Sample vehicle commission agreement

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

Document type: Commission Agreement

To save a sample of this document to your computer, follow the download link.

Document file size: 16.5 kb

The participants in the commission agreement, which is signed during the sale of a car at auction, are two legal entities. That is, the owner of the car and the seller, who in this document are represented by the commission agent and the principal. To sign the document, the parties will need the following information:

legal and postal address;
TIN and checkpoint of the company;
bank current accounts;
data of authorized persons;
a document on the basis of which authorized persons can participate in the agreement.

What is the subject of the contract?

According to this document, the subject of the agreement is the provision of services to find and attract buyers of the presented property, in this case a vehicle. When selling a car, the commission agent must adhere to the price specified by the principal, and also sell the vehicle within the specified period.

The principal, in turn, by signing the document, undertakes to pay the commission agent a remuneration for the work performed in the established amount. The size of the commission is determined by the parties at the time of drawing up the document. The contract must include all details of the vehicle.

Form of commission agreement for the sale of a car

Sample commission agreement for the sale of a car (completed form)

Download Commission Agreement for the sale of a car

Commission agreement for the sale of a car No.

1. THE SUBJECT OF THE AGREEMENT

1.1. According to this Agreement, the Commissioner undertakes, on behalf of the Principal, to search for and attract a potential client for the purchase of a car for the Principal at a price not lower than agreed upon by the Parties in Appendix No. to this agreement.

1.2. The cost of the Car offered for sale and determined in Appendix No. to this agreement may be changed by the Commissioner in any direction, only with written agreement with the Principal. Appendix No. is an integral part of this agreement.

1.3. If the Commissioner has attracted a buyer to purchase the Principal's car, the purchase and sale agreement is concluded directly between the owner of the car or his legal representatives and the buyer, without the participation of the Commissioner.

2. RIGHTS AND OBLIGATIONS OF THE COMMISSIONER

2.1. Expenses associated with the sale are agreed with the principal.

2.2. The commission agent undertakes:

2.2.1. Study the market and attract a Buyer willing to purchase a Car on the terms specified in this agreement.

2.2.2. To inform the Principal, upon his request, all information about the progress of execution of this agreement.

2.2.3. If necessary, involve representatives of the Principal in participation in negotiations with the Buyer.

2.2.4. Do not enter into an agreement on your own behalf with the Buyer for the purchase of the Car. When the Commission Agent accepts the Car, the Principal is obliged to provide information about whether his Car has undergone scheduled maintenance specified in the service book, or indicate defects in the acceptance certificate (engine chassis).

2.2.5. If someone causes damage to the Principal's property held by the Commissioner, take measures to protect the Principal's rights, collect the necessary evidence and notify the Principal about this.

2.3. The commissioner is not responsible for personal items left in the car under this agreement.

2.4. The Commissioner reserves the right to check the Vehicle through the Interregional Investigation Center.

2.5. If the Car is wanted, the Commissioner reports this information and, if necessary, transfers the Car to the traffic police.

3. RIGHTS AND OBLIGATIONS OF THE PRINCIPANT

3.1. The principal undertakes:

3.1.1. Deliver the car to the showroom as directed by the Commissioner, and also remove the unsold car on your own at the first request of the Commissioner.

3.1.2. Provide the Commissioner with a complete package of necessary documents.

3.1.3. Provide the Commissioner with technical or other necessary materials.

3.1.4. If necessary, ensure the presence of its authorized representatives at negotiations between the Commission Agent and the Buyer.

3.2. The Principal guarantees that he is the full and legal owner of the Car. Until the conclusion of the contract, the Car is not alienated, not mortgaged, is not in dispute or under arrest, is not encumbered by the rights of third parties, and the Principal’s property rights are not disputed by anyone.

3.3. The principal guarantees that the car does not have any properties that could result in its loss, deterioration or damage.

3.4. If the Principal has expressed a desire to unilaterally terminate the contract early before the end of the calendar day (from the date of conclusion of the contract), the amount of costs incurred for vehicle maintenance: gasoline costs, pre-sale preparation and parking fees are not paid by the Principal.

3.5. If the Principal decides to unilaterally terminate the contract after a calendar day (from the date of conclusion of the contract), he is obliged to pre-pay the costs incurred by the Commission Agent for consumables: (car washing rubles per week), gasoline costs, pre-sale preparation, protected car parking in the amount of the established tariff (rubles per day) from the moment of conclusion of this agreement.

