General
Policies
Only licensed motor vehicle dealers or their duly
authorized representatives are eligible to transact business at
our auction. We are a dealer only auction and retail customers
are not allowed at our facilities unless specified by law.
All sales that are negotiated and/or consummated on our premises must be
processed through the auction with full auction fees. Buying vehicles outside of
the sale is strictly prohibited and could result in loss of auction privileges.
For safety and insurance purposes, you must be registered with the auction,
18 years old and have a valid driver’s license to be allowed on auction
premises.
Factory warranties/ guarantees and the resolution thereof are not within the
scope of the auctions operations.
The auction will not accept for sale the following:
1. A VIN plate that has been removed or altered unless reassigned by proper
authorities.
2. Unsafe vehicles- as determined by the auction staff.
3. Gray market or vehicles not meeting U.S. standards.
4. Vehicles that do not have a clear USA title.
The policies of this auction are intended to promote fair and ethical
treatment to both the Buyer and Seller. If the
auction determines that the transaction is not fair and ethical to either party,
the Seller and Buyer agree that the auction may
cancel the sale, at its sole discretion.
Certain sellers may establish arbitration rules that are independent of the
Auction’s. These policies are posted and
copies are available upon request. It is the Buyer's responsibility to
understand these policies.
The Auction does not guarantee information listed in Electronic Data Vehicle
Histories (i.e., Carfax, Auto Check, etc.)
and will not arbitrate solely on EDVH data.
The auction has not verified and makes no representation or guarantees as to
the description, equipment, warranties, or odometer on any vehicle sold or
offered for sale. The buyer assumes the responsibility to verify all of the
seller’s representations, warranties and descriptions and to notify the auction
in case of any discrepancy, not later than the closing time of day of sale, or
as specified in the guarantees. If information placed on windows by consignor is
incorrect, the sale will be voided or the price adjusted at the Auction’s
discretion.
Dealer Approval
1. Completed Dealer Registration Form.
2. A copy of the Dealer’s License.
3. Banking and business references.
4. A copy of a driver’s license and a social security card.
5. A Federal tax I.D. #.
6. Copies of Corporate Resolutions reflecting Corporate Officers.
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Light / Announcement System
TA - Title Attached, TA – title is not present
Green Light / Auction Guarantee - Meets conditions for sale under Auction
Guarantee.
Red Light / As-Is – See “As- Is” guidelines.
Yellow Light / Defect- Announcement exists. Ask auctioneer or ringman. Buyer
beware.
Sellers Announcements
Any announcements on the invoice must be placed by the Auction staff prior to
vehicle crossing the block. Failure to follow this procedure MAY result in
unwind of vehicle. These announcements include:
Broken Odometer / TMU – (Sellers still must announce Miles Over on TMU if over
100k)
Fuel Conversion
Miles Over 100k, 200k, etc.
Engine Change
No Published Vin
Air Bags Missing/ Deployed
Fire Damage
Salvage Title
Flood Damage
Frame Damage
Prior-Police, Taxi, Auto Check Discrepancies
Emission control equipment as manufactured must be present or announced
missing.
4 x 2 Trucks and SUV’s must be announced
Sellers are not required to certify mileage on vehicles that are considered
“exempt” under federal law (Sec. 7105,
Public Law 105-178, June 9, 1998), except in cases where the local or state laws
supercede the federal requirements. However, Sellers may represent miles on
exempt units - any statements made by the Seller and all known odometer
discrepancies are grounds for arbitration.
The Seller is responsible for all documented expenses incurred by the Buyer
(excluding profit, commissions and detail charges) on vehicles arbitrated for
unannounced conditions not detectable through vehicle inspection (i.e. stolen
vehicle, odometer, title discrepancy). The Seller has the responsibility to
announce any state or local DMV fees, taxes or other fees due on the vehicle.
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Method of Payment
All vehicles must be paid for on the day of sale or be subjected
to applicable late payment fees. Acceptable Methods are:
1. Cash
2. Checks- company or certified, only with prior approval by
auction management.
Pay for each car with a separate check. Any returned check will
subject buyer to potential suspension or termination of trading
privileges at this Auction. Buyer will also be expected to pay
all expenses connected with collection of unpaid items.
