Auto Consignment Agreement Template for Switzerland

When you need to sell your vehicle through a professional dealership in Switzerland while maintaining ownership until the final sale, an Auto Consignment Agreement provides the legal framework for this arrangement. This specialized contract allows you to leverage a dealer's expertise, customer base, and sales infrastructure while protecting your interests as the vehicle owner under Swiss law.

When do you need this document?

You need an Auto Consignment Agreement when selling high-value vehicles, classic cars, or specialty vehicles that require professional handling and marketing expertise. This document is essential when you want to avoid the time and effort of private sales while ensuring professional presentation and potential buyer screening. The agreement is particularly valuable for luxury vehicles, vintage automobiles, or commercial vehicles where dealers have established networks and expertise. You also need this document when you want to maintain ownership and control over pricing decisions while benefiting from professional sales services and showroom exposure.

Key legal considerations

Your Auto Consignment Agreement must clearly define the scope of the dealer's authority, including pricing flexibility, negotiation limits, and approval requirements for final sales. Commission structures and payment terms require careful specification to avoid disputes, including when commissions are earned and how payments are processed. Insurance coverage during the consignment period is crucial, determining who bears responsibility for damage, theft, or accidents while the vehicle is in the dealer's possession. The agreement should address liability allocation, particularly regarding vehicle condition representations, warranty disclaimers, and potential buyer disputes. Termination clauses must specify conditions under which either party can end the arrangement and procedures for vehicle return or transfer.

Legal requirements in Switzerland

Under the Swiss Code of Obligations (OR), your consignment agreement must comply with agency contract provisions (Articles 394-406) and sales contract regulations (Articles 184-215). The Federal Act on Road Transport (SVG) governs vehicle registration requirements and transfer procedures that must be incorporated into your agreement. For high-value transactions, the Federal Act on Combating Money Laundering (AMLA) may require additional due diligence and documentation procedures. Consumer protection laws apply when selling to private individuals, requiring specific disclosures and warranty provisions. The agreement must address Swiss tax obligations, including VAT considerations for commercial dealers and potential capital gains implications for vehicle owners. Vehicle safety and technical requirements must be documented to ensure compliance with Swiss automotive regulations during the sales process.