Commission agreement for the sale of a car sample

agreement
for the sale of car N _____

g. _____________
"___"__________ ____ g.

_____________________________, (name), hereinafter referred to as _____________
(position, full name)
“Commission Agent”, represented by ______________________, acting___ on the basis of
______________________, on the one hand, and
_____________________________, (name), hereinafter referred to as
(position, name) .I.O.)
“Committent”, represented by ______________________, acting___ on the basis of
______________________, on the other hand, and collectively referred to as the “Parties”,
have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1.
Under this Agreement, the Commissioner undertakes, on behalf of the Principal, to complete a transaction for the sale of a car brand ____________________, model ____________________, _______________, year of manufacture _________, registration number ____________ (hereinafter referred to as the “Car”) on his own behalf, but at the expense of the Principal, who in turn undertakes pay the Commissioner a commission in the amount provided for in clause 3.1 of this Agreement. 1.2.
Under a transaction concluded by the Commission Agent with a third party, the Commission Agent acquires rights and becomes obligated, even if the Principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. 1.3.
The car received by the Commissioner from the Principal is the property of the latter. 1.4.
The car specified in clause 1.1 of this Agreement must be sold at a price not lower than ______ (____________) rubles. 1.5.
The order specified in clause 1.1 of this Agreement must be executed by the Commissioner no later than “___”___________ ____ 1.6. The car is transferred to the Commissioner within _____ days from the date of conclusion of this Agreement by ______________________________.

2. Rights and Obligations of the parties

2.1.
The commission agent is obliged: 2.1.1.
Execute the assigned order in accordance with the instructions of the Principal on the most favorable terms for him. 2.1.2.
Upon execution of the order, submit a report to the Principal and transfer to him all funds received for the Car within _____ days from the date of receipt. 2.1.3.
Take measures necessary to ensure the safety of the Principal's Car. 2.1.4.
Insure the Principal's Car, transferred by him for the performance of this Agreement. 2.1.5.
Reimburse the Principal for the difference in price if the Car is sold at a price lower than agreed upon with the Principal, unless he proves that he did not have the opportunity to sell the Car at the agreed price and the sale at a lower price prevented even greater losses. 2.1.6.
If a third party fails to fulfill a transaction concluded with him by the Commissioner, immediately notify the Principal about this, collect the necessary evidence, and also, at the request of the Principal, transfer to him the rights under such a transaction in compliance with the rules on assignment of claims. 2.2.
The commission agent has the right: 2.2.1.
Derogate from the instructions of the Principal if, under the circumstances of the case, this is necessary in the interests of the Principal and the Commissioner could not first request the Principal or did not receive a response to his request within a reasonable time. The commission agent is obliged to notify the Principal of any deviations as soon as notification becomes possible. 2.2.2.
In order to execute this Agreement, enter into a subcommission agreement with another person, remaining responsible for the actions of the subcommissioner to the Principal. Until the termination of this Agreement, the Principal does not have the right, without the consent of the Commissioner, to enter into direct relations with the sub-commissioner. 2.3.
The principal is obliged: 2.3.1.
Accept from the Commissioner everything fulfilled under this Agreement. 2.3.2.
Release the Commissioner from the obligations assumed by him to a third party for the execution of a commission order. 2.3.3.
In case of objections to the Commissioner's report, inform the Commissioner about them within _____ days from the date of receipt of the report. 2.3.4.
Pay the Commission Agent remuneration for services rendered in the manner and amount established by Section 3 of this Agreement. 2.3.5.
Reimburse the Commissioner for the amounts spent by him in executing the order. 2.3.6.
In case of cancellation of the order under this Agreement, within ____ days, dispose of your Car under the control of the Commission Agent. Otherwise, the Commission Agent has the right to deposit the Car at the expense of the Principal or sell it at the most favorable price for the Principal. 2.4.
The principal has the right: 2.4.1. At any time, refuse to fulfill this Agreement by canceling the order given to the Commissioner, notifying the Commissioner no later than ____ calendar days, with compensation for losses to the Commissioner caused by the cancellation of the order, as well as reimburse the Commissioner for expenses incurred before the termination of this Agreement.

3. Financial conditions and payment procedure

3.1.
The commission remuneration to the Commissioner for the execution of the order is in the amount of ______ (____________) rubles. 3.2.
If this Agreement is not fulfilled for reasons depending on the Principal, the Commission Agent retains the right to a commission, as well as reimbursement of expenses incurred. 3.3.
If the Commission Agent makes a transaction on terms more favorable than those specified by the Principal, the additional benefit goes to the Commission Agent's income. 3.4.
The principal, in addition to paying the commission, reimburses the commission agent for the amounts spent by him on the execution of the commission order. 3.5. The commission and amounts spent by the Commissioner to execute the Principal's instructions must be paid to the Commissioner within _______ from the date of his submission to the Principal of a written report on the execution of the order.

