Are electronic signatures valid on these agreements?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states when intent, consent, attribution, and reliable retention are present.

Do I need a notary to transfer title?

Notary requirements depend on the asset type and state. Some title transfers and acknowledgements require notarization; check the applicable state DMV or county recorder rules.

Who must sign the agreement on behalf of a company?

An authorized signatory with corporate authority should sign; attach a board resolution or certificate of incumbency when necessary to demonstrate signing authority.

Can a party revoke an agent's remarketing authority?

Revocation terms should be included in the agreement; absent specific terms, common-law principles and notice requirements may limit immediate revocation effectiveness.

What happens if asset identifiers are incorrect?

Incorrect VINs or serial numbers can lead to failed transfers, buyer disputes, and title issues; correct and confirm identifiers before executing and consider indemnity language.

How should signed records be stored for compliance?

Store signed PDFs with full audit trails, maintain backups, and retain records per applicable laws such as IRC §6501(a) for tax records and 45 CFR §164.530(j) for HIPAA where relevant.

Electronic Signature
Templates
Finance
Finance Remarketing Agreement

Finance Remarketing Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

FINANCE REMARKETING AGREEMENT

This Finance Remarketing Agreement (the Agreement) is made effective as of (Effective Date) by and between:

Seller / Owner

Legal Name Entity Type (check all that apply) Corporation LLC Individual Address Primary Contact Person Phone Email

Remarketing Agent

Legal Name Entity Type (check all that apply) Corporation LLC Individual Address Primary Contact Person Phone Email

Recitals and Appointment

WHEREAS, Seller is the lawful owner or secured party with authority to deliver and authorize the sale of certain finance assets described in this Agreement; and WHEREAS, Seller desires to engage Agent to sell, market, and otherwise remarket such assets on the terms contained herein.

Seller hereby appoints Agent as Seller's non-exclusive remarketing agent to market and sell the assets delivered to Agent for remarketing (each an Asset), and Agent accepts such appointment subject to the terms and conditions of this Agreement.

Definitions

"Asset" means any financed property, vehicle, unit, or collateral delivered by Seller to Agent for the purpose of remarketing under this Agreement. "Proceeds" means gross sale receipts less permitted deductions described in Section Fees and Payment.

Agent Duties

Agent shall: (a) use commercially reasonable efforts to market and solicit bids for each Asset; (b) conduct sales in a commercially reasonable manner and in accordance with customary industry practice; (c) prepare and deliver a Sale Report for each Asset within the time specified in this Agreement; and (d) remit Proceeds to Seller consistent with the Payment Terms.

Seller Duties

Seller shall: (a) deliver Assets free of undisclosed liens and with full authority to sell; (b) disclose all material information relevant to each Asset; (c) set reserves, if any, prior to sale in the manner established in this Agreement; and (d) execute any instruments necessary to transfer title to a purchaser following sale.

Fees, Commissions and Payment Terms

Agent's compensation shall consist of a commission equal to % of the Gross Sale Price for each Asset, subject to a minimum fee per Asset of $ .

Seller shall have the right to establish a reserve price for any Asset prior to sale. Reserve price for Asset ID specified in Sale Report shall be: .

Payment of Net Proceeds (Gross Sale Price less commissions, approved fees, reimbursements, and applicable taxes) shall be remitted to Seller within calendar days following receipt of cleared funds from the purchaser. Late remittance may incur interest at a rate of % per month on overdue amounts.

Sale Reporting and Accounting

For each Asset sold, Agent shall provide a Sale Report setting forth: Asset ID, Buyer, Sale Date, Gross Sale Price, Itemized fees and deductions, Commission amount, and Net Proceeds. A sample line of the Sale Report is shown below; multiple Asset lines may be appended as attachments.

Asset ID	Description	Sale Price	Commission	Net Proceeds

Representations, Warranties and Title

Seller represents and warrants that it has good and marketable title to each Asset free and clear of undisclosed liens and encumbrances, and has full authority to sell. Agent represents that it shall conduct all sale processes in compliance with applicable laws and industry standards.

Indemnification and Limitation of Liability

Each party shall indemnify, defend and hold harmless the other party from and against third-party claims arising out of the indemnifying party's breach of its representations, negligent acts, or willful misconduct. Except for liability arising from willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental, or punitive damages.

