Arbitration
All Arbitration must be handled through the Auction Arbitration Department.
Arbitration Ends @ 5:00PM on Sale Day. All Mechanical Arbitration is completed the day of sale. (Unless there is a pending Post Sale Inspection.)
Unless otherwise noted, Arbitration claims must be brought to the Auction’s attention WITHIN ONE HOUR after the auction lane closes.
Buyers are encouraged to carefully inspect vehicles prior to and immediately following the sale. Buyers are responsible for putting any vehicle into arbitration which fails to meet seller’s sale day guarantee. Arbitration claims must be filed, in writing within 3 hours of purchasing the vehicle.
Arbitration claims involving Auction’s use of outside labor and/or expense will be charged against responsible dealer. (Determined by Auction)
The Auction DOES NOT guarantee or get involved in any factory or dealer warranty coverage issues on vehicles sold or offered for sale.
The Auction DOES NOT guarantee information listed in Electronic Vehicle Data Histories and may not accept arbitration claims based solely on EDVH data.
The Auction DOES NOT guarantee any warranty books, VIN plates, or the year of kit vehicles, trailers, motorcycles, watercraft, recreational vehicles, antique, homemade or modified vehicles. All of these vehicles are sold AS-IS and have no odometer and/or frame guarantee. The auction does not guarantee titles on watercraft.
Attention: Inoperable Odometers must be brought to the Auction Management’s attention by 5:00PM on the day of the sale. Vehicles must be on Auction premises to be verified.
Attention: Emission Control Equipment missing or inoperable must be brought to Auction Management’s attention by 5:00PM on the day of the sale. (Subject to $500 Repair Limitation) Unit must be on Auction premises.
Attention: Donation Vehicles & Bargain Lane Cars are sold ‘As Is’ and ‘Where Is’ There is no arbitration on these vehicles for any reason regardless of faults or conditions of any kind – including frame or flood, with the exception of unannounced title or odometer issues.
Attention: Insurance Consignment, Damaged Rentals and Salvage are all sold ‘As Is’ and ‘Where Is.’ There is no arbitration on these vehicles for any reason regardless of faults or conditions of any kind- including frame or flood, with the exception of unannounced title or odometer issues.
Attention: Lane 4 aka the INOPS Lane and these vehicles are ALWAYS sold ‘As Is.’
Attention: The Auction WILL NOT be involved in arbitration, adjustment or settlement of any defect or claim on units sold outside of auction block. Such sales are considered AS-IS and cannot be arbitrated for any reason except frame, odometer, flood or title discrepancy except for units $3,000 and under which can only be arbitrated for odometer and title discrepancies.
ARBITRATION DOES NOT APPLY to the following:
| – All Vehicles Over 20 Years Old |
| – Vehicle “Noises” related to a specific model/manufacturer (unless deemed excessive by arbiter) |
| – Clutches and other wearable items |
| – Audio Visual Electronic Equipment and/or Missing Navigation Discs |
| – All Power Accessories including Sunroof & Convertible Top Defects |
| – Air Conditioning System |
| – Visible Cosmetic Defects of any kind |
| – Oil leaks and/or Transmission leaks (unless deemed excessive by arbiter) |
| – Check Engine Light (Mechanical Issues $500+ can arbitrate on Green Light units only) |
| – ABS Light (Mechanical Issues $500+ can arbitrate on Green Light units only) |
| – Air Bag Light (Mechanical Issues $500+ can arbitrate on Green Light units only) |
| – Fluid Level Light (Mechanical Issues $500+ can arbitrate on Green Light units only) |
| – Seat Belt Light (Mechanical Issues $500+ can arbitrate on Green Light units only) |
| – Missing or Deployed Airbags (Unless Unit is run Green Light and brought to management’s attention) |
| – All Minor Mechanical Repairs Less than $500 |
| – Standard Transmissions Cannot be Arbitrated for Manual Clutches (Unless completely inoperative) |
| – All Vehicles Sold in LANE 4 aka INOPS Lane |
Vehicles must be returned to the Auction in the same or better condition than when purchased. Expense reimbursements will be at the sole discretion of the Auction. Refer to the matrix below for arbitration time periods for undisclosed defects.
Vehicles with more than 500 miles on odometer from when originally sold, will not be considered for arbitration.
Arbitration Periods apply only if item is arbitrable, and sale day arbitration items are subject to time of day limitations.
Seller Information:
All guarantees as stated BY THE SELLER are those of THE SELLER ONLY. The Auction makes no representations or guarantees as to the description, equipment, history, warranties, service policy, title status/accuracy or odometer on any vehicle sold or offered for sale.
Seller will not be paid for vehicles in arbitration unless or until arbitration is settled and vehicles are sold.
Arbitration will be limited to the ONE specific defect described in writing by the buyer upon placing the vehicle in arbitration. The arbitrator will inspect only the defect(s) which are on the form. If price adjustment is made and accepted, vehicle becomes ‘As Is’ property of Buyer, and is not subject to any further arbitration for mechanical defects or adjustments.
The decision of the Auction Arbitration Department is final and binding on both the Buyer and Seller.
‘As – Is’ Vehicles Definition- Frame Damage
- Flood Damage
- Salvage/Rebuilt Title
- Any vehicle selling for $3000 OR less.