4. Responsibility of the Parties and force majeure circumstances

4.1.
For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties bear responsibility under the current legislation of the Russian Federation. 4.2.
The commission agent is responsible to the Principal for the loss, shortage or damage to the Principal's Car in his possession. 4.3.
A commission agent who does not insure the Principal's Car in his possession is liable for its loss, shortage or damage. 4.4.
The commission agent is not liable to the Principal for the failure of a third party to fulfill a transaction concluded with him at the expense of the Principal, except in cases where the Commission Agent did not show the necessary caution in choosing this person or accepted a guarantee for the execution of the transaction (del credere). 4.5.
In case of violation of the terms of execution of the order, the Principal has the right to demand payment of a fine (penalty) in the amount of ____% of the amount of the Commissioner's commission for each day of delay. 4.6.
In case of late payment of the commission fee by the Principal, the Commissioner has the right to demand payment of a fine (penalty) in the amount of ____% of the amount not paid on time for each day of delay. 4.7.
Payment of fines (penalties) does not relieve the Parties from fulfilling their obligations under this Agreement. 4.8.
The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent. 4.9.
If the circumstances specified in clause 4.8 of this Agreement occur, each Party must immediately notify the other Party about them in writing. 4.10.
The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under this Agreement. 4.11.
In the event of the occurrence of the circumstances provided for in clause 4.8 of this Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply. 4.12. If the circumstances listed in clause 4.8 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.

5. Dispute resolution

5.1.
All disputes and disagreements that may arise during the implementation of the terms of this Agreement, the Parties will strive to resolve through negotiations. 5.2. Disputes that are not resolved through negotiations are resolved in court, established by the current legislation of the Russian Federation.

6. Duration of the Agreement.
Procedure for amending and terminating the Agreement

6.1.
This Agreement comes into force from the moment it is signed by both Parties and is valid in accordance with “___”___________ ____ 6.2. The terms of this Agreement may be changed by mutual agreement of the Parties by signing a written agreement.

7. Final provisions

7.1.
All changes and additions to this Agreement must be made in writing and signed by authorized representatives of the Parties. 7.2.
The parties undertake to notify each other in writing of changes in details, addresses and other significant changes. 7.3.
This Agreement is drawn up in two copies having equal legal force, one for each of the Parties. 7.4.
Neither Party has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party. 7.5. In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

8. Signatures of the Parties

Principal Commission agent
___________ "______________________" ___________ "_______________________"
Legal/postal address: ________ Legal/postal address: _________
____________________________________ _____________________________________
INN/KPP ____________________________ INN/KPP _____________________________ Main state state

registration number ________________________________ Current account _____________________ Current account ______________________
in ____________________________ bank in _____________________________ bank
K/ s ________________________________ Cash account _________________________________
BIC ________________________________ BIC _________________________________
Phone: ___________________________ Phone: ____________________________
Fax: ______________________________ Fax: ______________________________
Email address: ___________ Email address: ____________

__________________/_________________ __________________/__________________
(signature) (full name) (signature) (full name)

———————————
Information for information:
From 04/07/2015, business companies are not required to have a seal (Federal Law dated 04/06/2015 N 82-FZ “On amendments to certain legislative acts of the Russian Federation regarding the abolition of the obligation seals of business companies").

Commission agreement for the sale of a car

A commission agreement is used when selling and reselling a car with the help of an intermediary. A number of car owners and car sellers consider this method the most convenient for all parties to the transaction. But before you start processing, it is recommended to learn about the features of filling out such a document, as well as about the possible risks.

What it is?

A commission agreement is an agreement between the owner of the vehicle and a third party willing to act as a seller. This intermediary assumes all responsibility associated with the sale of the vehicle. He independently looks for a buyer, draws up a purchase and sale agreement, freeing the owner from all such hassle. In this case, the seller receives up to 5-6% of the funds paid. The intermediary's commission is negotiated separately and is specified in the agreement with the car owner.

An agreement is necessary to fully define the rights and obligations of both parties. The document specifies the deadline by which the vehicle must be sold, indicates the minimum price and the conditions for its reduction (or increase), the percentage of the intermediary and the conditions for terminating the agreement. Legal entities usually act as intermediaries; it is not recommended to contact private dealers. The main purpose of concluding an agreement is to save time and effort for the owner of the car being sold.