3.6. If the Commission Agent, for his part, has fulfilled all the terms of this agreement, the Principal is obliged to pay remuneration in the established amount specified in Appendix No.

4. RESPONSIBILITY OF THE PARTIES

4.1. The commission agent bears partial financial responsibility for the car in safe custody under this agreement.

4.2. The commission agent is not responsible for the actions of third parties resulting in consequences that may result in violation of the rights provided for by the legislation of the Russian Federation of one or another party to this agreement.

4.3. The commission agent unilaterally has the right to terminate the contract without giving a reason.

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

4.5. The Commission Agent is not liable to the Buyer for defects, including hidden ones, of the sold car, unless the Principal has notified the Commission Agent or the Buyer in writing about these defects.

4.6. The commission agent is not financially liable to the owner for damage caused to the car as a result of natural disasters, fire that did not occur through the fault of the administration or force majeure.

4.7. If the situation on the goods market changes during the execution of this agreement, the Commissioner within working days notifies the Principal of the circumstances that have arisen and suspends the execution of the agreement until an agreed decision is made.

4.8. The Principal is responsible to the Commission Agent and the Buyer and guarantees that the Car is not pledged, under arrest, stolen, wanted or alienated.

4.9. The commission agent is not responsible for the non-working condition of technical units such as: engine, gearbox, suspension elements, steering, electrics, wheels.

5.FINAL PROVISIONS

5.1. This agreement is valid for a period of , from the moment of signing by its 2 parties (the Principal and the commission agent)

5.2. This agreement comes into force from the moment it is signed by the Parties.

5.3. This agreement is valid until "" year

5.4. This agreement will be considered fulfilled after fulfillment of mutual obligations and settlement of all settlements between the parties.

5.5. The appendices to this agreement are its integral parts.

5.6. By mutual agreement, the Parties may make necessary additions or changes to this agreement, which will be valid if signed by authorized representatives of the Parties.

5.7. In the event of disputes arising on issues provided for in this agreement or in connection with them, the Parties will take all measures to resolve them through negotiations.

5.8. If it is impossible to resolve these disputes through negotiations, they will be resolved in accordance with the current legislation of the Russian Federation, in the arbitration court of the city of St. Petersburg.

5.9. In everything that is not provided for in this agreement, the provisions of the current legislation of the Russian Federation apply.

5.10. Termination of the commission agreement and return of the car is carried out only on weekdays, or by prior agreement with the Commission Agent.

5.11. This agreement is drawn up in copies.

Commission agreement for the sale of vehicles

[place of conclusion of the agreement] [day, month, year] [Full name of the commission agent], represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], hereinafter referred to as “Commission Agent” , on the one hand and

[full name of the principal], represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], hereinafter referred to as the “Committent”, on the other hand, and together referred to as the “Parties”, have concluded this agreement on the following:

1. The Subject of the Agreement

1.1. Under this agreement, the Commissioner undertakes, on behalf of the Principal, to carry out transactions for the sale of vehicles on his own behalf, but at the expense of the Principal, who in turn undertakes to pay the Commissioner a commission in the amount stipulated by this agreement.

1.2. In transactions made by the Commissioner with a third party, the Commissioner 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. Vehicles received by the Commissioner from the Principal are the property of the latter.

1.4. Models, brands of vehicles, minimum sales price, as well as other terms of the transaction are given in the specification, which is an integral part of this agreement.

2. Rights and Obligations of the parties

2.1. The commission agent is obliged:

2.1.1. Execute the accepted order on the most favorable terms for the Principal in accordance with the instructions of the Principal.

2.1.2. Upon execution of the order, submit a report to the Principal and transfer to him everything received under this agreement.

2.1.3. Take measures necessary to ensure the safety of the Principal's property.

2.1.4. Insure the Principal's property transferred by him to fulfill this agreement.

2.1.5. Compensate the Principal for the difference in price if the property 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 property 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 has no 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 performed under this agreement.

2.3.2. Inspect the property purchased for him by the Commissioner and notify the latter without delay of any shortcomings discovered in this property.

2.3.3. Release the Commissioner from the obligations assumed by him to a third party for the execution of a commission order.

2.3.4. In case of objections to the Commissioner's report, inform the Commissioner about them within thirty days from the date of receipt of the report.