- Campers
- Trailers
- Boats
- Taxis
- Motorcycles
- Police Cars
- Motor Homes
- Jet skis
- Watercraft
- Kit Cars
- Racecars
- Highly Modified Vehicles
- Diesel Conversions (Diesel/Propane Vehicles)
| NAAA Seller Disclosure Requirements Time Periods for Buyer Discovery | ||
| Green Light | Red Light | |
| Issue | R/D | As-Is |
| Driveability Issues | – | – |
| Transmission problem * | Sale Day Only | N/A |
| Engine problem * | Sale Day Only | N/A |
| Cracked or repaired Block | Sale Day Only | N/A |
| 4×4 system is inoperable * | Sale Day Only | N/A |
| ABS problem * | Sale Day Only | N/A |
| Emission control equipment missing or inoperable * | Sale Day Only | N/A |
| Air Conditioning problems on Calendar year models or newer * | Sale Day Only | N/A |
| SRS absence of or problems with (airbags( * | Sale Day Only | N/A |
| Frame Damage, altered, or repaired Frame Damage per NAAA policy | 7 Days | 7 Days |
| Unibody Damage, altered, or repaired Unibody Damage per NAAA policy | 7 Days | 7 Days |
| Historical-Non-visible Issues | – | – |
| Paintwork (3 panels or more) on Current year models and newer | Sale Day Only | |
| Not Actual Miles (previously TMU) or Inoperative odometer |
7 Days | 7 Days |
| Taxis, Police Cars, Government vehicles that are Calendar year and up to 4 years old | 7 Days | 7 Days |
| Flood Damage (By Auction Inspection) | 7 Days | 7 Days |
| Flood Damage History (Discovered by DMV or Insurance Company Recods) | 120 Days | 120 Days |
| Lemon-Law / Manufacturer’s Buyback | 7 Days | 7 Days |
| Non-original engine (excludes items replaced under manufacturer warranty) Calendar year and up to 4 years | 7 Days | N/A |
| Previous Canadian that are Calendar year and up to 4 years old | 7 Days | 7 Days |
| Salvage or Reconstructed (Including history) | 7 Days | 7 Days |
| State-issued VIN plans | 7 Days | 7 Days |
| Gray Market Vehicles | 7 Days | 7 Days |
| Insureance and/or Salvage titles (including history) | 7 Days After Receipt of Title | 7 Days after Receipt of Title |
| Vehicles being sold with a CO, MSO, or repo affidavit title (if required by state law) | 7 Days After Receipt of Title | 7 Days After Receipt of Title |
| Vehicles being sold with no title (Bill of Sale only) | 7 Days | 7 Days |
| Any state required damage disclosure | 7 Days After Receipt of Title | 7 Days After Receipt of Title |
| * Must annouce defects that are singularly $500 or more to repair. | – | – |
| NAAA Seller Disclosure Requirements or can be arbitrated | Green Light | Red Light |
| R/D | As-Is | |
| Drivability Issues | – | – |
| Frame Damage, altered, or repaired Frame Damage per NAAA Policy |
Yes | Yes |
| Unibody Damage, altered, or repaired Unibody Damage per NAAA Policy |
Yes | Yes |
| Transmission problem | Yes | No |
| Upper Engine problem * | Yes | No |
| Lower Engine Problem (Below Heads) | Yes | No |
| Sludged Engine | Yes | No |
| Cracked or repaired Block | Yes | No |
| 4×4 system is inoperable * | Yes | No |
| ABS problem * | Yes | No |
| SRS absence of or problems with (airbags) * | Yes | No |
| Emission control equiptment missing, modified, or inoperable | Yes | No |
| Air Conditioning problem on Calendar year models or newer * | Yes | No |
| Electrical Problems * | Yes | No |
| Vehicles without Air Conditioning – calendar year models or newer (not equipped) |
Yes | No |
| Historical Non-Visible Issues | – | – |
| Taxis, Police Cars, Government vehicles that are Calendar year and up to 4 years old | Yes | Yes |
| Flood Damage | Yes | Yes |
| Fuel Conversion | Yes | No |
| Lemon-Law / Manufacturer’s Buyback | Yes | Yes |
| Logo or decal misrepresentation | Yes | Yes |
| Non-original engine (excludes items replaced under manufacturer warranty) | Yes | No |
| Not Actual Miles (previously TMU) or Inoperable odometer | Yes | Yes |
| Paintwork (3 panels or more) on Calendar year models and newer | Yes | No |
| Previous Canadian that are Calendar year and up to 4 years old | Yes | Yes |
| Salvage or Reconstructed (Including history) | Yes | Yes |
| State-issued VIN plates (reassigned public VINs) including kit vehicles | Yes | Yes |
| Gray Market Vehicles | Yes | Yes |
| Insurance and/orSalvage titles (including history) | Yes | Yes |
| Vehicles being sold with a CO, MSO, or repo affidavit title (if required by state law) | Yes | Yes |
| Vehicles being sold with no title (Bill of Sale only) | Yes | Yes |
| Any state required damage disclosure | Yes | Yes |
| Non-Arbitrable Issues | – | – |
| Glass damage | No | No |
| Hail damage | No | No |
| Tire problems | No | No |
| Upholstery problems | No | No |
| Visible Body Damage | No | No |
| * Must announce defects that are singularly $500 or more to repair | – | – |