Formalization of the agreement

The law does not stipulate the form of the commission agreement, but there are a number of recommendations for its preparation and completion. Each company has ready-made agreement forms. But owners should check all the points themselves. If necessary, the owner of the car is obliged to demand the inclusion of additional clauses in the commission agreement, or correction of existing ones. In case of refusal, it makes sense to look for another intermediary. It is desirable that the prepared document contain the following information :

name - “Commission Agreement”, with agreement number;
date and place of signing the document;
information about the parties to the agreement:
- the owner of the car indicates his full name, residential address, number and series of passport;
- the seller is given his details: the full name of the organization, its type (joint stock company, limited liability company, etc.), TIN number, who is responsible for the implementation of the commission agreement;
- It is also indicated here that the person giving the car for sale (the owner) is called the principal, and the intermediary is called the commission agent;
description of the commission agreement:
- the commission agent undertakes to conduct the transaction on behalf of the principal;
- all rights and obligations related to its completion are transferred to the commission agent, but the details of the principal are indicated in the sale and purchase agreement;
- it is necessary to clarify under what conditions the agreement will be implemented;
- the conditions for its termination are also given;
The responsibilities of the parties are listed separately:
- responsibilities of the committent:
  - accurately describe the car and indicate any deficiencies;
  - pay the commission agent a certain percentage of the additional profit (additional profit is the amount received in excess of the value specified in the agreement);
  - pay the amount specified in the document for the execution of the commission agreement for the sale of a car. It is recommended to clarify that if the termination was carried out due to the fault of the principal, the intermediary receives a commission for the transaction;
- duties of a commission agent:
  - conscientiously inspect and accept the car in the form in which the principal handed it over;
  - execute the contract on terms favorable to the principal and not inconsistent with the terms of the agreement and current laws;
  - do not hide information about the transaction from the principal;
the rights of the owner and intermediary are indicated. The owner has the right to demand any information about the progress of the transaction and terminate the contract unilaterally. The intermediary may require additional payment for completing a transaction on favorable terms. He may also request a commission upon termination of the contract if the termination was not due to his fault;
a description of the subject of the agreement is given:
- information about the car (make and model, engine type and size, color, dimensions, etc.);
- minimum price for a vehicle;
- conditions for increasing or decreasing prices;
- here you can indicate where the contract will be executed and how long it will take to complete it;
After fulfilling the terms of the transaction, the parties are obliged to:
- the commission agent must transfer the received payment to the principal within 3 calendar days;
- the committent, in turn, undertakes to accept the payment or explain in writing why he is not satisfied with the amount received. If this was not done within 5 calendar days, the contract is considered fulfilled;
tax payment information:
- the intermediary pays tax only on commissions and additional premiums for profitable sales of cars;
- the owner must pay the entire tax amount for the sale and registration of the transaction. But this does not apply to those who have owned the car for 3 or more years. They are not subject to sales tax;
clause on mutual or unilateral claims. It is worth pointing out that claims are made in writing, with full justification. Unfounded claims and demands may be rejected. All disputes can be resolved by contract or by a court decision;
the commission agreement ends with the signatures of the parties.

The commission agreement may be supplemented by a number of conditions, descriptions and references (to other documents, legislative acts, etc.). If, before concluding a commission agreement, a car was inspected, it is recommended that this be recorded in writing (in the appropriate act). It is also worth drawing up an act of acceptance and transfer of documentation (STS, PTS), and provide a link to it in the main agreement.

How to sell a car under a commission agreement?

Selling a car under a commission agreement has its own characteristics. First, you must first choose a suitable intermediary . By law, any organization has the right to be one. Car owners should be wary of various scammers. It is recommended to read reviews about the company or dealer (we must not forget about the possibility of falsifying reviews).

Next, you need to deregister the car with the traffic police. By law, this procedure is optional. But it confirms the fact that the car is not listed as stolen, is not pawned and is not under arrest. Then a commission agreement for the sale of the car is drawn up. Before signing, you must read all the points in the agreement, since the signed document will be valid even if the owner is not satisfied with its terms.