3. Cancellation of the commission order by the Principal. Refusal of the Commissioner to execute the contract

3.1. The Principal has the right at any time to refuse to fulfill this agreement by canceling the instruction given to the Commissioner.

The commission agent has the right to demand compensation for losses caused by the cancellation of the order.

3.2. In case of cancellation of the order, the Principal is obliged to dispose of his property under the jurisdiction of the Commissioner within [period]. Otherwise, the Commissioner has the right to hand over the property for storage at the expense of the Principal or sell it at the most favorable price for the Principal.

3.3. The commission agent has no right to refuse to fulfill this agreement.

4. Commission

4.1. The Principal is obliged to pay the Commission Agent a remuneration in the amount of [fill in what is required].

4.2. 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.

4.3. 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.

4.4. The commission agent has the right to withhold the amounts due to him under this agreement from all amounts received by him at the expense of the Principal.

4.5. 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.

5. Responsibility of the Commissioner

5.1. The commission agent is responsible to the Principal for loss, shortage or damage to the Principal's property in his possession.

5.2. If, when the Commissioner accepts property sent by the Principal or received by the Commissioner for the Principal, there is damage or shortage in this property that can be noticed during an external inspection, as well as if someone causes damage to the property of the Principal held by the Commissioner, the Commissioner is obliged to accept measures to protect the rights of the Principal, collect the necessary evidence and immediately inform the Principal about everything.

5.3. A commission agent who does not insure the property of the Principal in his possession is liable for its loss, shortage or damage.

5.4. 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).

6. Final provisions

6.1. This agreement comes into force from the moment it is signed by the Parties and is valid until [fill in as appropriate].

6.2. If none of the Parties, after the expiration of the contract, declares its termination, then the contract is considered renewed on the same terms for a period of [fill in as necessary].

6.3. This agreement may be terminated due to the Principal’s refusal to fulfill the agreement.

6.4. In all other respects that are not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation.

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

6.6. After signing this agreement, all preliminary agreements and understandings in connection with it become invalid.

6.7. This agreement is drawn up in two copies having equal legal force - one for each of the Parties.

Sample vehicle commission agreement

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Deliver the car to the showroom as directed by the Commissioner, and also remove the unsold car on your own at the first request of the Commissioner, unless the Parties have agreed to change the terms of sale.

The Principal is obliged to accept from the Commission Agent everything performed on the order and to release the Commission Agent from the obligations assumed by him for the execution of the order to the Buyer.

Sample. Commission agreement for the purchase of a car

In support of the claims it is stated that Turovsky M.V. On February 25, 2009, I acquired a Lexus RX 300, manufactured in 2005, identification number JTJHF31U402014196, model IMZ-1865805, silver color, according to the PTS data. 11/30/2012 Turovsky M.V. entered into a city agreement with Stok-Auto LLC.

In addition to specifying the payment of the deposit in the contract, you can draw up a separate document. It represents an act of transfer of funds, which indicates the exact amount, date of transfer, as well as confirmation of the transaction by both parties.

Commission agents are party number one. They have a set of responsibilities associated with concluding one or several transactions that are necessary for the other party.

Taking into account the constantly changing dynamics of prices in the market for the sale of used cars, the Commissioner, with the consent of the Principal, has the right to mark down the Car being sold.

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.

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.

Commission agents receive rewards for their actions. He receives additional compensation when the transaction is carried out by third parties, and he himself vouches for them.

For the execution of instructions under this agreement, the Principal pays a remuneration in the amount of ________________________________.

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. 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.

The commissioner is not responsible for personal items left in the car under this agreement. 2.4. The Commissioner reserves the right to check the Vehicle through the Interregional Investigation Center. 2.5.

Commission agreement for the purchase of a car

In each case, there is a performer who performs certain actions at the expense of the guarantor. And in the interests of the latter.

The commission agreement for the sale of a car is filled out in two copies. It is possible to fill out the document in triplicate if you involve an intermediary in the transaction or want to have the contract certified by a notary. In this case, each party remains in possession of one copy.

Reimburse the Commissioner for expenses incurred by him that were necessary to fulfill the instructions of the Principal (transportation, vehicle maintenance, gasoline costs, consumables necessary to maintain the external and internal condition of the vehicle in marketable condition).

On our website, everyone can download for free a sample of an agreement or a sample document of interest; the database of agreements is updated regularly. Our database contains more than 5,000 contracts and documents of various types. If you notice an inaccuracy in any agreement, or the impossibility of the “download” function of any agreement, please contact us using the contact information.

