ranges, any additional fees, and terms regarding payment for repairs or detailing needed.
  14. Sign and date the form as the consignor and ensure the consignee signs and dates it as well, adding the name of their dealership or business where indicated.

Once you've completed and signed the Car Consignment form, you've officially consigned your vehicle for sale. The consignee will now attempt to sell the vehicle based on the terms you've both agreed to. If you have concerns about the consignee fulfilling their end of the agreement, the form typically includes contact information for a relevant regulatory body, such as the Department of Motor Vehicles' Division of Investigations and Occupational Licensing Bureau of Investigations, for your protection and recourse.

More About Car Consignment

  1. What is a Used Vehicle Consignment Agreement?

    A Used Vehicle Consignment Agreement is a legal document that outlines the terms and conditions between a vehicle owner (the Consignor) and a dealership or third party (the Consignee) who is given the exclusive right to sell the vehicle on behalf of the owner. The agreement includes details such as the minimum selling price, vehicle description, commission rates, and obligations for insurance and maintenance during the consignment period.

  2. How does the Consignment Process work?

    The process begins with the vehicle owner and the consignee agreeing on terms, including the minimum price for selling the vehicle, commission rates, and the duration of the consignment agreement. The vehicle is then listed by the consignee, who endeavors to sell it for the highest possible price. Once the vehicle is sold, the consignee deducts agreed-upon costs and commissions from the sale price before remitting the remaining funds to the consignor. Throughout this period, the vehicle’s title remains with the consignor until the sale is finalized.

  3. What are the roles of the Consignor and Consignee?

    • Consignor: The vehicle owner who provides the car for consignment. They must ensure the vehicle is in good condition, provide all necessary documents, and agree to the terms set by the consignee.
    • Consignee: The dealership or third party responsible for selling the vehicle. They must market the vehicle, negotiate sale terms with potential buyers, and complete the sale within the agreed consignment period.
  4. Are there any fees involved apart from the commission?

    Yes, apart from the commission based on the sale price, there may be additional fees applicable for services like vehicle detailing, safety inspections, repair work, and advertising. These fees are either deducted from the final sale proceeds or are required to be paid by the consignor if the vehicle is returned unsold. Specific costs should be clearly outlined in the consignment agreement.

  5. What happens if the vehicle does not sell within the consignment period?

    If the vehicle does not sell within the specified period, the consignor has the option to retrieve their vehicle, extend the consignment period through a new agreement, or consider lowering the price to encourage a sale. If the vehicle is returned to the consignor, any incurred costs for repairs, detailing, or advertising as agreed upon in the original consignment agreement are payable by the consignor.

  6. How is the vehicle's condition represented in the agreement?

    The condition of the vehicle is described in the agreement in terms of exterior, interior, and mechanical status, along with any additional features or damages. The consignor is responsible for disclosing the true condition of the vehicle, including past accidents, flood damage, or branded titles. This disclosure helps protect the consignee from future claims by the buyer and ensures transparency in the sale process. It's crucial for the consignor to provide accurate and thorough information about the vehicle's condition to avoid potential disputes.

Common mistakes

When filling out a Car Consignment form, many people overlook crucial details or make mistakes that can have significant consequences for the selling process. Here are seven common errors to watch out for:

  1. Not thoroughly vetting the dealer or consignee. Ensure they have a solid reputation and the legal authority to sell your vehicle.

  2. Skipping over the description of the vehicle’s condition. Accurately detailing the car's state, including any damage or mechanical issues, is essential for a transparent transaction.

  3. Failing to clearly specify the minimum selling price. This oversight can lead to disagreements on the expected return from the sale.

  4. Overlooking the consignee’s commission rates and additional fees. Understanding these costs upfront prevents surprises in the net amount received after the sale.

  5. Not confirming the insurance coverage. The vehicle should be insured against theft, fire, and accidents while under the consignee’s possession.

  6. Ignoring the duration of the consignment agreement. It’s important to know when the agreement begins and ends to avoid confusion or potential legal issues.

  7. Forgetting to check the encumbrances section related to the vehicle's title. Ensuring no undisclosed liens or claims exist can smooth the process of transferring ownership to the buyer.

By paying attention to these details, sellers can avoid common pitfalls and facilitate a smoother, more successful consignment process.

Documents used along the form

When managing a car consignment, it's essential to have all the necessary forms and documents prepared to streamline the process and ensure legal compliance. Besides the primary Used Vehicle Consignment Agreement, there are several other key documents often used in the process. Each serves a specific purpose, facilitating a smooth transaction and protecting the interests of all parties involved.