When completing the agreement, the following documents will be required :

Car registration certificate (CTC) and registration certificate (PTS);
Certificate of acceptance and transfer of documents (the mentioned STS and PTS of the car are indicated here);
Vehicle inspection report (it includes information about existing damage and malfunctions of the vehicle, its mileage and general condition);

It is better not to contact an intermediary who requires the preparation of a purchase and sale agreement. It can be used to sell a car and make a profit, bypassing the owner. After completing the necessary documents and signing the commission agreement, nothing else depends on the owner. Now all responsibility for the transaction lies on the shoulders of the intermediary.

Advantages and disadvantages of selling a car under a commission agreement

The commission agreement has a number of advantages and disadvantages. You should resort to it wisely, having assessed the possible risks and benefits. Among the advantages of the method it should be noted:

ease of sale, compared to independently searching for a buyer and concluding an agreement with him;
possibility of obtaining greater profits. An experienced dealer will be able to sell a car for a high price. The owner will receive a large amount even taking into account commissions;
The procedure for selecting and purchasing a car is simplified for potential buyers. The same applies to the preparation of documents and the conclusion of an agreement with the seller.

The commission agreement also has its drawbacks. Among the seller's risks it is worth noting:

risks associated with unscrupulous intermediaries. There are certain types of fraud associated with commission agreements. At the same time (for the owner) it is difficult to return the car or the money for it. Therefore, you can only enter into a commission agreement with a well-known and reliable intermediary;
additional expenses - commission agent's fee and deregistration of the car. However, it is not always possible to cover them.

There are risks for the potential buyer . The most common is the intermediary’s violation of agreements with the car owner. In this case, the owner may request that the transaction be cancelled. And the buyer will have to independently seek a return of the money spent. The worst thing is if the commission agreement was concluded fraudulently, and the owner did not intend to sell the car (for example, his signature on the agreement is a fake). In this case, the buyer may be accused of fraud as an accomplice.

Commission agreement for the purchase of a car

______________ "___"_________ 201_

LLC "________________________", hereinafter referred to as the "Committent", represented by the General Director _______________________, acting on the basis of the Charter, on the one hand, and LLC "______________________________", hereinafter referred to as the "Commissioner", represented by the General Director ________________________________, acting on the basis of the Charter , on the other hand, have entered into this commission agreement, hereinafter referred to as the “Agreement”, as follows:

1. SUBJECT OF THE AGREEMENT
1.1.
Under this agreement, the Commission Agent undertakes to purchase (conclude a car purchase and sale agreement) on behalf of the Principal, a car of the brand __________________________ (hereinafter referred to as the “Goods”) on his own behalf, but at the expense of the Principal. In turn, the Principal undertakes to pay the Commission Agent a remuneration for the completed order. 1.2.
The car specified in clause 1.1 of the contract must be purchased at a price not exceeding _____________________. 1.3.
The Commission Agent undertakes to execute the accepted order on the terms most favorable to the Principal. 1.4. Information about the car must be indicated in the form given in Appendix No. 1.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1.
The commission agent is obliged: A) to purchase a car on the terms most favorable to the Principal, including at a price not higher than the latter assigned to him;
B) in order to fulfill this agreement, enter into a purchase and sale agreement with the seller of the car;
C) fulfill all obligations and exercise all rights under transactions made with third parties under this commission agreement;
D) fulfill obligations to purchase a car for the Principal within the time limits established by an additional agreement of the parties in writing;
E) notify the Principal of a violation by a third party of the terms of the transaction concluded with him by the Commissioner under the Agreement and additional agreements thereto;
E) be liable to the Principal for the loss, shortage or damage to the Principal's property in his possession if the loss, shortage or damage occurred through his fault;
G) take measures to protect the rights of the Principal to his property held by the Commissioner;
H) submit to the Principal a report on the work performed and transfer to him everything received under the commission agreement;
I) take measures necessary to ensure the safety of the Principal’s property.
2.1.1.
The commission agent has the right to refuse to fulfill this Agreement. In this case, the Commission Agent must notify the Principal of the termination of the Agreement no later than 30 calendar days in advance. 2.2.
The commission agent has the right to withhold the remuneration due to him under the contract and the amounts spent by him on the execution of the commission order from the funds received by him from the Principal for the purchase of a car. 2.3.
The commission agent has the right to retain the car in his possession, which is subject to transfer to the Principal or a person specified by the Principal to secure his claims under the Agreement. 2.4.
The principal also has the right to enter into a subcommission agreement for the purpose of executing this agreement. 2.5.
The principal is obliged: 2.5.1.
accept from the Commissioner everything purchased under the Agreement; 2.5.2.
reimburse the Commissioner for the difference in cost if the car was purchased at a price higher than that set by the Principal, unless he proves that it was not possible to purchase the car at the appointed price; 2.5.3.
pay the Commission Agent remuneration for services rendered in the amounts specified in this commission agreement (in additional agreements); 2.5.4.
reimburse the Commissioner for the amounts spent by him on the execution of the order; 2.5.5.
to pay the Commission Agent a remuneration for transactions made by him, in case of cancellation of the order, to reimburse the Commissioner for the expenses incurred by him before the cancellation of the order. 2.6.
The Principal has the right at any time to refuse to execute this Agreement by canceling the order given to the Commissioner, notifying the Commissioner no later than 30 calendar days in advance with compensation for losses to the Commissioner caused by the cancellation of the order. In this case, the Principal is obliged to pay the Commission Agent remuneration for transactions made by him before the termination of this agreement, as well as reimburse the Commissioner for expenses incurred before the termination of this agreement. 2.7.
In the event of liquidation or reorganization of the Principal, his order remains valid for the Commissioner until appropriate instructions are received from the legal successors or representatives of the Principal. 2.8.
If the Commission Agent refuses to execute an accepted order due to a violation of the Agreement by the Principal, he has the right to receive both compensation for expenses incurred and a commission. 2.9. The Principal's creditors, who enjoy priority over the mortgagees in terms of the order of satisfaction of their claims, are not deprived of the right to satisfy these claims from the amounts withheld by the Commissioner.

