A Car Consignment Form is a legal document that establishes an agreement between a vehicle owner (the consignor) and a selling party (the consignee), where the consignee is given the exclusive right to sell the vehicle. It outlines the responsibilities and terms of the arrangement, including details about the vehicle, minimum selling price, commission rates, and the period of the agreement. This form plays a crucial role in ensuring that both the consignor's and consignee's interests are protected during the sale process.
In the intricate dance of buying and selling used vehicles, the Car Consignment Form plays a pivotal role, acting as the choreographer that ensures every step proceeds smoothly and transparently. This document meticulously outlines the agreement between a vehicle owner (the Consignor) and a dealership or agent (the Consignee), granting the latter the exclusive rights to sell the vehicle. It details the obligations and commitments of both parties, setting the stage for a minimum selling price and outlining the specifics of the vehicle in question, including make, model, and condition. Additionally, it stipulates the vehicle's insurance requirements during the consignment period and addresses the rightful ownership and potential liens that could affect the sale. Commission rates and any additional fees are clearly defined, ensuring that there are no surprises for either party. The agreement also includes safeguards regarding vehicle condition, accident history, and warranties, thus providing a comprehensive framework that underscores fairness and accountability. By setting the terms of the sale, duration of the agreement, and mutual expectations, the Car Consignment Form not only protects the interests of both consignor and consignee but also promotes a level of professionalism and confidence in the used vehicle market.
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.
After deciding to consign your vehicle, it's essential to accurately fill out the Car Consignment Form to ensure a smooth process. This form is a binding agreement between you (the consignor) and the consignee (the entity or individual responsible for selling the vehicle on your behalf). By accurately completing this form, both parties will clearly understand their rights, responsibilities, and the specifics of the consignment agreement, including the vehicle details, consignment period, commission rates, and other essential terms.
Once the form is filled out and signed, you've taken the first step in consigning your vehicle. The written agreement will serve as a reference for both parties throughout the consignment period. It's crucial to keep a copy for your records. Should any questions or concerns arise, or if you believe the consignee has not adhered to the terms, consulting with the Department of Motor Vehicles or seeking legal advice may be appropriate.
What is a Consignment Agreement?
A Consignment Agreement is a contract where the owner of the vehicle (the Consignor) agrees to give their vehicle to another party (the Consignee), usually a dealership, to sell on their behalf. The agreement outlines that the vehicle’s ownership remains with the Consignor until the sale is made.
Who are the Consignor and the Consignee?
The Consignor is the individual or entity that owns the vehicle and is seeking to sell it through consignment. The Consignee is the dealership or person tasked with selling the vehicle on behalf of the Consignor.
How does the pricing work in a Consignment Agreement?
The agreement sets a minimum selling price for the vehicle, as agreed upon by both the Consignor and the Consignee. The Consignor maintains the final say in any proposed sale price, ensuring they agree to the sale amount before the deal is finalized.
What happens if the vehicle doesn’t sell within the agreement term?
If the vehicle does not sell by the end of the term specified in the Consignment Agreement, the Consignor has two options: they can retrieve their vehicle or enter into a new agreement with the Consignee for a continued attempt to sell.
Are there any fees involved?
Yes, the agreement outlines specific commission rates and costs for the Consignee based on the sale price of the vehicle. Additional fees may include advertising outside of specified platforms, detailing, safety inspection, repair work, or offered warranty plans, which are not covered in the commission fee.
Who is responsible for the vehicle’s insurance during the consignment period?
The agreement requires that comprehensive and liability insurance on the vehicle remain in effect, under the Consignor’s name, throughout the consignment period, ensuring the vehicle is covered against theft, fire, or other damages while with the Consignee.
What if the vehicle requires repairs during the consignment period?
Should the vehicle need repairs while under consignment, the Consignee must notify the Consignor and receive their approval before any work begins. The costs for these repairs will be deducted from the net amount due to the Consignor from the sale of the vehicle.
What happens if the Consignor wants to end the agreement early?