Late Fees – A late fee of $100 per unit will
be assessed for vehicles that are not paid for on sale day and
an additional $15 per day after the first 7 days.
Insufficient Funds – A $100 fee will be assessed for each check
that is returned by the bank.
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Buyer Responsibilities
Buyers are encouraged to inspect vehicles prior to the sale. Buyers are
responsible to ensure that they are aware of the price the auctioneer is
offering. A misunderstanding of the price must be clarified prior to signing the
bill of sale. The sale price of the vehicle is not subject for arbitration.
Buyers should put any vehicle that they deem to be misrepresented into
arbitration no later than two hours after the sale ends unless otherwise noted.
Once a vehicle has permanently left the lot, it is no longer arbitratable for
sale day items.
Expenses regarding any mediated vehicle must be in writing, verifiable,
reasonable and are the responsibility of the seller. All expense invoices must
be turned in at the time of arbitration. Arbitration has sole discretion in
determining the validity of any bills submitted for reimbursement.
The Buyer will follow Auctioneer’s cadence on price – any misunderstanding
concerning price must be addressed at the drop of the auctioneer’s hammer not
following the sale of the vehicle.
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Sale Day Guarantee Arbitration Guidelines
Arbitration rules excludes mechanical, non-wearable items that can be fixed for
$400 (wholesale) or less as determined by the Auction’s Arbitration Department.
Cars are sold subject to any and all visible defects. Mechanical labor will be
based on the Mitchell Manual.
Vehicles sold under the green light will have no defects in:
Engine, ABS system, Differential, Transmission, CV joints
Drive train (Backlash and computers are covered on current model year and one
year old vehicles with less than 50,000 miles.)
Air conditioning guarantee is limited to the compressor clutch engaging only.
Vehicles will be deemed to have excessive body and paint on current year
vehicles only and will be deemed excessive only if three or more side panels or
two or more panels, i.e. hood, roof or deck lid are affected.
Supplemental restraint systems (SRS) are present on all vehicles manufactured
with such systems. Any SRS warning lights, which are on or inoperative, must be
announced.
Specifically excluded are:
Brakes, Front ends, Clutches, Electrical System, Fuel System, Steering
Components, Universal Joints, Transmission or Power Steering leaks
Dodge/Jeep/Chrysler differentials
2-Day Guarantee
The following carry a 2-day guarantee. Sale Day is Day 1. Expense reimbursement
will be for transportation related expenses only.
Cracked blocks on Green Light vehicles
Broken odometers. Mileage will be verified using the auction check in form.
7-Day Guarantee
The following carry a 7-day guarantee. Sale Day is Day 1. Expense reimbursement
will be for transportation related expenses only.
Flood and fire damage.
Engine changes and fuel conversions not announced on vehicles five model years
and newer.
Missing emission control equipment
Frame Damage
The auction has elected to follow the frame damage guidelines as set forth by
the National Auto Auction Association. Copies of these guidelines are available
from dealer registration. In addition, the auction has the following policies
regarding frame damage:
1. The term “possible frame “ is not acceptable at the Auction.
2. Lowered vehicles must be announced and are not subject to Frame Damage
guarantees if damage is the result of lowering the vehicle only!
Frame Damage Reimbursement Policy on vehicles returned for frame, the auction
will only reimburse the buyer for transportation related expenses. Vehicle must
be returned to the Auction within 48 hours of notification unless specific
arrangements are made for such events as an out of state buyer.
Gray Market Vehicles (Canadian Vehicles)
14-Day Guarantee from receipt of
title.
1. Only vehicles made in North America for Canadian use and properly converted
to U.S. specifications can be sold. No other Gray Market vehicles are accepted
for sale. If a vehicle was manufactured in Canada for the Canadian Market, the
Manufacturer is required to obtain and affix a U.S. Safety Standard
Certification Label to the vehicle.
2. Sellers must inform the auction that a vehicle is a Canadian vehicle at time
of registration and must disclose that to the Buyer in writing as an announced
condition on the block ticket.
3. If a vehicle was manufactured in Canada for the U.S. Market, there must be a
Manufacturer’s Certification Label affixed to the vehicle. This label must
clearly state the vehicle was in conformance with federal safety standards on
the date of manufacture.