3. CALCULATIONS AND RESPONSIBILITY UNDER THE AGREEMENT
3.1.
For the execution of instructions under this commission agreement, the Principal undertakes to pay the Commission agent a commission in the amount of _________ (___________________________) rubles. 3.2.
If the Commission Agent ensures the sale of the Goods on more favorable terms for the Principal than agreed upon by the parties, the Principal shall pay the Commission Agent __________ percent of the benefit received as an additional remuneration. 3.3.
When concluding a corresponding agreement with the buyer, the Commission Agent undertakes to act in the interests of the Principal. 3.4.
The remuneration is transferred by the Principal by payment order to the Commissioner's current account after he provides a report on the execution of the order. 3.5.
In the event of non-fulfillment or improper fulfillment of obligations by one of the parties under the Agreement, it is obliged to compensate the other party for losses caused by such non-fulfillment. 3.6. Failure of one of the parties to fulfill the terms of this commission agreement, which leads to material losses of the other party, entails the application of penalties to the guilty party in the amount of damage caused and may serve as the basis for early termination of the agreement at the initiative of a bona fide party.

The entire sample commission agreement for the purchase of a car is in the attached file.

Commission agreement for the purchase of a car

Sample document:

COMMISSION AGREEMENT N ____ for the purchase of a car

__________________ "___"__________ ____

_________________________, hereinafter referred to as the “Principal”, represented by _____________________________, acting__ on the basis of _____________, on the one hand, and ________________________, hereinafter referred to as the “Commission Agent”, represented by __________________________, acting__ on the basis of ________________, on the other hand, together referred to as the “Parties” , have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.2. The car specified in clause 1.1 of this Agreement must be purchased at a price not exceeding _____________ (_____________) rubles.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The commission agent is obliged:

2.1.1. Execute the order in accordance with the instructions of the Principal and the terms of this Agreement.

2.1.2. Purchase a car on the terms most favorable to the Principal, including at a price not higher than that established in clause 1.2 of this Agreement.

2.1.3. In order to fulfill this Agreement, enter into a purchase and sale agreement with the seller of the car.

2.1.4. Fulfill all obligations under the car purchase and sale agreement concluded with the car seller.

2.1.5. Fulfill the obligation to purchase a car for the Principal within the time limits established in this Agreement.

2.1.6. Notify the Principal about the violation by the car seller of the terms of the transaction concluded with him by the Commissioner under this Agreement, collect evidence, and also, at the request of the Principal, transfer to him the rights under such a transaction in compliance with the rules on the assignment of claims.

2.1.7. Be responsible to the Principal for the loss, shortage or damage of the car purchased for the Principal if the loss, shortage or damage occurred through his fault.

2.1.8. Take measures to protect the Principal's rights to his property held by the Commissioner.

2.1.9. Submit to the Principal a report on the execution of the order within the period _____________ and transfer to him the car purchased under this Agreement.

2.1.10. Take measures necessary to ensure the safety of the vehicle purchased under this Agreement.

2.1.11. Reimburse the Principal for the difference in cost if the car was purchased at a price higher than that established in clause 1.2 of this Agreement, unless he proves that it was not possible to purchase the car at the established price.