Insurance

Agent shall maintain commercial general liability insurance and, where applicable, property insurance covering Assets held by Agent. Upon request Agent shall provide certificates evidencing such insurance.

Term, Termination and Default

This Agreement shall commence on the Effective Date and continue until terminated by either party upon thirty (30) days' prior written notice. Either party may terminate immediately for material breach that is not cured within fifteen (15) days following written notice. Termination shall not affect obligations with respect to Assets already delivered for remarketing or payments due under this Agreement.

Confidentiality; Records

Each party shall maintain the confidentiality of the other party's non-public business information and shall retain records relating to sales, bids, and accounting for a minimum of three (3) years following final payment, or longer if required by law.

Taxes and Withholding

Agent shall collect and remit any applicable sales, transfer, or other transactional taxes when required by law. Any taxes measured by or imposed on the gross sale or the commission shall be borne by the party as provided by applicable law or as otherwise agreed in writing.

Notices

All notices required under this Agreement shall be in writing and delivered to the addresses set forth below by certified mail, courier, or personal delivery and shall be deemed given upon receipt.

Seller Notices Address Agent Notices Address

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the governing state specified by the parties. Any dispute arising out of this Agreement shall be resolved by binding arbitration unless the parties mutually agree otherwise.

Miscellaneous

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings. Amendments must be in writing and executed by authorized representatives of both parties. If any provision is held unenforceable, the remaining provisions remain in full force.

Additional Provisions / Special Instructions

Seller Printed Name:

By:

Date:

Remarketing Agent Printed Name:

By:

Date:

What a Finance Remarketing Agreement Covers

A Finance Remarketing Agreement is a contract that assigns or authorizes the sale, disposition, or remarketing of financed assets when a lease or finance term ends or a lessee defaults. It defines the remarketing agent's authority, compensation, reporting obligations, title-transfer mechanics, and timelines for remarketing and disposition of collateral.

Why this agreement matters for lenders and lessors

The agreement centralizes responsibilities and reduces title, tax, and compliance risk by documenting who may remarket assets, how proceeds are allocated, and what reporting is required. Clear terms help preserve resale value and provide evidence for regulators and auditors.

Primary users and beneficiaries

Each party uses the agreement to allocate liability, set timelines, and document financial settlement and reporting responsibilities.

Lenders and Lessors managing collateral disposition and recovery after default or lease expiration.
Remarketing agents or brokers tasked with selling returned or repossessed equipment to third parties.
Fleet managers and captive finance units coordinating title transfer, registration, and sale logistics.

Core clauses to include in a professional agreement

A complete Finance Remarketing Agreement should clearly state the parties, asset scope, agent authority, compensation, reporting cycles, and indemnities to avoid disputes and ensure regulatory compliance.

Grant of Authority

Specifies the exact rights granted to the remarketing agent, including power to inspect, list, advertise, negotiate, and consummate sales on behalf of the financer or lessor.

Asset Description

Defines the collateral by VIN, serial number, model, or schedule and includes procedures for updating or adding assets during the agreement term.

Compensation

Sets fees, commissions, expense reimbursement, and any holdbacks or reserves; include calculation method and payment timing for transparency.

Reporting Requirements

Requires periodic status reports, sales summaries, and supporting documentation so the financer can reconcile proceeds and records for audits.

Title and Transfer

Specifies how title transfers, who executes assignments, and conditions for delivery of titles and related documents following a sale or settlement.

Indemnity and Liability

Allocates risk for third-party claims, taxes, environmental liabilities, and errors in advertising or sale, including caps or insurance requirements.

Essential information to collect and record

Parties' Legal Names: Full legal entity names.

Asset Identifiers: VINs, serials, model numbers.

Reference Agreement: Master lease or loan ID.

Notice Addresses: Physical and email addresses.

Compensation Terms: Fee schedule details.

Signature Blocks: Signer name, title, date.

Step-by-step: completing and executing the agreement

Follow a consistent sequence to populate, review, and execute the agreement to reduce processing errors and delay.

01

Prepare Schedule: Assemble asset IDs and supporting titles before filling fields.
02

Populate Parties: Enter legal names and contact data accurately.
03

Set Terms: Define compensation, term, and termination clauses.
04

Execute Signatures: Obtain required signatures, notarizations, and dates.

Recommended digital workflow settings

Configure electronic routing and authentication to match your internal controls and regulatory needs.