The Consignor is allowed to remove their vehicle from the Consignee’s premises with prior notice, usually specified within the agreement. However, they may be responsible for covering the costs of advertising, detailing, inspections, and repairs incurred up to that point.
Filling out a Car Consignment form can sometimes be tricky, and mistakes are easy to make. These mistakes can lead to misunderstandings, delays in selling your vehicle, and even financial losses. One common mistake is not clearly identifying the consignor and consignee. This is crucial as it defines who is responsible for the vehicle during the consignment period. The names and contact information should be filled out in full, ensuring there are no ambiguities about the parties involved.
Another frequent error is failing to specify the vehicle details accurately. The form requires information about the make, model, VIN, and more. Overlooking these details or providing incorrect information can cause significant issues, especially if there’s a dispute about the vehicle's condition or authenticity. Being meticulous with this information safeguards both the consignor and consignee.
Many also neglect to detail the vehicle's condition accurately, including its accident history and existing damage. It's tempting to omit certain facts to make the vehicle seem more appealing but being honest and transparent is crucial. This ensures that all parties have the same expectations about the vehicle's value and can prevent legal disputes down the line.
Agreeing to the consignment terms without fully understanding them, including the commission rates and any additional fees, is another error to avoid. It's essential to know exactly what costs are involved and how they will affect the final amount you receive from the sale of your vehicle. Ignorance of these terms can lead to unexpected expenses that reduce your profit.
Failure to maintain proper insurance on the vehicle while it is under consignment is a common oversight. The consignment agreement specifies that comprehensive and liability insurance must be kept in effect throughout the period. Neglecting this requirement not only puts you at risk but also violates the agreement, potentially leading to financial liability in case of damage or theft.
Lastly, a significant mistake is not clarifying the end date of the consignment agreement or the conditions under which the vehicle will be returned if unsold. This detail is crucial for planning and ensures that both parties have clear expectations about the duration of the agreement. Without specifying this, the vehicle could remain unsold and in limbo for an indefinite period, which is unfavorable for the consignor.
When you're engaging in a car consignment, there are several important documents and forms that often complement the Used Vehicle Consignment Agreement. These documents play various roles, from verifying the condition and ownership of the vehicle to ensuring all legal and financial aspects are addressed. Let's explore some of these key documents.
Together, these documents ensure that the car consignment process is transparent, legal, and fair for both the consignor and the consignee. By carefully managing and completing these forms, parties involved in a consignment sale can protect their interests, comply with state and federal regulations, and facilitate a smooth transition of the vehicle to its new owner.
A Real Estate Consignment Agreement shares similarities with the Car Consignment form as it outlines the terms under which a property is to be sold on behalf of the owner by an agent or a third party. Both documents specify the duration of the agreement, commission rates, and the obligations of each party to maintain the item (vehicle or property) in good condition during the consignment period.
An Art Consignment Agreement parallels the structure of the Car Consignment form by detailing the relationship between the artist (consignor) and the gallery (consignee). It covers the exhibition period, insurance requirements, and commission structure, much like the automobile agreement delineates specifics around the sale, insurance, and fees.
The Equipment Consignment Agreement is akin to the Car Consignment form as both outline the consignment of high-value items. They cover the conditions under which the items are to be kept, specific details about the item(s) being consigned, pricing strategy, and the distribution of proceeds from the sale.
A Boat Consignment Agreement is similar to its automotive counterpart, focusing on the consignment of watercraft. Both forms include information such as the make, model, and condition of the consigned item, insurance requirements, and terms of sale, including minimum price and commission rates.
The Furniture Consignment Agreement mirrors the structure of the Car Consignment form by outlining the terms under which furniture is sold on consignment. Both documents detail the responsibilities of the consignee to sell the items at an agreed-upon price and within a specified timeframe, including condition and insurance stipulations.
A Jewelry Consignment Agreement is comparable to the Car Consignment form because it specifies the consignment terms for high-value, personal items. Both agreements include detailed item descriptions, condition reports, pricing strategies, insurance coverage, and the consignor's rights to final sale approval.