2.2. The commission agent has the right:

2.2.1. To deviate from the instructions of the Principal if, under the circumstances of the case, this is necessary in the interests of the Principal and the Commissioner could not first request the Principal or did not receive a response to his request within ______ (________) period. The commission agent is obliged to notify the Principal of any deviations as soon as notification becomes possible.

A commission agent acting as an entrepreneur may be granted by the Principal the right to deviate from his instructions without prior request. In this case, the Commission Agent is obliged to notify the Principal of the deviations made within a reasonable time, unless otherwise provided by the commission agreement.

2.2.2. Demand compensation for losses caused by cancellation of the order by the Principal (clause 2.4.1 of this Agreement).

2.2.3. Refuse to execute this Agreement. In this case, the Commission Agent must notify the Principal of the termination of the Agreement no later than __________ (____________) days.

The minimum period is 30 days (clause 1 of Article 1004 of the Civil Code of the Russian Federation).

2.2.4. Withhold the remuneration due to him under this Agreement and the amounts spent by him on the execution of the commission order from all amounts received by him at the expense of the Principal.

2.2.5. Hold the car in his possession, which is subject to transfer to the Principal or a person specified by the Principal to secure his claims under this Agreement.

2.2.6. Conclude a subcommission agreement for the purpose of executing this Agreement.

2.3. The principal is obliged:

2.3.1. Accept from the Commissioner the car purchased under this Agreement.

2.3.2. Pay the Commission Agent remuneration for the execution of the order in the amount established by this Agreement.

2.3.3. Reimburse the Commissioner for the amounts spent by him on the execution of the order.

2.3.4. In case of cancellation of the order, reimburse the Commissioner for expenses incurred before the cancellation of the order.

2.4. The principal has the right:

2.4.1. At any time, refuse to fulfill this Agreement by canceling the order given to the Commissioner, notifying the Commissioner no later than _______ (_______) days, with compensation for losses to the Commissioner caused by the cancellation of the order. In this case, the Principal is obliged to reimburse the Commission Agent for the expenses incurred before the termination of this Agreement.

The minimum period is 30 days (clause 2 of Article 1003 of the Civil Code of the Russian Federation).

2.4.2. Give instructions to the Commissioner to carry out the assignment.

2.5. In the event of liquidation or reorganization of the Principal, his order remains valid for the Commissioner until appropriate instructions are received from the legal successors or representatives of the Principal.

2.6. If the Agreement is not fulfilled for reasons depending on the Principal, the Commission Agent retains the right to a commission, as well as reimbursement of expenses incurred.

2.7. The Principal's creditors, who enjoy priority over mortgagees in terms of the priority of satisfying their claims, are not deprived of the right to satisfy these claims from the amounts withheld by the Commission Agent (clause 2.2.4 of this Agreement).

3. COMMISSION AND SETTLEMENTS UNDER THE AGREEMENT

3.1. For the execution of instructions under this Agreement, the Principal undertakes to pay the Commission Agent a commission in the amount of _________ (____________) rubles. (_____% of the price agreed upon by the Parties in clause 1.2 of this Agreement).

3.2. If the Commission Agent ensures the sale of the Goods on more favorable terms for the Principal than agreed upon by the Parties, the Principal shall pay the Commission Agent ________% of the benefit received as an additional remuneration.

3.3. The remuneration is transferred by the Principal by payment order to the settlement account of the Commissioner within ______________ days from the date of submission of the report on the execution of the order (clause 2.1.9 of this Agreement).

3.4. The Principal shall reimburse the Commission Agent for all expenses incurred by the latter to execute the order under this Agreement within the period established for the payment of remuneration (clause 3.3 of this Agreement).

4. RESPONSIBILITY OF THE PARTIES

4.1. In the event of failure or improper performance by one of the Parties of its obligations under this Agreement, it is obliged to compensate the other Party for losses caused by such failure.

4.2. For failure to fulfill or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation and the terms of this Agreement.

4.3. If the Commissioner fails to fulfill the order within the time period established by clause 1.1 of this Agreement, the Principal has the right to present the Commissioner with a demand for payment of a penalty in the amount of _____ (_________________) rubles for each day of delay.

4.4. In case of violation by the Principal of the terms of payment of remuneration and/or reimbursement of expenses established by clauses 3.3, 3.4 of this Agreement, the Commission Agent has the right to present to the Principal a requirement to pay a penalty in the amount of ____% of the amount unpaid on time for each day of delay.

