Sellers - You will build confidence and create goodwill by announcing all defects regardless how minor.
Buyers – This is a used vehicle auction. Most used vehicles have defects or wear and tear. Always allow for this in your bidding. Check your vehicles carefully before you bid.
- Only licensed motor vehicle dealers or their authorized representative, first approved by the auction, may do business and must furnish:
- Registration application completed and signed by owner.
- GST/HST number mandatory and PST document where applicable.
- Business and credit references acceptable to the auction.
- Updated documents as they expire (i.e. yearly license renewal).
- Note: Dealer is responsible to IMMEDIATELY notify Auction of any material changes in the above, including authorized personnel.
- Your Dealer ID card must always be used to enter the Auction, to register cars and to sign for purchases. Any lost or stolen ID Cards must be reported to the auction in writing. Without notification, you are responsible for any and all transactions processed with the ID card.
- Retail customers are not allowed on auction premises at any time. Dealers violating this policy will lose auction privileges. No children under the age of 16 years allowed on auction day. Dealers and representatives must register on auction day and wear an auction badge. Driver access to auction premises is limited to designated areas only. Drivers are not allowed in the auction lanes or yard during auction.
- No backyard dealings. All vehicles sold on auction premises must be transacted through the office. Any dealer violating this policy will lose auction privileges and will be responsible for auction fees.
- All vehicles consigned must be processed through the auction without exception. Vehicles sold before reaching the block will be auctioned in the new owner's name. The vehicle may be sold a second time or may result in a ‘No Sale.' In either case, normal auction fees will apply.
- All vehicles must be paid for on auction day NO EXCEPTIONS. Only company cheques will be accepted. Larger purchases must be paid for by issuing cheques in multiples of $50,000. Personal or counter cheques are not acceptable. Purchases over $50,000 must be pre arranged with auction management.
- The auction makes no representation regarding the year of any recreational vehicle, motorcycle, boat and motor, snowmobile, golf cart, antique, reconstructed vehicle, machinery, etc. Satisfy yourself before bidding, as the auction will not get involved in any subsequent dispute.
- The seller represents his/her cars, not the auction. The auction acts as an agent only between buyer and seller.
- The seller guarantees to the auction in his/her representation as owner, that he/she has the right to transfer the vehicles(s) with good title and that the vehicles(s) are free and clear of all liens and encumbrances. This guarantee is passed on to the buyer and will reduce at two (2) percent per month of the selling price as per the established regulations of the Auction Insurance Agency.
- No vehicle will be offered for sale without the serial plate or proper identification. The seller is responsible for verifying serial numbers on all units consigned to the auction. Purchasers must check all VIN numbers with the manufacturer immediately to ensure valid warranty, mileage and to protect against insurance write-offs.
- Both sellers and buyers have responsibilities to adhere to in order to complete any sale transaction:
- Sellers must ensure that all representations and declarations are properly made, odometer reading and model year posted on the window are accurate and the vehicle is properly represented at the block. Sellers must also verify the lowest acceptable bid (firm price) they will take to sell the vehicle. Errors, omissions, misrepresentation by or on behalf of the seller are subject to arbitration and can lead to negating the sale.
- Buyers must ensure that the model year, serial numbers, odometer reading, trim codes and any arbitrable items not declared are verified prior to leaving the auction premises. Failure to do so eliminates the ability to have any given sale reviewed in arbitration. (Exception: Vehicles that qualify for extended arbitration)
- Any stipulation, promises or guarantees made between buyer and seller are strictly between buyer and seller. The auction assumes no responsibility for verbal commitments.
- Auction assumes no responsibility for:
- Warranty books or cards
- Damage to engine block by frost or low fluid levels, fire, theft, vandalism or other damage. The auction does not provide insurance coverage on vehicles except public liability for its own negligence. Sellers and buyers must carry their own physical damage, fire and theft insurance.
- The validity of odometer readings is the seller’s responsibility. For dealer protection, the odometer reading is recorded on all auction sale agreements.
- No vehicle is allowed to leave the auction premises without a release slip/gate pass and payment in full.
- Auction reserves the right to interpret all rules relating to the terms and conditions of doing business at the auction and arbitration policies affecting vehicles. Policies are subject to change without notice.
