What do I do when I take a vehicle on Consignment?
To consign a vehicle, a dealer must have proof the consignor is a licensed dealer, the LEGAL registered owner according to DMV records, or a security interest holder that has completed a vehicle repossession certificate. This proof can consist of the original or copy of:
- The title for the vehicle;
- The registration card or;
- A DMV printout that lists the vehicle and owner information.
NOTE: A bill of sale or re-assigned title IS NOT acceptable! The consignor must first submit an application to DMV to title the vehicle in their name, prior to consignment.
If you take a consignment from another dealer, it is your responsibility to verify they are a certified dealer, and you must keep a copy of their current dealer certificate and their record of purchasing the vehicle with your consignment records.
You must complete a consignment agreement and give a copy to the consignor that includes:
- The vehicle to be consigned, identified by vehicle identification number (VIN).
- The terms of the agreement and the disposition of the proceeds from the sale of the vehicle. This would include payoff to a security interest holder.
- A provision stating that if the terms of the agreement are not met, the consignor may file a complaint in writing with the Department of Transportation, Salem, Oregon.
- A dealer must not take any part of the money paid in connection with the sale of any consignment, as part or all of the dealer’s commission or fee, until the transaction has been completed or terminated.
What do I do when I sell a consigned vehicle?
A dealer MUST pay a consignor of the vehicle within 10 days of the date of sale. The amount and disposition of the money, whether it is paid to the customer or the lien holder of the vehicle, will be as determined on the consignment agreement.
A dealer must either provide the purchaser with the certificate of title to the vehicle within 25 calendar days, or submit an application to DMV to title the vehicle in the purchaser’s name within 30 calendar days of the sale.
Records Inspection
In addition to making vehicle dealer records available for inspection in accordance with ORS 822.035, dealers must also make records of financial accounts relating to the deposit of funds from the sale of consigned vehicles available for inspection by DMV.
Consignment Practices Continued:
A dealer selling a consigned vehicle must first provide the purchaser, in writing, the following disclosure regarding the consignment sale:
DISCLOSURE REGARDING CONSIGNMENT SALE
_________________(Name of Dealer) is selling the following described vehicle
_____(Year)_____(Make)_____(Model)
_____________________(VIN), on consignment.
___ There is a security interest in this vehicle
___ There is not a security interest in this vehicle
You should take action to ensure that any security interests are released and that the title to the vehicle is transferred to you. Otherwise, you may take title subject to any unsatisfied security interests.
Title Delivery Requirements
ORS 822.042, OAR 735-150-0050
Once a dealer sells a vehicle they are required to:
- Deliver the title or ownership documents to the purchaser within 25 calendar days; or
- Submit an application for title and registration to DMV for the customer within 30 calendar days.
If these requirements will not be met, the dealer shall provide a written notice, within 25 business days of the transfer of interest, to the customer and any security interest holders or lessors. This notice must contain:
- The specific reason for the delay.
- The anticipated extent of the delay.
- A statement of rights and remedies for the purchaser, which must contain a statement that informs the purchaser of the right to file a complaint against the dealer with DMV, if the delay goes beyond 45 calendar days from date of sale.
Dealers must maintain records that show they have made a good faith effort to comply with these requirements. These records may
include, but are not limited to:
- A brief but concise reason for the delay; and
- The anticipated extent of the delay.
Yes. You must keep copies of the letter(s) sent and you must continue to make a “good faith effort” to comply. The delay must also be due to circumstances beyond your control. Remember, “beyond your control” means the title is in the possession of some other person such as a lending institution or lost. You must maintain sufficient documentation to establish the reason for the delay, and that you have made a “good faith effort” to comply.
Title and Registration Preparation Fees
Dealers who prepare title and registration documents necessary to issue or transfer vehicle title and registration may charge a fee for this service. This fee is not to exceed:
- $250.00 if the dealer is an Electronic Vehicle Registration (EVR) Dealer.
- $200.00 if the dealer is not an EVR Dealer.
If a dealer collects this fee, the dealer is required to submit the transaction to DMV.
This fee needs to be listed separately and is not to be shown as a government fee or as part of the actual title and registration fees.
The dealer must set procedures to ensure the fees do not exceed the maximum allowed.
Fee amounts that exceed the authorized limits must be promptly refunded to the customer.