Form 9 explained: the Queensland consignment agreement
Before you do anything for a consignment seller in Queensland, you need a signed Form 9. Get it wrong and the appointment is ineffective, and you can’t recover your commission.
- Form 9 is the “Appointment of a motor dealer or chattel auctioneer form”. There’s no fee.
- It must be signed and dated by both parties before you provide any service, and the seller gets a copy straight away.
- Either party can end it with 30 days’ written notice. The seller can always withdraw the car.
- Commission can’t be increased after signing, or calculated on more than the actual sale price.
What Form 9 is
Form 9 is the approved “Appointment of a motor dealer or chattel auctioneer form”. It’s the written appointment that lets you act for a seller, and there’s no fee to use it. The appointment must be in the approved form and must prominently say the seller should seek independent legal advice. An appointment that doesn’t comply is ineffective.
When it must be signed
Before you provide any service. Both you and the seller sign and date it, and the seller gets a copy immediately. The Office of Fair Trading adds that the signed copy must reach the seller before the vehicle is sold.
What it must contain
- The services you’ll provide, and any limits or conditions on them.
- Your fees, charges and commission.
- The source and estimated value of any rebate, discount, commission or other benefit you may receive.
- For a single appointment, the period it runs for; for a continuing appointment, the times or circumstances in which you’ll act.
Renewing and ending it
To renew a single appointment, complete a new form no earlier than 14 days before the current one expires.
Either party can end the appointment with at least 30 days’ written notice, unless you both agree in writing to end it sooner. The seller can always withdraw the vehicle.
Commission and expenses
- Commission can’t be increased after the appointment is made.
- Commission can’t be calculated on more than the actual sale price.
- You can’t recover any reward without a licence and a valid appointment.
- Money the seller pays in advance for expenses goes through your trust account, and you can’t keep commission on expenses.
Related rules for consigned cars
- You generally can’t take a beneficial interest in a consigned car. Where one exists, disclose it on Form 10, the “Disclosure of beneficial interest to seller form”.
- Trade-ins aren’t accepted on consignment sales.
- Before accepting the car, get a signed seller statement (see our guide to the transfer form and seller statement).
Questions dealers ask
Is there a cooling-off period on Form 9?
We couldn’t find one. Either party can end the appointment with 30 days’ written notice, and the seller can withdraw the car at any time.
Sources
Rules and fees change. Check the official source before you rely on anything here; this guide is general information, not legal advice.