4. All other vehicles imported from Canada must be imported through a Registered
Importer. Registered Importers are required to post a bond with the U.S.
Department of Transportation. All vehicles imported through a Registered
Importer must have:
a) U.S. Safety Standard Certification Label that identifies the Registered
Importer
b) Safety Defect Recall Insurance Policy issued by the Registered Importer. This
insurance policy must be with the
vehicle and remain in effect for eight (8) years from the date of issuance by
the Registered Importer.
c) Valid U.S. Title
5. All Canadian vehicles, whether imported by a Manufacturer or a Registered
Importer, must show miles per hour on the speedometer and miles traveled on the
odometer. Title 49, United States Code, Chapter 327, Section 32704, allows
replacement of odometers without a doorframe sticker if the conversion from
kilometers to miles can be done without changing the distance traveled by the
vehicle; therefore, replacement of an odometer under these circumstances does
not have to be announced by the Seller.
6. Vehicles must be sold under the yellow light with the following
announcements:
a) Previous Canadian vehicle
b) Odometer change (if necessary)
c) Voided or Unaccepted warranties
d) No liens on vehicles
As-Is Vehicles
The following vehicle types are “As-Is”. Look for red lights on these vehicles:
Frame, flood, and fire damaged vehicles.
Salvage and previous salvage vehicles.
True Miles Unknown (TMU) and or broken odometer.
Push, Video or tow-through units.
Seller may override the “As-Is” and sell the following with an Auction
Guarantee.
Over 100,000 miles,
Ten model years or older.
Motor homes, campers, travel trailers and buses.
Police, taxis, and kit cars.
Boats, motorcycles, snowmobiles, jet skis, and the “toys”.
Exempt Mileage Announcements
Some states do not recognize the announcement of “Exempt” as applied to an
odometer statement. If you buy a vehicle with an “Exempt” odometer disclosure
and intend to retail or title this vehicle be advised that the title you obtain
may bear an odometer brand of “Not Actual Mileage.” This is the policy of the
State of Ohio and some other states and will not serve as a reason to arbitrate
the vehicle. Buyer Beware! The Exempt announcement does not cover odometers that
have been changed or tampered with.
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Offers and Outside Sales
All vehicles consigned to the sale must cross the block prior to
an offer being approved by the auction. Vehicles sold
off-the-block or on an offer, will be sold the same as on the
block unless stipulated in writing by the seller and agreed to
by the buyer. Off block deals are not final until both the buyer
and the seller consummate the transaction. Once an offer has
been made the buyer should consider the deal completed unless
advised to the contrary by the auction. The appropriate sale
fees are due to the auction on any transaction when contact is
made on the auction premises whether or not the vehicle is sold
on the auction block.
Title Policy
The Auction guarantees the title of vehicles that are sold
through the Auction. This guarantee of the title warrants that
title shall be marketable and free and clear of all liens and
encumbrances, including any brand such as ‘salvage,’ noted upon
the current or any prior certificate of title, at the time the
vehicle is sold through the Auction and for a period of 60 days
from the date of the auction sale. The Auction's liability under
this title guarantee shall never exceed the auction sale price
of the vehicle and this maximum amount shall be reduced by 2%
per month following the auction sale date. Buyers are cautioned
not to sell or spend money on any vehicle until the title is
received. The Auction will not be responsible for any expenses
incurred on vehicles returned for late title.
TA – Vehicle Return Policy
Sale Day is Day One for all auctions. There will be no expense
reimbursements for this rule. Buyer must give a 24-hour notice
before returning vehicle to the auction (3 Days in Tennessee).
Wisconsin and Ohio - Seller has 15 days to produce title.
Michigan - Title must be present on sale day unless announced
at the block.
Tennessee - Seller has 30 days to produce title. Buyer must
give 3-day notice to return vehicle.
Internet/Online Sales
Online Sale Day is the day when the vehicle is delivered to
the buyer’s lot – Not to exceed 7 days. The buyer has 24 hours
for sale day arbitration.
Substandard paintwork must be announced on Internet sales
within 5 model years.
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