What is a barter agreement?

Failure of one of the parties to fulfill the terms of this 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.

In addition to the contract, another guarantee is most often used - a deposit. The deposit is a tenth of the total amount to be paid by the buyer. The presence of a deposit must be stated in the preliminary agreement as evidence of the transfer of funds.

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.

The commission agent has the right, for the purpose of executing this agreement, to enter into a subcommission agreement with another person, while remaining responsible for the actions of the subcommissioner to the Principal.

When the Commission Agent accepts the Car, the Principal is obliged to provide information about whether his Car has undergone scheduled maintenance specified in the service book, or indicate defects in the acceptance certificate (engine chassis). 2.2.5.

In the event of non-fulfillment or improper fulfillment of obligations by one of the parties under this agreement, it is obliged to compensate the other party for losses caused by such non-fulfillment. 5.2.

Documents for cargo transportation. Primary accounting documents

If the Commission Agent refuses to execute an accepted order due to a violation of the commission agreement by the Principal, he has the right to receive both compensation for expenses incurred and a commission.

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.

If, upon acceptance by the Commissioner of a car transferred to him by the Principal in accordance with this Agreement, there are hidden damages or defects in this car that were not noticed during the initial inspection, then they must be eliminated by the Principal.

Form of commission agreement for the sale of a car

Speaking on his own behalf, the Commission Agent independently enters into agreements for the purchase and sale of Goods with third parties (hereinafter referred to as “Buyers”).

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.

The validity period is indicated in the contract or not indicated.
If the deadline is not written, then the termination of the contract is notified no later than 30 days before the official decision. The car specified in clause 1.1 of this agreement must be purchased at a price not exceeding ________________.

Sample preliminary agreement for the purchase and sale of an apartment with a deposit

The cost of the car offered for sale and defined in Appendix No. 1 to this Agreement may be changed by the Commissioner in any direction, by oral agreement with the Principal.

The commission agent has the right to withhold the remuneration due to him under the commission agreement 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.

Sell the car on the terms most favorable to the Principal, including at a price not lower than the one assigned to him by the latter.

This practice occurs quite often, because it is beneficial for both parties. Such a deposit must necessarily be based on a preliminary agreement. Full information about this agreement is found in Article 249 of the Civil Code of the Russian Federation.

Under this agreement, the Commission Agent undertakes to purchase, on behalf of the Principal, a car of the brand __________________________ (hereinafter referred to as the “Goods”) in his own name, but at the expense of the Principal. In turn, the Principal undertakes to pay the Commission Agent a remuneration for the completed order. If, upon acceptance by the Commissioner of the Goods sent by the Principal, there are damages or shortages in this Goods that can be noticed upon external inspection, as well as if someone causes damage to the Principal’s Goods in the possession of the Commissioner, the Commissioner is obliged to take measures to protect the rights of the Principal, collect the necessary evidence and immediately notify the Principal about everything.

Commission agreement for the sale of a car

COMMISSION AGREEMENT

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. By mutual agreement of the parties, nothing from the terms of this agreement can be interpreted as establishing a relationship between the customer and the contractor or the seller and the buyer, but can only be interpreted as a relationship between the Principal and the Commission Agent.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Commissioner undertakes to sell, on behalf of the Principal, a car: , (hereinafter referred to as the Car) in his own name, 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 this agreement must be sold at a price not lower than rubles.

1.3. The Commission Agent undertakes to execute the accepted order on the terms most favorable to the Principal.

1.4. The Principal guarantees that the Car is not alienated to anyone, is not mortgaged, is not in dispute or under arrest (ban), is not encumbered by the rights of third parties, and the Principal's property rights are not disputed by anyone. The car belongs to the Principal on the basis of a purchase and sale agreement dated "" 2019.

1.5. This agreement does not imply a transfer of ownership of the car from the Principal to the Commission Agent.

2. RECEPTION AND TRANSFER OF THE VEHICLE

2.1. 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. Otherwise, the Principal bears full responsibility for the technical condition (as well as minor paint chips, scratches or minor defects in the upholstery) and the legal cleanliness of the Car accepted for commission, and by virtue of Article 1000 of the Civil Code of the Russian Federation, the Principal undertakes to release the Commissioner from obligations, assumed by him to a third party for the execution of a commission order.