5. PRIVACY

5.1. The terms of this Agreement and agreements (protocols, etc.) thereto are confidential and are not subject to disclosure.

5.2. The Parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other Party, do not inform third parties about the details of this Agreement and its annexes.

6. DISPUTE RESOLUTION

6.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations.

6.2. If controversial issues are not resolved during negotiations, disputes are resolved in court, established by the current legislation of the Russian Federation.

7. TERMINATION OF THE AGREEMENT

7.1. This Agreement is terminated:

— if the Principal refuses to fulfill the Agreement;

— if the Commissioner refuses to fulfill the Agreement;

- on other grounds established by the current legislation of the Russian Federation.

8. FINAL PROVISIONS

8.1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the Parties.

8.2. All notices and communications must be given in writing. Messages will be considered properly sent if they were sent by registered mail, by telegraph, teletype, telex, telefax or delivered personally to the legal (postal) addresses of the Parties and received against signature by the relevant officials.

8.3. This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fulfill their obligations.

8.4. This Agreement is drawn up in ___ copies having equal legal force, one copy for each of the Parties.

8.5. In all other respects not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

Vehicle commission agreement form

Hello, in this article we will try to answer the question “Car commission agreement form”. You can also consult with lawyers online for free directly on the website.

It is important to understand that according to the concluded contract, the commission agent’s side receives the rights and obligations of the seller. That is, the sale is carried out not on your behalf, but on the legal name of the commission agent. But the key feature is the fact that he does not have exclusive property rights to the vehicle. The car belongs to you.

The cost of the Contractor's services for one month is _____________ (_______________________) rubles, including VAT ____ (_________________) rubles.
The Customer undertakes to pay for the Contractor’s services quarterly, no later than 5 (Five) banking days from the date of signing by the Parties of the Certificate of Provision of Services. The cost of the Contractor's services for one quarter is _____________ (_______________________) rubles, including VAT ____ (_________________) rubles.

Sample order for a dow on the creation of a commission for the assessment of material assets

The price of the Vehicle specified in clause 1.1.1 of this Agreement is ______ (____________) rubles.

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The Civil Code of the Russian Federation regulates that a commission agreement must be concluded in simple written form.

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Bear financial responsibility for the Car owned by the Commissioner. In the event of loss or damage caused by the Commission Agent, the latter undertakes to pay the full cost of restoration work or to eliminate the problems that have arisen on his own, depending on the agreement with the Principal.

Note! Only a person who legally owns the goods can enter into this agreement. As a rule, the principal is the owner of the property assets.

The last nuance can be avoided if you apply for representation at an official car dealership that has been on the motor transport market for several years. In this case, you should avoid the services of individual entrepreneurs and legal entities whose competence is in doubt.

Attention! Payments are accepted only from numbers registered to an individual. The service is available to subscribers of Active, Kcell and Beeline.

Sample form of a commission agreement for the sale of vehicles

It is worth pointing out that claims are made in writing, with full justification. Unfounded claims and demands may be rejected.

The rights and obligations of the parties under a commission agreement for the sale of a car are specified in clause 3 of the standard agreement of the type being studied. The responsibilities of the commission agent include:

Independent study of the automotive market;
Attracting buyers to the car being sold on terms favorable to the principal;
Informing the client about the progress of work (upon request);
Sale of a car within the period established in the regulations of the current commission agreement;
Taking measures to ensure the safety of goods;
Transfer of funds to the principal after the purchase and sale of a vehicle.

However, the seller may not always participate in this procedure. In addition, the law does not support such transactions between individuals.

A situation arises when the commission agent enters into a relationship with unclear prospects, since the progress of the actual provision of services is unknown to him.

Commission agreement for the sale of a car: sample design

Answers from government agencies to specific questions from citizens and organizations in various sectors of activity.

A striking example of a commission agreement is an order to the principal to sell movable or immovable property, while the principal is assigned all responsibilities for documenting the purchase and sale agreement for this property. Often, the involvement of a commission agent is due to the desire of the principal not to inform the buyer about who is the real owner of the goods being sold.

Do not forget about the existence of a similar transaction called an agency agreement. This is a type of consignment sale, but the legal document is different. The main difference is that under an agency agreement, the car, like a product, is sold on behalf of the owner.

Execute the accepted order in accordance with this Agreement and on the most favorable terms for the Principal, including at a price not higher than that set by the Principal.

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The price of the Vehicle specified in clause 1.1.2 of this Agreement is ______ (____________) rubles.

