Whether or not the person selling the car is a registered dealer, you, as the dealer, must make sure that the agreement to sell the car on behalf of someone else is written down and signed by both yourself and the person you're selling the car for (the consignor).
If the consignor isn’t a registered dealer, the agreement must clearly show:
1. The name and address of the consignor.
2. Your registration number and the name you are registered under (and real name if it’s different from your registered name).
3. Details about the car: make, model, the year it was made, its color, the Vehicle Identification Number (VIN), and what type of vehicle it is.
4. If it’s a used car, the total distance the car has been driven.
5. If it’s a used car and you don’t know the total distance it’s been driven but can tell how far it was driven until some date in the past, you must state that distance and date, together with a statement that “the total distance the vehicle has been driven is believed to be higher.”
6. If it’s a used car and you don’t know the distance it’s been driven or any past distance/date, you must state that you don’t know and that the distance could be much more than what the odometer shows.
7. How much you will charge the consignor when the car is sold (whether it’s a set amount or a percentage), and a list showing what makes up those charges.
8. An estimate of how much the car might sell for and a minimum price for selling it.
9. The term of the contract (and if applicable, how parties can extend it, or a statement that it cannot be extended).
10. If the contract can be terminated before its term expires, the conditions for ending it early (and any fees, if there are any, for ending it early).
11. It must be clearly indicated that the vehicle is being sold on consignment.
12. All restrictions, limitations, conditions and other obligations imposed on the consignor under the contract (stated in a clear, comprehensible and prominent manner).
13. The agreement must be signed by the consignor and yourself as the salesperson. The consignor should get a copy of the agreement right after they sign it.
14. You must try your best to make sure the consignor gets a copy of the sales agreement as soon as the car is sold.