2.2. The Principal transfers the Car to the Commission Agent with a full set of necessary documents according to the Car Acceptance and Transfer Certificate, which is an integral part of this Agreement (Appendix No. 1 of this Agreement).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The commission agent is obliged:

3.1.1. Study the market and attract a Buyer who wants to purchase a Car on the terms specified in this agreement.

3.1.2. To inform the Principal, upon his request, all information about the progress of execution of this agreement.

3.1.3. Sell the car on the terms most favorable to the Principal, including at a price not lower than the one assigned to him by the latter.

3.1.4. In order to fulfill this agreement, enter into a purchase and sale agreement with the buyer of the car. When concluding a corresponding agreement with the buyer, the Commission Agent undertakes to act in the interests of the Principal.

3.1.5. Fulfill obligations to sell the Principal's car within one business day from the date of conclusion of this agreement. If the Car is not sold by the Commission Agent within the specified period, the latter has the right to agree with the Principal on a competitive price for the Car offered for sale under this agreement, or the Principal is obliged to pay the Commission Agent for further parking of the Car in the showroom in the amount of rubles/day. If an agreement is not reached on the further sale of the Car through the Agent's showroom, the contract is terminated.

3.1.6. Take measures necessary to ensure the safety of the Principal's property.

3.1.7. 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. The Commissioner is not liable in the event of damage to the Principal's property located at the Commissioner's disposal as a result of natural disasters, fire that did not occur through the fault of the administration, hidden technical malfunctions of the vehicle or force majeure. In this case, the Commissioner is obliged to take measures to protect the Principal's rights to his property held by the Commissioner and to notify the Principal about this.

3.1.8. Transfer to the Principal the funds for the Car sold under this agreement, as well as a copy of the Car purchase and sale agreement within calendar days from the date of signing the said Car purchase and sale agreement.

3.2. Taking into account the constantly changing dynamics of prices in the market for the sale of used cars, the Commissioner, with the consent of the Principal, has the right to mark down the Car being sold. In this case, the Principal’s consent to carry out a markdown of the Car (for how long and in what amount), received from him in person, via a telephone call or by e-mail, is formalized by an additional agreement (Markdown Certificate - Appendix No. 2 to this Agreement). In this case, consent to carry out the markdown of the Car must be given by the Principal within 24 hours, and the execution of an additional agreement (Markdown Certificate) must be made within 24 hours in the personal presence of the Principal. In exceptional cases, by agreement with the Principal, instead of an additional agreement (deed of markdown), any of the documents received from the Principal, the list of which is set out in clause 3.3 of the Agreement, transferred through one of the methods specified in clause 2.4, may be considered the fact of expressing consent to markdown. Agreement.

3.3. The Principal's consent to change the price of the Car can be expressed in one of the following ways:

by sending a letter by the Principal to the e-mail address of the Commissioner;
by sending a message by the Principal via mobile communications (SMS) to the Commissioner's cellular number.

3.4. In order to properly identify documents emanating from the Parties to this agreement and expressing the will of the Parties, the Parties have agreed upon the following documents as sufficient criteria for identifying an outgoing electronic document, a fax document, as well as a document sent via cellular communications: Electronic messages (letters) are sent on behalf of the Commissioner from the mail server, and on behalf of the Principal from the mail server; telephone messages (SMS) are sent on behalf of the Commissioner from a cellular telephone number, and on behalf of the Principal from a cellular telephone number. Proper consent to carry out a discount on the Car is considered to be a message from the Principal sent to the Commissioner with the following content: “With a discount on the Car to the amount of rubles - Agree. Surname and initials".

3.5. The Commissioner has the right to replace the license plate frames with corporate ones, but if this replacement, for one reason or another, does not suit the Principal, he is obliged to notify the Commissioner about this in advance.

3.6. The commission agent has the right to withhold the remuneration due to him under this commission agreement from the funds received by him from the Buyer as payment for the Principal's Car.

3.7. 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 contract no later than business days in advance.

3.8. The Commissioner reserves the right to check the Vehicle through the Interregional Investigation Center. If the Car is wanted, the Commissioner reports this information to the Principal and, if necessary, transfers the Car to the traffic police.

