SELLER CONTRACT/AGREEMENT
Date: ______Seller: ______
Make/Model: ______
Color: ______
Vin#: ______Phone: W: ______
License#: ______H: ______
Mileage: ______C: ______
Asking price: $ ______
Reserve price: $______
(1) Seller agrees to pay Thunderbirds Southwest a commission of 10% on the total gross sale of this vehicle when vehicle is sold. ( unless other agreements are made on commission )
(2) The seller agrees to furnish a good, clear, negotiable title to this vehicle. We require the signed title be held by us to expedite the sale of your vehicle. If signed title is not left in our security, then it MUSTbe able to be in our possession within 4 hours. In the event we sell your vehicle, receive a deposit, and the buyer backs out of the purchase due to our notreceiving a signed clear title with 24 hours, the seller is still responsible for payment of all commissions relating to that sale and signed contract. No exceptions !
(3) The seller agrees that all parties are to be held harmless and are released from any and all liability as to acts, omissions and accidents of any kind whatever to this listed vehicle. This includes no responsibility as to damage, theft, etc. Also, due to the age and brittleness of original plastic knobs, levers and fabrics, we will not be held responsible for any breakage or rips. No exceptions.
(4) The selleragrees to pay for any improvements, repairs and/or services on listed vehicle that are requested by seller. These repair costs will be paid to listing agent prior to vehicle being released from our facility.
(5) A consignment fee in the amount of $89.00 per month will be collected n vehicles that are consigned to Thunderbirds Southwest. This is a flat monthly charge and will not be pro-rated on a day to day time period. This charge can be invoiced to seller or must be paid in full at time of sale settlement or at time vehicle is picked up and/or contract terminated after initial 90 day contract period. Consignment fee includes advertising costs, showing vehicle, moving to front display area as weather permits, washing and storage.
(6) Each vehicle is required to be state inspected ( if applicable ) and have liability insurance during the period it is consigned to Thunderbirds Southwest. Failure to carry this insurance releases Thunderbirds Southwest from any and all liability, blame or recapture of repairs, legal action, etc.
(7) If any standard operational items such as brakes, lights, etc. are not functioning by state of Texas inspection standards, the seller will be notified of the items needing corrections. Notification will be items only in excess of $300.00 and seller will be invoiced on repairs and/or corrections at standard shop rates.
(8) If a vehicle has to be “jumped” more than two (2) times and if the vehicle battery will not hold a charge, we will install a newInterstate brand battery. The customer will be invoiced for the battery plus time required to install. When applicable, taxes will be charged. We cannot sell a vehicle that will not start !
(9) Selleragrees to these terms for a period of 90 days from this date and will continues on 90 day periods until vehicle is sold or contract is terminated by certified mail.
(10) If in the event that agent finds a buyer and the seller agrees to the sale price and terms/repairs ( if any ), and the sellerthen “backs out” on the transaction after the agreement ( for whatever reason ), the sellermust pay the agent the normal commission of 10% ( of gross sales price and all consignment fees ) for locating the buyer. This must be funded before the seller can have the consigned vehicle released from agent. In the event that the seller asks the agent to sell the vehicle again, then the normal terms and commissions will be in effect plus any commissions and/or fees owed the agent to date. Seller will also be responsible for all costs of any legal action brought by aforementioned prospective buyer.
(11) SELLERS DESCRIPTION of vehicle including mechanical, body and general condition. ( Must list all known problems, prior body damage and mechanical problems): ______
(12) Other seller stipulations or comments: ______
(13) For safety and fire reasons, we shall install a “power cut off switch” on your battery. This is required of all consignment vehicles and at a cost of $15.00 to seller. To be paid at the time of settlement.
(14) Thunderbirds Southwest offers a service of picking up and transporting your vehicle @ $2.50 per mile, to our facility for us to market for seller. In the event that the vehicle does not sell, and the seller decides to remove the vehicle from our facility, the mandatory transportation fee will be required to be paid at that time. The vehicle will not be released to seller until this fee is paid in full.
(15) Thunderbirds Southwest sells only fresh, clean and detailed vehicles. In the event that the sellers vehicle needs to be “detailed” or sent to a clean up shop for general cleaning, polishing, shampooing ( to bring it up to standards for highest price sale for seller ), then this will be brought to the sellers attention prior to contract approval, and vehicle will be sent to “detail or clean up shop” to have this work completed and cost will be deducted at settlement/sale time from sales proceeds. This is in the best interest of seller!
Please note: Seller mustmaintain insurance and current registration on this vehicle while under this agreement as Thunderbirds Southwest will not be held responsible for any and all personal and/or property liability that results from any damages caused by or to this vehicle.
It is further understood that any omissions by current owner ( known as seller ) of this vehicle’s background, including but not limited to mechanical, frame, body condition, rust history, suspension, electrical or safety items, accepts full responsibility for all legal actions and expenses created by these omissions.
In the event that any legal actions are taken toward the agent ( relating to any portion of this transaction ), by the buyer and/or seller, then these actions must be resolved in the county of Fayette, state of Texas.
++++ Please note,,,,vehicle must arrive with a full tank of fuel. A vehicle consumes fuel by test driving, moving in and out of showroom and display area. In the event that the vehicle did not arrive full of fuel, it will be added at the price of $5.00 per gallon. This will include the time/expense of securing fuel, and will be added to the fees required to sell said vehicle. When vehicle is sold, tank will be “topped off” for the buyer and fuel cost will be deducted from seller’s proceeds.
Seller has read, understands and agrees to all of the information/terms in this binding contract.
ACCEPTED BY:
______
SELLER/OWNER OF VEHICLE DATE
______
AGENT FOR SELLER TITLE DATE
Thunderbird Southwest
Division of Lance E. Herrington Enterprises, Inc.