Fill and Sign the Referral Agreement Form

Referral Agreement for Sale of Automobile Agreement made on the _____________ (date), between __________________ (Name of Automobile Owner) of __________________________________________ ______________________________ (street address, city, state, zip code), referred to herein as Owner, and _________________ (Name of Referral Agent), of ______________________________________________________________________ _______________ (street address, city, state, zip code), referred to herein as Agent. Whereas, Owner owns an automobile (the Vehicle ) described as follows: Make ___________________________________Model ___________________________________Body Type ________________________________Vehicle Identification Number (VIN) _____________ Year: ____________________________________; and Whereas, Owner has asked Agent to help him sell the Vehicle by finding a purchaser of the Vehicle; andWhereas, Agent has agreed to help Owner sell the Vehicle pursuant to the following terms;Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.Upon the sale of the Vehicle to a person referred to Owner by Agent, Owner shall pay Agent a referral fee of ____% of the sales price of the Vehicle. The referral fee shall be paid to Agent upon the delivery of the Bill of Sale of the Vehicle to the purchaser of the Vehicle. Notwithstanding the foregoing, the referral fee payable to Agent shall be reduced if Agent uses a car auction house or consignment service to find a referral who purchases the Vehicle, in that any fee payable to the auction house or consignment service shall be deducted from the ______% payable to Agent. 2. Agent shall not make promises or issue any warranty either expressed or implied pertaining to the Vehicle unless authorized in writing by the Owner to do so. 3. The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this Referral Agreement and at no time may the Agent represent himself as affiliated with the Owner, except as an independent referrer. In view of this independent relationship the Agent shall not enter into any agreements on behalf of the Owner and shall not incur any expenses on behalf of the Owner 4. Either party may terminate this referral agreement at any time by giving the other party ______ days prior written notice. 5. Each party shall indemnify, defend and hold the other party harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this Agreement.6. SeverabilityThe invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 7.No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________. 9. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 11.Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12.Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13.Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 14.Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 15. Compliance with LawsIn performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.16. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Printed Name of Owner) (Printed Name of Agent) ________________________ _________________________(Signature of Owner) (Signature of Agent)