Section 11730 Of Article 1. Issuance Of Licenses And Certificates To Manufacturers, Transporters, And Dealers From California Vehicle Code >> Division 5. >> Chapter 4. >> Article 1.
11730
. The consignment agreement required by Section 11729 shall
contain all the following terms, phrases, conditions, and
disclosures:
(a) The date the agreement is executed.
(b) All of the following statements:
(1) "I (We), the undersigned consigner(s), hereby consign and
deliver possession of my(our) vehicle, which is a (Year) ____ (Make)
____ (ID#) ____ (License) ____ (State) ____ (Mileage) ____, to
(Consignee) _____ (Dealer #) ____ for the sole purpose of selling the
vehicle and paying, to the consignor or his or her designee from the
proceeds of the sale of the vehicle, the amount agreed upon under
terms of this agreement. This agreement is effective and valid only
for a period of ____ days from this date."
(2) "At the termination of this agreement, the consignee shall
return the vehicle to the consignor, or, at the option of both the
consignor and consignee, enter into a new agreement."
(3) "If the vehicle is sold by the consignee during the term of
this agreement, the money due the consignor shall be disbursed within
20 days after the date of sale in accordance with the terms of this
agreement. As used in this agreement, a "sale" occurs when the
consignee either (A) receives the purchase price or its equivalent or
executes a conditional sales contract for the vehicle, or (B) when
the purchaser takes delivery of the vehicle, whichever occurs first."
(4) "The following information shall be completed prior to the
signing of this agreement:
Current market value: $____ Source: ____.
Outstanding liens: $____ Lienholder: ____.
(Any difference between the outstanding amount shown and the
actual payoff to the lienholder will be credited to the consignor.)
Repairs to be made: $____ Work Order #____.
Moneys to the consignor: ____ percent of sale price, flat fee of
$____ or the following specific formula: ____."
(5) "Within 20 days after sale, the consignee shall make an
accounting to the consignor of all of the following: date of sale,
repairs authorized by consignor (supported by work records), exact
amount of any liens payable to lienholders, evidence of payment of
any liens, and the total sales price."
(6) "The consigned vehicle is delivered to the consignee in trust
for the exact terms set forth in this agreement. The consignee agrees
to receive this vehicle in trust and not to permit its use for any
other purpose other than contained in this agreement without the
express written consent of the consignor."
(7) "Upon payment of the moneys due the consignor, the consignor
agrees to furnish the consignee those documents necessary to transfer
the ownership of the vehicle to the purchaser.