Citizens quite often buy used vehicles from companies. These are usually small trucks and minibuses, and sometimes trailers and cars. At the same time, to document the transaction, a special vehicle purchase and sale agreement is drawn up between a legal entity and an individual, as well as an acceptance certificate. Funds are usually deposited by the buyer into the seller's cash register.

When completing the agreement, the following documents will be required :

Car registration certificate (CTC) and registration certificate (PTS);
Certificate of acceptance and transfer of documents (the mentioned STS and PTS of the car are indicated here);
Vehicle inspection report (it includes information about existing damage and malfunctions of the vehicle, its mileage and general condition);

Registration of a purchase and sale agreement takes more than 15 minutes. The completed contract form meets all the requirements of the State Traffic Safety Inspectorate. The vehicle purchase and sale agreement is completed with a commission agreement. The organization's seal is affixed to the PTS and changes are recorded. Such a car purchase and sale agreement is fully suitable for the traffic police.

When concluding this agreement, the parties were guided by the normative acts of Russian civil legislation governing legal relations in the execution of commission agreements, including Chapter 51 “Commission” of the Civil Code of the Russian Federation.

The simplest commission agreement for the sale of a car

The car is accepted from the Principal for commission in the condition in which it was on the day of acceptance.
At the same time, the Parties agree that the Principal transfers the Vehicle free from technical defects (there are no malfunctions of the main components and assemblies, as well as hidden defects) or is obliged to warn about their presence. If the Commission Agent can only purchase goods at a price higher than the agreed price, he is obliged to request the prior consent of the Principal.

In case of failure to fulfill the provisions of the contract, the guilty party undertakes to compensate the damage to the partner as agreed. The amount of payments due in this case is indicated in the text of the document being studied in the form of an interest rate in relation to the cost of the car being sold.

It is necessary to take into account all the features of this type of agreement, provided for by the Civil Code of the Russian Federation and set out in this article, when making transactions.

Commission agreement for the purchase of a car

Translated from Latin, “commissio” means “I instruct,” which fully reflects the essence of the relationship that develops between the parties to this agreement. From the theory and practice of civil law, it is clear that a commission agreement is essentially a transaction between a customer and an intermediary, according to which the commission agent undertakes to enter into various types of transactions on behalf of the principal.

Hold the car in his possession, which is subject to transfer to the Principal or a person specified by the Principal to secure his claims under this Agreement.

Like any other civil contract, a commission agreement for the sale of goods must provide for a number of mandatory and additional conditions:

Subject of the agreement. The parties must specifically define the order that is issued to the commission agent: describe the goods for sale, establish the legality of ownership of assets, determine the procedure for transferring property to the commission agent and the conditions for pricing;
The procedure for forming remuneration. This condition is not mandatory, since in its absence the amount of the commission agent’s remuneration can be determined in accordance with the law;
Deadline for execution of orders for the sale of goods. The legislation does not contain restrictions on establishing deadlines for the commission agreement. Moreover, such agreements may be concluded for an indefinite period or until the final sale of the transferred goods;
The procedure for settlements between the parties. It is important that the commission agent has the right to retain part of the proceeds from the sale as an agreed remuneration;
The procedure for submitting and accepting a report on the execution of an order.

Before considering all the features of such a transaction for the sale of a vehicle, you need to understand the key point. Namely, with the concept of a commission agreement (DC). DC is the name given to the type of contract that acts as an intermediary between the two parties to the transaction, that is, the seller and the buyer. You enter into an agreement with an intermediary organization, to which the car is given on commission.

Is it worth using a commission agreement?

Provide the Principal with a written Report on the progress of execution of the order by the 5th (Fifth) day of each month following the reporting month.

In this case, the Commission Agent is obliged to notify the Principal of the deviations made within a reasonable time, unless otherwise provided by the commission agreement.

The principal is obliged to pay remuneration to the commission agent, and in some cases also additional remuneration in the amount established in the contract.
Submit to the Principal a report on the execution of the order within the period _____________ and transfer to him the car purchased under this Agreement.

Car purchase and sale agreement. Form, sample and complete filling instructions

If an agreement is not reached on the further sale of the Car through the Agent's showroom, the contract is terminated.

How long does it take to re-register a car?

The commission agent is obliged to execute the accepted order in accordance with the instructions of the principal, and in the absence of such instructions in the contract - in accordance with business customs or other usually imposed requirements, on the most favorable terms for the principal.

Fulfill the obligation to purchase a car for the Principal within the time limits established in this Agreement.

Promptly inform the Commissioner about the nature and conditions of the transactions specified in clause 1.1. actual agreement.