  • Vehicle Title: This document proves ownership of the vehicle. It must be transferred to the new owner after the sale.
  • Odometer Disclosure Statement: Federal law requires the seller to provide accurate mileage of the vehicle at the time of sale, ensuring transparency about the vehicle's condition.
  • Bill of Sale: This document outlines the details of the transaction, including the sale price and date, providing proof of purchase and sale.
  • VIN Inspection Report: Some states require a Vehicle Identification Number (VIN) inspection to verify the vehicle's identity and prevent fraud.
  • Vehicle History Report: A report from services like Carfax or AutoCheck that provides historical information about the vehicle, including accidents, ownership, and service records.
  • Consignment Sales Agreement: Although part of the initial consignment form, a detailed agreement may be needed to outline specific terms and conditions not covered in the primary document.
  • Damage Disclosure Statement: This document is necessary if the vehicle has sustained significant damage. It details the nature and extent of the damage, ensuring the buyer is fully informed.
  • Emissions Test Report: In states with emissions testing requirements, this report verifies that the vehicle meets environmental standards.

Handling these documents with care and precision safeguards both the consignor and consignee, paving the way for a successful sale. It's crucial to ensure each document is accurately completed and filed, satisfying legal obligations and providing peace of mind to all parties involved. With thorough preparation and attention to detail, the consignment process can be a smooth and rewarding experience.

Similar forms

  • Real Estate Listing Agreement: Much like a Car Consignment Form, a Real Estate Listing Agreement grants an agent the exclusive right to sell a property on behalf of the owner. Both documents outline the terms of the agreement, including duration, commissions, and the responsibilities of both parties to maintain the property in sellable condition.

  • Business Brokerage Agreement: This agreement functions similarly to the Car Consignment Form by giving a broker the exclusive rights to sell a business. It details the commission structure, confidentiality provisions, and the seller's rights, mirroring the consignment approach with physical assets.

  • Art Consignment Agreement: Used between artists or art owners and galleries, this document is parallel to the Car Consignment Form. It specifies the period of consignment, pricing, insurance requirements, and the division of proceeds from the sale, ensuring both parties understand their rights and obligations.

  • Boat Consignment Contract: Similar to consigning a car, consigning a boat involves an agreement where the consignee sells the boat on behalf of the consignor. The document outlines the terms regarding pricing, commissions, storage, and maintenance responsibilities during the consignment period.

  • Equipment Consignment Agreement: This agreement is used for the consignment sale of machinery or equipment. Like the Car Consignment Form, it includes details about the equipment, sale terms, commission rates, and insurance, ensuring the equipment remains in good condition and is sold within the agreed terms.

  • Furniture Consignment Agreement: Tailored for the consignment of furniture, this document shares similarities with the Car Consignment Form, including the consignment term, pricing strategy, and the consignee's commission. It also stipulates the condition in which the furniture must be returned if unsold.

  • Fashion Consignment Agreement: Retailers or individuals looking to sell clothing items on consignment use this type of agreement. It mirrors the vehicle consignment form by detailing the items being sold, setting a minimum price, outlining the profit share, and clarifying the duration of the consignment.

  • Software Consignment Agreement: Though dealing with intangible goods, this agreement shares the foundational structure of the Car Consignment Form. It grants a company the right to sell software on behalf of the developer, detailing the license terms, sale price, distribution rights, and commissions.

Dos and Don'ts

When engaging in a car consignment arrangement, it's crucial to approach the process with diligence and thoroughness to ensure a smooth and equitable transaction. Here, we'll delve into the do's and don'ts of filling out a Car Consignment form to help both parties navigate the process successfully.

Do:
  1. Read the Entire Agreement Carefully: Before penning down any information, comb through each clause to understand the terms, conditions, and responsibilities entailed.

  2. Verify Vehicle Information: Ensure the accuracy of the vehicle's details such as year, make, model, VIN, and odometer reading to avoid discrepancies down the line.

  3. Disclose Vehicle History: If the vehicle has been in accidents, floods, or has hail damage, provide honest and detailed information about past incidents.

  4. Agree on Terms Clearly: Understand and agree on the minimum selling price, commission rates, and any additional fees that might be applicable during the consignment period.

  5. Check Insurance Details: Confirm that the vehicle remains insured under the consignor’s name throughout the consignment period, covering potential theft, fire, and liability issues.

Don't:
  • Leave Blanks Unfilled: Do not skip any sections or leave blanks unfilled. If a section does not apply, mark it as "N/A" (Not Applicable) instead of leaving it empty.

  • Overlook the Fine Print: Pay close attention to the consignment period, terms of sale approval by the consignor, and obligations post-termination of the agreement. Such details can be crucial in the event of disputes.