- Dealers ‘price boosting’ (shilling) their own, or other dealer’s vehicles expose themselves to permanent loss of auction privileges. Anyone caught tampering with or removing parts from vehicles will be permanently banned from the auction. Dealers are responsible for the conduct of their drivers and all representatives.
- Auction vehicles requiring pushing, towing or fuel will incur additional fees.
- Units with missing, tampered, illegible ID or warranty stickers that do not match the serial plate (VIN) are subject to police inspection before they may be processed through the auction.
- All registrations must be hard copy, in the selling dealer’s name. Cheques will not be released to the seller until proper registration is received.
- Expenses and outstanding accounts receivable will be deducted from sellers' cheques.
- No Sale Vehicles may be re-run at the end of the auction by written request of the seller. A 'Re-Run’ fee will apply. Vehicles consigned to auction that do not sell will automatically be washed and re-consigned for next auction. The seller is responsible for a recon fee and all entry fees incurred. All vehicles that have crossed the block are eligible to sell after the auction. Regular fees apply to ‘in-between' and ‘off the block’ sales.
- All arbitration concerns must be received by 5:00 pm the day of the auction – NO EXCEPTIONS. All vehicles must be paid in full in order to be submitted for arbitration. The auction urges you to thoroughly inspect and test drive all vehicles prior to leaving the immediate premises to avoid any unnecessary inconveniences/expenses.
- Any arbitratable item that can be repaired for $750 (excluding taxes) or less is not subject to arbitration for vehicles sold for under $40,000 . Vehicles sold for $40,000 and over the arbitration threshold is 2% of the vehicle sale price. This expense belongs to the buyer. (Note: Excluding structural damage subject to the opinion of the arbitrator.)
- Any unauthorized costs or charges incurred against the vehicle atter removal from the auction are the buyer’s responsibility. Vehicles requiring extended arbitration are to be returned directly to the auction.
- Declare your problem vehicles to avoid unnecessary arbitration. The auction will not allow cases of deception on the part of the sellers as interpreted by the auction arbitrator. This includes hidden structural damage, two cars welded together, converted or modified engines or transmissions, etc. Any arbitration and cancellation of sales because of obvious defects that should have been declared will result in the selling dealer being charged full commission (both buyer and seller fees and any related transportation and mechanical inspection fees).
- When a specialty shop has to be consulted, the cost of consulting such an expert will be charged to the seller if the complaint is valid. However, the cost will be charged to the buyer if the complaint is not valid (including towing, or transportation costs if necessary.)
- The following vehicles are sold AS IS with NO RECOURSE:
- Vehicles sold For $1,000 or less
- Vehicles sold with True Mileage Unknown
- Vehicles sold as salvage/insurance write-offs (not repaired)
- Corporate vehicles sold ‘AS IS’
- Stolen and Recovered
- NEW: Effective April 1, 2019 - Under all lights, for vehicles that sell for $2,000 or less arbitration is limited to odometer, title issues, branding issues and structural damage caused by collision only.
- Not subject to Arbitration - 'smoky motors’, ‘blow by’ and noisy lifters on vehicles showing in excess of 95 000 km or 60 000 miles. All visible and minor defects, regardless of mileage, such as: Windshields, missing accessories, minor nonstructural sheet metal damage only (repaired or not), shocks & struts, brakes, exhaust systems, rust, tires, electrical accessories, steering gear, suspension system, clutches, air conditioning.
- Extended Arbitration is available to buyers who have purchased a vehicle with undeclared structural damage, insurance write-off or any vehicle where odometer tampering can be confirmed. Vehicles qualifying for extended arbitration must be filed within 6 days of the auction where it was sold.
- Arbitration Adjustment: If a seller is willing to repair an arbitrated vehicle in order to keep it sold, the final decision is with the auction arbitration manager.
The following declarations must be made by sellers under the appropriate lights:
Red Light - Major Defects
- Drive Train
- ABS Brakes
- Engine
- Transmission
- Differential
- Accident and Repair
- Structural Damage
- Major Computer/Electrical Defects
- Stolen and Recovered Vehicles
- Ex Taxis & Police Cars
Air bags and seat belts - sellers are responsible for these items as per ministry consumer guidelines.
