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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?

 

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Air Conditioning Power Locks

Keyless Entry No. Remotes: __________

Power Windows Power Seats Power Sunroof

Leather – Color: ____________________

Cloth – Color: _____________________

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Engine: ____________________________

Transmission: _______________________

AWD

FWD

RWD 4WD Navigation DVD system

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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.

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Yes

Yes

Yes

Yes

Yes

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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

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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 Information

Fact Name Description
Exclusive Agreement The form establishes an exclusive consignment agreement, granting the Consignee the right to sell the vehicle.
Consignor's Approval The Consignor retains final approval over any proposed sale of the vehicle.
Insurance Requirement Insurance must remain in effect during the consignment period, covering theft, fire, and liability.
Accident Disclosure The Consignor must disclose if the vehicle has been involved in any accidents or has a branded title.
Commission Structure The form outlines commission rates based on the sale price of the vehicle, including additional costs for advertising and repairs.
Vehicle Return Terms Upon termination of the agreement, the vehicle must be returned to the Consignor or a new agreement must be entered into.
Legal Compliance Failure of the Consignee to comply with the terms may lead to criminal or administrative sanctions under state law.

Car Consignment - Usage Guidelines

Once you have the Car Consignment form in hand, it's essential to fill it out accurately to ensure a smooth consignment process. The information you provide will help establish the terms of the agreement and clarify the responsibilities of both the consignor and consignee. Follow the steps below to complete the form.

  1. Fill in your name(s) in the space provided for the Consignor(s).
  2. Enter the name of the Consignee, along with their address and telephone number.
  3. Specify the vehicle details: Year, Make, Model, VIN, License Plate Number, Odometer reading, and Style.
  4. Indicate the vehicle's exterior color and whether the actual miles are TMU (True Mileage Unknown) or exempt.
  5. Check the appropriate boxes for vehicle features such as Air Conditioning, Power Locks, and others.
  6. Provide details about the engine and transmission, including the drivetrain type (AWD, FWD, RWD, 4WD).
  7. List any additional features such as Navigation, DVD system, and sound system details.
  8. Declare the possession of the title and any lien holder information, if applicable.
  9. Confirm insurance details by providing the agent's name, phone number, insurance company, and policy number.
  10. Answer the questions regarding the vehicle's accident history and condition.
  11. Specify the condition of the vehicle (Excellent, Average, Poor) and any required work.
  12. Agree to the commission rates for the sale of the vehicle, detailing the sale price brackets and associated costs.
  13. List any additional fees that may apply, such as safety inspections or detailing costs.
  14. Provide your contact information including email, address, and phone numbers.
  15. Sign and date the form to finalize your agreement.

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Dos and Don'ts

When filling out the Car Consignment form, follow these guidelines to ensure accuracy and clarity.

  • Do provide complete and accurate information about the vehicle, including make, model, and VIN.
  • Do indicate any existing liens on the vehicle clearly.
  • Do specify the minimum selling price you expect for the vehicle.
  • Do ensure that all contact information is current and correct.
  • Do read the entire agreement carefully before signing.
  • Don't omit any details about the vehicle's condition, including past accidents.
  • Don't forget to check the appropriate boxes regarding the vehicle's history.
  • Don't leave any sections blank unless specified as optional.
  • Don't ignore the commission rates and fees outlined in the agreement.
  • Don't sign the form until you fully understand all terms and conditions.

Common mistakes

  1. Failing to provide complete personal information. It's essential to fill in all required fields, including names, addresses, and contact numbers. Incomplete information can lead to communication issues.

  2. Neglecting to specify the minimum selling price. Without a clear minimum price, there may be misunderstandings about acceptable offers, leading to dissatisfaction later.

  3. Overlooking the vehicle details. Details such as the year, make, model, and VIN are crucial for accurately identifying the vehicle. Missing this information can complicate the selling process.

  4. Not disclosing the vehicle's condition. Failing to indicate if the vehicle has been in an accident or has other issues can result in legal problems down the line.

  5. Ignoring the insurance requirements. It is vital to ensure that insurance coverage is maintained throughout the consignment period. Lack of insurance can lead to significant liabilities.

  6. Leaving out lien holder information. If there is a lien on the vehicle, it must be disclosed. Not doing so could create complications in the sale process.

  7. Failing to understand the commission structure. Consignors should carefully review the commission rates and additional fees to avoid unexpected costs after the sale.

  8. Not indicating the condition of the vehicle accurately. Selecting an incorrect condition category (e.g., excellent, average, poor) can mislead potential buyers and affect the sale price.

  9. Forgetting to sign and date the agreement. An unsigned agreement is not legally binding, which means the consignment may not be enforceable.

  10. Neglecting to read the entire agreement. Skipping over important terms and conditions can lead to misunderstandings and disputes later on.

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