Field	Configuration
Signature Authentication	Email link or SMS code for signer verification.
Field Validation	Require VIN and date formats with masks.
Routing Order	Set signer sequence: agent, lessor, approver.
Record Retention	Auto-archive PDFs and audit logs.

From draft to completed record: the typical flow

A structured flow minimizes delays: prepare, send, authenticate, sign, and archive with audit evidence at each step.

Prepare Document: Upload and place signature and data fields.
Send for Signature: Add signer emails and routing order.
Signer Authentication: Use email, SMS, or stronger methods as required.
Complete and Archive: Store final PDF with audit trail.

Digital signing and system compatibility

Choose settings that preserve audit metadata and retention copies; confirm BAA availability for healthcare workflows and API access for system-to-system archiving.

File Formats: PDF, DOCX supported.
Integrations: Salesforce, NetSuite, Google Workspace.
Security: TLS and AES-256 encryption.

eSignature vendor comparison for executing remarketing agreements

Compare base pricing and capabilities that matter for high-volume finance paperwork; signNow is listed first per standard comparison format.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Available on Business Premium	Plan-dependent	Plan-dependent	Plan-dependent	Plan-dependent
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Plan-dependent	Plan-dependent	Plan-dependent	Plan-dependent
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Key risks and potential penalties

Contract Breach: Damages and indemnity claims.

Title Issues: Invalid assignments can void sales.

Tax Reporting: Incorrect filings may trigger penalties.

Backup Withholding: 24% withholding if TIN missing.

Information Returns: IRC §6721 penalties for incorrect reporting.

Notary Defects: Improper notarization can invalidate documents.

Common mistakes to avoid when preparing the agreement

Using informal or abbreviated party names that differ from filings, which complicates title transfer and enforcement.
Failing to attach an accurate asset schedule, causing disputes over which units were authorized for remarketing.
Omitting clear compensation or expense reimbursement rules, which often leads to claims over net proceeds and deductions.
Neglecting to specify governing law and dispute resolution, resulting in jurisdictional uncertainty during litigation.

Practical examples of how organizations use the agreement

Two typical scenarios illustrate how finance and remarketing teams apply the agreement to accelerate disposition and clarify responsibilities.

Captive Finance Use

A captive lender consolidates returned fleet assets under a remarketing agent to maximize resale value and reduce holding costs.

The agent lists and sells equipment across channels to reach buyers.
The documented fee schedule, reporting cadence, and title-transfer procedures enabled faster auctions and cleaner audit trails for the lender.

Independent Broker Use

An independent remarketing broker receives limited power to sell repossessed units on behalf of multiple lenders.

Broker handles inspection and sale logistics.
Standardized agreements allowed the broker to process lots more quickly, reconcile proceeds reliably, and provide monthly sales reports to each financier.

Typical deadlines and timing expectations

Set clear dates in the agreement for notice, remarketing start, and settlement to avoid disputes and ensure timely tax reporting.

Effective Date:

Date parties sign; governs when authority begins.

Notice Period:

Specify days required to notify before remarketing starts.

Remarketing Start:

Date or triggering event when sales efforts begin.

Settlement Deadline:

When proceeds are reconciled and payments distributed.

Tax Reporting:

Allow time to prepare information returns per IRS schedules.

Frequently asked questions about execution and enforceability

Answers to common legal, signing, and processing questions encountered when using a Finance Remarketing Agreement.

Need help? Contact support

Are electronic signatures valid on these agreements?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states when intent, consent, attribution, and reliable retention are present.
Do I need a notary to transfer title?
Notary requirements depend on the asset type and state. Some title transfers and acknowledgements require notarization; check the applicable state DMV or county recorder rules.
Who must sign the agreement on behalf of a company?
An authorized signatory with corporate authority should sign; attach a board resolution or certificate of incumbency when necessary to demonstrate signing authority.
Can a party revoke an agent's remarketing authority?
Revocation terms should be included in the agreement; absent specific terms, common-law principles and notice requirements may limit immediate revocation effectiveness.
What happens if asset identifiers are incorrect?
Incorrect VINs or serial numbers can lead to failed transfers, buyer disputes, and title issues; correct and confirm identifiers before executing and consider indemnity language.
How should signed records be stored for compliance?
Store signed PDFs with full audit trails, maintain backups, and retain records per applicable laws such as IRC §6501(a) for tax records and 45 CFR §164.530(j) for HIPAA where relevant.

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