Any vehicle that has been extensively damaged and repaired must be declared under the red light. This includes Insurance rebuilds or insurance write-offs or any vehicle having sustained frame damage, structural damage, including roof, excessive rusting of frame or unitized body, serious hidden rust and cracked or welded blocks. Pollution equipment and emissions controls must be declared if they are not intact, operative or if they do not meet D.O.T. standards. (Complaints regarding the above must be reported by 5:00 pm on auction day.)
Blue Light - Odometer Declarations
- 5-digit odometer over 100,000 km
- Odometer not working
- True mileage unknown
- Odometer in miles
The auction DOES NOT guarantee the validity of the odometer reading. The auction merely reports and records the odometer reading at the time of auction. It is the buyer's responsibility to check the odometer. The window is marked as a guide only. Watch the blue light and listen for declarations. Odometer readings are between buyer and seller. Odometer disputes are resolved through joint negotiation between the buyer, the seller and the appropriate government or police authority. NOTE: all paperwork at the auction is subject to review or inspection by any police authority conducting theft or odometer investigations.
Yellow Light - Registration Declarations
**Auction reserves the right to interpret all rules relating to terms and conditions of doing business at the auction and arbitration policies affecting vehicles, policies are subject to change without notice.
- Seller’s Disclosure Requirements - Sellers must disclose structural damage, repairs or replacement as outlined in this policy prior to selling a vehicle at auction, the recommended declarations are: * Structural Damage - the vehicle has structural damage and/or repairs.
- Seller’s Disclosure Not Required - No declaration will be required for existing insignificant damage or repair thereof. Insignificant damage is defined as: * Damage due to transport tie-down, improper jacking or lifting, contact with parking abutments, or bolt-on components.
- Measurement of Vehicles - Selling auction will, at its discretion, have a vehicle measured at a facility of its choice. Prior to measurement a vehicle must first visually indicate a physical condition to warrant the measurement. Purchaser will agree to pay for this measurement if the vehicle is within the UVMS. Seller will be responsible for charges if the vehicle is found to be beyond the UVMS.
- Undisclosed Structural Damage or Repair - A vehicle may be arbitrated if it has undisclosed existing or repaired damage which should have been disclosed.
- Arbitration Period - Buyer must arbitrate improperly disclosed structural damage within 6 calendar days from date of purchase. The vehicle must be returned to the selling auction or to an auction or facility designated by the auction.
- Buyer’s Reimbursement by Seller - In the event of improperly disclosed structural damage the seller will be responsible to reimburse the Buyer for:
- The actual price of the vehicle,
- The buyer's fee,
- Inspection and arbitration fees incurred at the auction, and reasonable transportation costs actually incurred transporting the vehicle to and from the Buyer’s dealership.
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Disclosure Requirement
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Component
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Unibody
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Unibody on Frame
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Conventional Frame
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| 1. Radiator Core Support – Including the upper and lower tie bars, center support or side baffles |
None
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| 2. Frame Rail Extensions (Ears) – On frame vehicles that area at the end of the frame rail to which the bumper, reinforcement or isolators attach |
None
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| 3. Frame Rails Including front center & rear rails |
Existing or repaired damage, or replacement
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| 4. Spring Pod and Torque Box or Stabilizer Mount |
N/A
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Existing or repaired damage, or replacement
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| 5. Cross members - except Bolt-Ons |
N/A
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Existing or repaired damage, or replacement
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| 6. Apron/Upper Reinforcement Rails |
Existing or repaired damage, or replacement
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N/A
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| 7. Strut Tower |
Existing or repaired damage, or replacement
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N/A
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| 8. Cowl Panel/Firewall - excluding cowl vent panel |
Existing or repaired damage, or replacement
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N/A
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| 9. Roff Support Pillars - "A", "B" or "C" Pillars |
Existing or repaired damage, or replacement
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| 10. Roof |
Replacement
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| 11. Rocker Panel - Outer |
Replacement
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None
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| 12. Rocker Panel - Inner |
Existing or repaired damage, or replacement
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None
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| 13. Floor Panels |
Torn, perforated or replaced floor panel
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None
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| 14. Quarter or Cab Panel |
Replacement
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None
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| 15. Rear Body Panel |
None
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