3.9. The committent is obliged:

deliver the Car to the showroom at the direction of the Commissioner, remove the unsold Car on his own, the Car must be filled with fuel, at least one third of the tank, or the Principal undertakes to pay the bill for refueling the Car after its sale;
hand over the Car to an authorized representative of the Commissioner according to the acceptance certificate, indicating all visible defects (including varnish and paint coating);
in case the Buyer makes a deposit, an advance payment for the Car, provide the Commissioner with a complete package of documents necessary for the sale of the Car, with the preparation of an acceptance certificate of documents, which is an appendix to this agreement;
if necessary, ensure the presence of its authorized representatives at negotiations between the Commission Agent and the Buyer;
remove within twenty-four hours all advertisements for the sale of the Car from the moment of its transfer to the Commissioner and not submit new advertisements for the sale of the Car from the moment of its transfer to the Commissioner. If the Commission Agent discovers information about the parallel sale of the Car through the media and the Internet, the Principal undertakes to pay the Commission Agent for parking the Car in the amount of rubles/day from the date of conclusion of this agreement and pay the Commission Agent a penalty in the amount of 100% of the remuneration amount agreed upon in clause 3.1. Only after full compensation of expenses incurred by the Commissioner before the termination of this agreement, incl. expenses for parking the Car and payment of penalties - the Principal has the right to pick up his Car from the territory (parking) of the Commission Agent.
pay the Commissioner remuneration for services rendered in the amount specified in clause 3.1 of this agreement;

3.10. The Principal has the right to refuse to execute this agreement by canceling the order given to the Commissioner, notifying the Commissioner thereof no later than business days in advance. In this case, the Principal is obliged to reimburse the Commission Agent for the expenses incurred before the termination of this agreement. In the event of termination of the contract at the initiative of the Principal, the return of the Car to the Principal is carried out after payment of the Commissioner's expenses associated with the execution of the order. If the Buyer makes a deposit or advance payment for the Principal's Car, the Principal has the right to terminate this agreement early by first paying the Commission Agent the equivalent of the Buyer's deposit or advance payment, as well as pay for parking of the Car in the amount of rubles/day from the date of conclusion of this contract. Only after full compensation of the expenses incurred by the Commissioner prior to the termination of this agreement, the Principal has the right to pick up his Car from the territory (parking) of the Commissioner. Termination of this commission agreement and return of the car can be made only on weekdays from 12-00 to 19-00, or by prior agreement with the Commission Agent.

4. CALCULATIONS AND LIABILITY UNDER THE AGREEMENT

4.1. For the execution of orders under this agreement, the Principal undertakes to pay the Commissioner a commission in the amount of rubles from the moment of signing the purchase and sale agreement.

4.2. The remuneration may be withheld by the Commission Agent from the funds received by him from the Buyer for the purchase of the Principal's Car.

4.3. An amount in the amount of rubles is charged from the principal as payment for the execution of the purchase and sale agreement; this amount is the Commission Agent’s remuneration.

4.4. The Commission Agent may carry out additional equipment for the Car, repair, adjustment and other technical work in relation to the Car being sold for an additional fee under a separate agreement with the Principal.

5. RESPONSIBILITY OF THE PARTIES

5.1. In the event of non-fulfillment or improper fulfillment of obligations by one of the parties under this agreement, it is obliged to compensate the other party for losses caused by such non-fulfillment.

5.2. 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.

5.3. If the circumstances specified in clause 5.2 occur, each party must immediately notify the other party about them in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the party’s ability to fulfill its obligations under this agreement.

5.4. If a party does not send or untimely sends the notice provided for in clause 5.3, then it is obliged to compensate the other party for the losses it has incurred.

5.5. In cases of the occurrence of the circumstances provided for in clause 5.2, the deadline 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.

5.6. If the circumstances listed in clause 5.2 of this agreement and their consequences continue to apply for days, the parties conduct additional negotiations to identify acceptable alternative ways of fulfilling this agreement.

6. PRIVACY

6.1. The terms of this agreement and agreements thereto are confidential and not subject to disclosure.

6.2. The parties do not inform the Buyer and potential Buyer before and during the conclusion of the purchase and sale agreement about the contents of this commission agreement.

6.3. 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.

7. FINAL PROVISIONS

7.1. This agreement comes into force from the moment it is signed by the parties and is valid until the parties fulfill their obligations.

7.2. This agreement has been drawn up in 2 copies having equal legal force, one copy for each of the parties.

7.3. Any changes and additions to this agreement are valid only if they are in writing and signed by both parties.

7.4. If disputes arise under this agreement, the parties take all measures to resolve them through negotiations.

7.5. In all other respects not provided for in this agreement, the parties will be guided by the current legislation of the Russian Federation.