An Antique Consignment Agreement is similar in that it involves the consignment of valuable, often rare items, stipulating the terms of sale, responsibilities for loss or damage, and the consignee's commission. Both this and the Car Consignment form require detailed descriptions of the consigned items and condition assessments.
The Fashion or Apparel Consignment Agreement shares similarities with the Car Consignment form by outlining how clothing or accessories are to be sold. Key parallels include inventory lists, condition of items, specifics on pricing and commissions, and insurance obligations to safeguard against loss or damage.
A Collectibles Consignment Agreement is akin to the Car Consignment form in that it pertains to the sale of unique or rare items, ranging from sports memorabilia to vintage toys. Both agreements typically include thorough descriptions of the items, condition verification, agreed-upon minimum selling prices, and detailed commission structures.
The Electronics Consignment Agreement resembles the Car Consignment form as it covers the consignment of high-value electronic devices. Similarities include the importance of specifying the make, model, and condition of the consigned items, setting prices, and understanding the roles and responsibilities of the consignee and consignor regarding the sale and insurance of the items.
When filling out a Car Consignment form, paying attention to detail is crucial for both the consignor (the person owning the vehicle) and the consignee (the entity selling the vehicle on the consignor's behalf). To ensure clarity, accuracy, and the protection of all parties involved, here are some essential dos and don'ts:
By adhering to these straightforward guidelines, the process of consigning a vehicle can be smooth and free of misunderstandings, ensuring a positive experience for both the consignor and consignee.
Understanding the intricacies of a Car Consignment form can often seem daunting, leading to several misconceptions. Clearing up these misunderstandings not only simplifies the process but ensures that both consignors and consignees approach the transaction with clear expectations.
Misconception 1: The vehicle is sold to the consignee.
Many believe that consigning a vehicle equates to selling it directly to the consignee. However, the reality is that the consignee acts as an agent, facilitating the sale of the vehicle on behalf of the consignor without actually purchasing it themselves.
Misconception 2: The consignor loses all control over the sale.
Contrary to this belief, consignors retain significant control, including setting a minimum selling price and having final approval on any proposed sale, ensuring their interests are protected throughout the transaction.
Misconception 3: The consignor must pay for advertising costs upfront.
A common misunderstanding is that advertising and promotional costs are the consignor's responsibility from the beginning. Instead, many of these expenses are typically included in the commission cost, with some exceptions based on the value of the vehicle and the platforms used.
Misconception 4: Consignees are responsible for any damages incurred during the agreement.
It's often erroneously believed that the consignee will cover damages such as fire, theft, or vandalism that occur while the vehicle is under their care. The truth is, the consignor must ensure that comprehensive and liability insurance remain in effect, as the consignee is not held liable for such damages.
Misconception 5: There are no further costs after the sale is made.
Misconception 6: Consignors are free to remove their vehicle from the consignee's premises at any time.
Some believe that removing the consigned vehicle from the consignee's lot can be done on a whim. In reality, removal requires advance notice, typically of several hours, and must be done during specific hours or by appointment, with any incurred costs settled at the time of removal.
Misconception 7: The consignment agreement is automatically renewable.
A belief exists that the consignment agreement will roll over into a new term if the vehicle does not sell. However, the agreement specifies a start and end date. Should the vehicle remain unsold, a new agreement must be explicitly entered into.
Misconception 8: The consignor is not liable for any post-sale legal claims.
There's a misunderstanding that once the vehicle is sold, the consignor's liability ends entirely. Yet, the agreement outlines that the consignor must indemnify the consignee against all claims related to the vehicle, a responsibility that extends beyond the termination of the agreement.
Demystifying these misconceptions ensures a smoother consignment process, where both parties are well-informed and prepared for their respective responsibilities and rights.
When filling out and using a Car Consignment form, it is crucial to understand both your rights and obligations as the vehicle owner (Consignor) entrusting your vehicle to a dealership or agent (Consignee) for sale. Here are four key takeaways to guide you through this process:
By keeping these key points in mind, you can ensure a smoother car consignment process, safeguarding your interests while aiming for a successful sale of your vehicle.
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