VEHICLE CONDITION ARBITRATION POLICY
For Title Arbitration visit: acvauctions.com/title-policy
- Buyer will inspect the vehicle immediately upon arrival at Buyer’s location. The Buyer must verify the Seller’s representations and notify ACV immediately of any discrepancies within the time frame as stated in this arbitration policy. Buyer will verify odometer reading upon arrival at Buyer’s location. Mileage must be the same as when purchased if arbitrating for inoperable odometer.
- Vehicles may not be arbitrated solely on Electronic Vehicle History Data (EVHD) AND ACV ONLY VERIFIES CARFAX reporting. ACV may investigate (EVHD) based on information found in CARFAX for information that may impact arbitration.
- Sellers who sell on the ACV App must provide a condition report and have the additional responsibility to disclose defects or damage that are “visible” or “cosmetic” in nature with additional photos. Undisclosed defects or damages that are not visible in the photos may be subject to arbitration by the Buyer due to an inadequate disclosure of damage or condition if repair exceeds $500.
- All vehicles listed for auction must have a public Vehicle Identification Number (VIN) plate attached to the vehicle. Any vehicles having a reassigned VIN plate by the State in place of the original VIN plate must be disclosed or will be subject to Arbitration.
- It is the buyer’s responsibility to perform their research on any disclosed codes or defects and bid accordingly. Any disclosures made to or relating to a specific component/code will RESULT IN NO available arbitration on that component.
- No arbitration can be based on noises or conditions that are inherent or typical to a particular model or manufacturer, unless deemed “excessive” by the diagnosing dealership on non-warranty items. OEM dealer warranty guidelines will be used to determine whether the condition is excessive.
- ACV will not arbitrate vehicles for wearable items regardless of repair cost. For purposes of this policy wearable items are defined as parts of the vehicle that the manufacturer recognizes the need for replacement/adjustment during the expected life of the vehicle. These items are normally identified in the Owner’s Manual for routine check and replacement and would include, but not limited to: tires, wipers, brake pads, shoes, rotors, belts, hoses, seals & gaskets (except head gaskets), lubricants/fluids, timing belts, bulbs, filters, shocks & struts, suspension, exhuast and standard transmission clutches.
- Frame Exclusions: ACV will not arbitrate bolt on components with respect to the frame, this includes bolt on cross members, bolt on engine cradles, and bolt on sub frames. Any component welded or riveted will be subject to arbitration. In addition, ACV will not arbitrate any properly installed Plow, 5th wheel hitches or towing packages.
GREEN, YELLOW, RED, BLUE LIGHT SUMMARY
- Green Light - Covers buyer for ride, drive and frame for 7 days from date of auction or 300 miles. For anything that was undisclosed AND a single defect repair cost is in excess of $500 at WHOLESALE PRICING
- Yellow Light - Warning, a MAJOR announcement is disclosed on the auction. a YELLOW LIGHT will appear in addition to a GREEN LIGHT or a RED LIGHT. Any announcements that are accompanied with a YELLOW LIGHT are NOT eligible for arbitration.
- Red Light - Vehicle is being sold AS-IS and can only be arbitrated if sold over $1000 AND have unannounced Salvage, Frame Damage or TMU (True Mileage Unknown)
- Blue Light - Vehicle being sold as TA (title absent). A transferable title does NOT accompany the vehicle; Seller has 21 days to provide a transferable title to ACV Auctions.
GREEN LIGHT POLICY DETAIL
- GREEN LIGHT is a “Ride, Drive, & Frame” policy whereby seller is ensuring that Mechanical, Electrical and Frame are all in proper functioning condition.
- The buyer has 7, 14 or 21 business*** days from the date of auction or 300 miles from the odometer reading listed in the auction, whichever occurs first, to bring a potential issue to the attention of ACV **.
- For a VALID arbitration issue, a single defect must have a repair cost in excess of $500.*
ACV will validate the issue and in order to reach a resolution, may require the buyer to in time frame set by arbitration:
- Provide additional photos or video;
- Make vehicle available for third party mobile validation;
- Bring the vehicle to a licensed third party repair facility to verify the issue.
- ACV reserves the right to pay for parts and labor expenses associated with any arbitration claim related to bolt-on components before the deal can be unwound.
- Anything not disclosed in the condition report in excess of $500,* can be arbitrated if determined that the vehicle was misrepresented within the listing.
- All vehicle condition disputes between buyer and seller must be facilitated by an ACV moderator and the ruling is final.
* All costs are figured by ACV Auction at wholesale dealer cost, which implies used, remanufactured, and/or aftermarket parts as well as discounted labor rates. Price adjustments may be made by the seller, up to the amount necessary, to resolve a problem and will be figured off wholesale dealer costs.
** An additional 7 days from point of notification may be granted to buyer in order to get vehicle diagnosed properly.
*** Depending on service level purchased.
GREEN LIGHT SELLER DISCLOSURE REQUIREMENTS
- Mechanical defects in excess of $500 per item.
- Vehicle accessory electrical defects in excess of $500 per item on vehicles 4 model years old or less.
- Vehicles not equipped with A/C (excludes vehicles 10 years old and older).
- Paintwork (bumpers and brush touches not included).
- Voided factory warranties.
- Frame Damage (existing, modified or repaired) per NAAA Structural Damage Policy.
- Inoperative Odometer / TMU (excludes vehicles 10 years old and older, unless a mileage discrepancy is known or apparent to the seller).
- Salvage vehicle, (including current title or history REPORTED BY CARFAX ONLY). Previous Taxi, Livery and Emergency vehicles.
- Flood Damage current or history (including documented by DMV or Insurance Company). Missing Catalytic Converters.
RED LIGHT “AS-IS” POLICY DETAIL
Vehicles being sold AS-IS are not subject to arbitration for mechanical, electrical, cosmetic, or visible damage. AS-IS vehicles will only qualify for arbitration under the seller disclosure requirements (listed below). Vehicles selling for $1000 or less will not be available for ANY arbitration with the exception of non-transferable or branded title. RED-LIGHT vehicles are sold Buyer Beware. ACV will not involve themselves in a dispute regarding the condition of a RED-LIGHT vehicle purchase.
RED LIGHT SELLER DISCLOSURE REQUIREMENTS
- Frame Damage (existing, modified or repaired).
- Salvage vehicle (including current title or history).
- Inoperative Odometer / TMU (including history REPORTED BY CARFAX ONLY).
- All significant Condition Report disclosers from ACV are sent to CARFAX.
The buyer has 7, 14 or 21 business days*** from the date of auction or 300 miles from the odometer reading listed in the auction, whichever occurs first, to bring a potential FRAME issue to the attention of ACV.
***Depending on service level purchased.
YELLOW LIGHT POLICY DETAIL
In the case of a major announcement disclosed on an auction, a Yellow Light will appear in addition to a Green Light or Red Light. Any announcements that are accompanied with a Yellow Light are not eligible for arbitration. The Yellow Light supersedes a Green Light with regards to the announcement that is made.