PARK-AND-SELL AGREEMENT WITH A CAR DEALER
__________, of __________ (the "Owner"); and
__________, of __________ (the "Dealer"), whose business registration or trade certificate is: __________.
- 1. THE CAR AND THE APPOINTMENT
1.3 The Owner states that the Car has no loan or hypothecation, is not pledged or attached, and has no tax or challan due, except as the Owner has told the Dealer in writing.
- 2. PRICE AND SALE
2.2 The Dealer shall tell the Owner of every serious offer. No sale is final until the Owner has approved the buyer and the price, and the buyer has signed a sale agreement with the Owner. The sale of the Car is made by the Owner to the buyer, and the Dealer shall not describe the Car to a buyer as better than the Owner has described it to the Dealer.
2.3 On a sale, the transfer of the Car on the RC shall be made directly from the Owner to the buyer, on the forms the Rules prescribe, and each side shall sign what is asked of it. The Dealer shall help with the paperwork but shall not have the RC transferred to its own name or to anyone else without the Owner’s written consent.
- 3. COMMISSION AND PAYMENT
3.3 Any GST, TDS or other tax on the commission or the sale shall be paid or deducted by the party the law makes responsible.
- 4. CUSTODY OF THE CAR AND THE RC
4.2 The Dealer shall keep the Car in a safe, covered or guarded place, shall not use it except for a short test drive by a serious buyer who holds a valid licence and is accompanied by the Dealer’s staff, and shall not lend, pledge, repair, repaint or alter it without the Owner’s consent.
4.3 While the Car is with the Dealer, the Dealer is responsible for loss or damage to it by theft, fire, accident or misuse, other than what the Owner’s own insurance pays for, and for any challan or fine incurred while it is with the Dealer or on a test drive. The Owner shall keep the Car’s insurance in force during the Period.
- 5. ENDING THE ARRANGEMENT
5.1 The Owner may take the Car back at any time on three days’ written notice, unless a sale has already been agreed under clause 2.2. If the Car is sold to a buyer introduced by the Dealer within thirty days after the Owner takes it back, the commission is still due.
5.2 At the end of the Period, or on notice under clause 5.1, the Dealer shall hand the Car back to the Owner at once, with its keys, RC (if the Dealer holds it) and papers, in the same condition as received.
5.3 Any dispute shall first be talked through by the two sides. This Agreement is made in two copies, and each side keeps one.
Signed on the date and at the place stated above.
Owner: __________
Signature: ______________________________
Dealer: __________
Signature: ______________________________
Witness 1 (name, address, signature): ______________________________
Witness 2 (name, address, signature): ______________________________