RAWLS AUTO AUCTION INC
**Arbitration Policy Change RE: Section V. Title Arbitration Policy , Subsection 9**
If Buyer creates an electronic tag or title record hindering Seller's ability to produce title, Buyer will not be able to arbitrate for no title.
Rawls Auto Auction, Inc. (RAA) performs auction services and is not responsible to Buyer or Seller except as stated herein and in the current General Policies of RAA. Buyer and Seller agree; that any claim either may have against RAA must be processed according to these terms and conditions; that their participation in auctions held at RAA may be limited or terminated at the sole discretion of RAA that vehicle is sold to dealer only for resale and without warranty.
Seller warrants and covenants with buyer that he has absolute title to and is the true and legal owner of the vehicle described herein; that vehicle is free from all liens; that he has the right and power to sell and transfer title to vehicle; and that he will defend the same against all claims and demands of any person whomsoever.
Seller is responsible for representing that the mileage reading on his vehicle is accurate, or disclosing that the odometer reading is incorrect or in excess of 100,000 miles. It is also the Seller’s responsibility to enter accurate mileage on any title or transfer document and to furnish an accurate odometer disclosure statement, which the Seller and Buyer shall complete and retain.
Seller agrees to have in RAA’s hands within 30 days, all correct ownership papers to vehicles sold “Title Attached” enabling Buyer to title vehicle in Buyer’s State. Seller is not responsible for any monies spent by Buyer on vehicles that are returned. RAA recommends to Buyers not to retail sale a vehicle without a title, and RAA will not be responsible for any retail sales losses due to not providing a title after the 30 day period.
Buyer agrees and states that he is buying vehicle described herein from Seller for the purchase price shown, has verified the serial number on the vehicle, inspected the actual condition of the vehicle, verified whether vehicle’s odometer is properly functioning and conforms to information appearing on mileage verification statement and all other transfer documents, examined all title and transfer documents and has determined that no discrepancies exist and that the Seller’s documents are acceptable to him. Buyer and Seller agree that RAA processes titles and other documents as a convenience to Buyer and Seller and except as stated specifically herein, it is agreed that RAA shall not be responsible for the contents of said documents. Buyer further agrees that upon payment his transaction has been fully consummated subject to terms and agreements further stipulated and if paid by check no stop payment of his check to this auction shall be honored. On giving a check which is returned marked “Insufficient Funds” or returned for any other reason, it shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated, and shall be construed by the parties as an intent to defraud in order to consummate the transaction.
Buyer agrees that all sales are final with exceptions noted below. Upon departing from the property, all sales are final with the exceptions of: frame damage, flood damage, and odometer discrepancies. Buyer must notify the auction within 7 calendar days. RAA reserves the right to inspect a vehicle prior to making a determination.
RAA guarantees that legal title to vehicle is free and clear of any valid monetary liens. This guarantee is in effect only for a period of 48 months starting on the date hereof and is limited to the purchase price of the vehicle less 2% per month until date Buyer notifies RAA that a claim is being made under this guarantee. The aforesaid provision applies also to a valid claim for a stolen vehicle. This guarantee is expressly limited to Buyer shown herein, is neither assignable nor negotiable, and is expressly conditioned upon Buyer notifying RAA of any claim made by any person regarding this guarantee within 5 days after receiving notice of the same. If Buyer fails to give RAA such timely notification this guarantee shall be void. On payment of any claim arising under the above stated guarantee by RAA of its insurer, the Buyer will execute all necessary papers subrogating his right of recovery against Seller, or other to RAA or its insurer. Buyer shall not surrender possession of this vehicle, except as required by legal process, nor will he pay or acknowledge any claim affecting title to said vehicle, without the prior approval of RAA of its insurer.
RAA specifically makes no representation, guarantee, or warranty and assumes no responsibility regarding mileage of any vehicle sold by any Seller or purchased by any Buyer at RAA.
RAA is not responsible for theft of vehicles, pilferage, collision, mechanical damage, personal injury or personal property loss of any type occurring on RAA property.
The issuance of a check by RAA to Seller shall not be construed as a sale or transaction between RAA and the parties, but merely as a payment by way of accommodation to the parties, without any responsibility whatsoever thereon to RAA. If Buyer or his check is not acceptable to RAA or is uninsurable, the vehicle will be run again and RAA will bear no responsibility regarding prices. If Buyer pays by check, the check is subject to collection, and RAA may withhold title documents until such funds are credited to RAA’s account. RAA is not responsible for not locating top bidder.
All vehicles purchased or sold on RAA property must be processed and paid for through RAA office. All titles and payments must pass through RAA office for processing. Buyer is responsible for verifying serial number on auction invoice and ownership papers being transferred to his name against such actual number on vehicle. No vehicle can be offered for sale without serial number plate of proper verification from law enforcement agency. All vehicles are subject to examinations by law enforcement officers and RAA designated personnel.
Buyers or Sellers may not test drive vehicles on RAA property. Purchased vehicles are to road tested with Buyers dealer license tags on public roads.
In disputes of any nature regarding sale or purchase of vehicles, the decision of RAA shall be final and binding on all concerned.
All policies and rules are posted at the Auction in a place visible to the public, and copies are available at the office counter.
Buyer and Seller acknowledge that they are familiar with the current General Policies and rules of arbitration.
The Buyer shown hereon agrees to pay the indicated purchase price for the vehicle described hereon. Both Buyer and Seller shown hereon agree to be bound by the Terms and Conditions stated hereon and the current General Policies and decisions of arbitration of Rawls Auto Auction, Inc.
This sale is solely a transaction between buying and selling dealers. No representations to third parties regarding title, marketability, merchantability, and any other matter is made or intended.
This Auction is protected under the terms and conditions of an insurance policy through Auction Insurance Agency, Birmingham, Al and the Auction’s posted policy
The title department is available Monday through Friday(9:00-5:00) to help with title questions or problems.
- RAA runs a history check on all vehicles through our sales. (Newer than 10 years old.)
- RAA endorses AUTOCHECK only.
- We reserve the right to refuse information listed by CARFAX or any other vehicle history checking system.
- RAA guarantees title within 30 calendar days with the option to return car for refund. Buyer is required to notify Auction in a timely manner consistent with Auction policy 5 calendar days before returning vehicles. If a valid, negotiable title is presented within the Auctionpolicy notice period (5 calendar days) the transaction will stand.
- There will be a charge for excessive mileage on a returned vehicle. Unit should have no more than 250 miles.
- A vehicle is not considered returned until received, inspected, and approved for return by Auction management. Any vehicle returned MUST be in the same or better condition as when sold.
- For a sold vehicle, title should not be assigned to RAA. Reassignment will be provided at the auction to buyer.
- Title should be turned in on block for "B"and "BB" lane vehicles when papers are signed to avoid a TA (Title Attached) fee.
Titles Attached Fee Schedule as follows:
- A, AA, B, EB and BB must turn titles in on block or turn titles over to the title department prior to the sale.
- Banking or Financial institutions should have the title at the auction prior to sale to expedite receipt of proceeds.
- All repossession titles should be accompanied by a repo affidavit.
- SC does not require a repo title in banks name.
- Fleet lease checks are held at auction until receipt of the title and checks are sent out same day as received.
- All Watercraft must be titled in sellers name.