  • Ignore the Lien Information: If the vehicle is currently financed or has liens against it, accurately list the lienholder's details. Transparent disclosure is key to a trustworthy consignment relationship.

  • Sign Without Verification: Never affix your signature to the document without double-checking every detail for accuracy and completeness. Reaffirm that both parties have a mutual understanding of the agreement.

Adhering to these guidelines can significantly enhance the transparency and efficacy of the car consignment process, fostering a positive experience for both the consignor and consignee. Remember, the devil is in the details, and diligence today can prevent disputes tomorrow.

Misconceptions

When it comes to car consignment, there are several misconceptions that can confuse sellers. Understanding the reality of these myths helps in making informed decisions about consigning a vehicle. Here are ten common misconceptions explained:

  • Once the vehicle is on consignment, the consignor loses control over the sale process. This is incorrect. The agreement specifies that consignors maintain final approval of any proposed sale, ensuring they have control over the transaction.
  • The consignee will not take good care of the vehicle during the consignment period. In reality, consignees have a vested interest in maintaining the vehicle's condition to ensure it sells for the maximum price, which benefits both parties.
  • Listing fees and service charges are hidden and unpredictable. The agreement clearly outlines any commissions, costs, and additional fees applicable, making the financial obligations transparent to the consignor.
  • You can only consign cars in perfect condition. Cars can be consigned in various conditions; the agreement even has provisions to specify the vehicle's condition and whether it is being sold as-is or with warranties.
  • Consigning a car is more expensive than selling it privately. While consignment involves certain fees, these are often offset by the higher price a consignee can command through professional marketing and sales channels not typically available to private sellers.
  • Consignees won’t actively try to sell my vehicle. Consignees are motivated to sell consigned vehicles promptly because their commission is contingent upon the sale. The agreement often includes marketing efforts as part of the consignment fee.
  • It’s easier to sell the car on your own. Selling a car privately can be time-consuming and challenging, involving negotiations with potential buyers, marketing the vehicle, and managing paperwork. Consigning a car removes these burdens from the seller.
  • The consignment agreement locks your car up for a long time. The agreement specifies the consignment period, which provides a clear timeline for both parties. If the car doesn't sell within this period, the consignor can retrieve their vehicle or enter into a new agreement.
  • If the car is damaged or stolen while on consignment, it’s the consignor’s loss. The consignee agrees to receive the vehicle in trust, and necessary insurance must remain in effect during the consignment period, protecting against such risks.
  • Personal information is at risk with consignment agreements. Reputable consignees handle consignor information with confidentiality and professionalism. The agreement details how information is used, ensuring transparency and trust between parties.

Understanding these aspects of car consignment can help consignors feel more comfortable with the process and dispel any concerns about consigning their vehicle. The consignment agreement is designed to protect both parties’ interests, making it a viable option for those looking to sell their vehicles.

Key takeaways

When it comes to consigning your car for sale, a Car Consignment Form is a crucial document that outlines the agreement between the vehicle owner (consignor) and the party selling the vehicle on their behalf (consignee). Here are seven key takeaways to remember when filling out and using this form:

  • Details Matter: Make sure all information about the vehicle is accurately reflected, including the year, make, model, VIN, and any special features or conditions such as exterior color, navigation systems, or leather seats. This ensures clarity and prevents any misunderstandings.
  • Clear Consignment Period: The agreement should specify the start and end dates of the consignment period. This timeframe is important for both the consignor and consignee to understand the window in which the vehicle will be sold.
  • Pricing and Approval: The minimum selling price must be agreed upon in advance. Additionally, the consignor should have the final say on any proposed sale to ensure satisfaction with the sale price.
  • Insurance Responsibilities: It’s crucial that the vehicle remains insured under the consignor’s name throughout the consignment period, covering potential damages like theft or fire. Both parties should be clear on who is responsible for maintaining insurance coverage.
  • Accident Disclosure: The consignor is obligated to disclose any previous accidents or damage the vehicle has sustained. Honesty in this area helps manage expectations and avoids legal complications.
  • Commission and Fees: Understand the commission rates, any additional costs for advertising, detailing, or repairs, and how these expenses impact the final amount due to the consignor after the sale. It’s important to have a clear agreement on financial arrangements.
  • Post-Sale Obligations: The agreement should cover the procedure for the consignment's end, including what happens if the vehicle doesn’t sell, as well as the consignee's responsibility to pay off any existing encumbrances on the vehicle upon a successful sale.

By keeping these key points in mind, both the consignor and consignee can foster a transparent, respectful, and legally sound consignment process. As a US-based legal advisor, it's always recommended to carefully review and understand each section of the Car Consignment Form before signing, to ensure that all terms are favorable and protect the interests of both parties involved.

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