BidACar Arbitration Policy

BidACar Arbitration Policy

Effective Date: 2025-08-25

1. Introduction

BidACar is committed to providing a technology-driven inventory management platform that facilitates efficient dealer-to-dealer vehicle transactions. This Arbitration Policy outlines the guidelines and procedures for resolving disputes between dealers regarding vehicles transacted through our platform. By registering with BidACar and using our services, all dealers agree to abide by this Arbitration Policy.

BidACar is a technology platform that facilitates connections between automotive dealers. BidACar is not a party to any transaction between dealers and does not buy, sell, or take possession of any vehicles or titles. The Platform provides tools and services to facilitate dealer-to-dealer transactions, but all transactions occur directly between dealers.

2. Definitions

2.1 Platform: BidACar and its technology infrastructure that facilitates connections between automotive dealers.

2.2 Seller: The dealer listing and selling a vehicle through the BidACar platform.

2.3 Buyer: The dealer purchasing a vehicle through the BidACar platform.

2.4 Transaction: The sale and purchase of a vehicle between a Seller and a Buyer.

2.5 Arbitration: The formal process for resolving disputes between Buyers and Sellers regarding vehicle condition, representations, or other transaction-related issues.

2.6 Frontline Vehicle: A vehicle that meets industry standards for retail-ready condition as defined by the Seller.

3. Platform Role in Transactions

3.1 Facilitator Status

BidACar is a technology platform that facilitates connections between automotive dealers. BidACar is not a party to any transaction between dealers and does not buy, sell, or take possession of any vehicles or titles.

3.2 No Representations or Guarantees

BidACar makes no representations or guarantees on any vehicle sold or offered for sale through the platform. All representations regarding vehicle condition, history, and quality are made solely by the Seller.

3.3 Contract Relationship

The sales contract is exclusively between the Buyer and Seller. BidACar is not a party to this contract.

3.4 Transaction Processing

BidACar provides technology services to process transactions between dealers, but this does not constitute involvement in the transaction itself.

4. Seller Responsibilities

4.1 Accurate Representations

Sellers are solely responsible for all representations made about vehicles listed on the platform, including but not limited to:

  • Vehicle condition
  • Mileage
  • Accident history
  • Mechanical condition
  • Title status
  • Previous use
  • Options and features

4.2 Disclosure Requirements

Sellers must disclose all known material facts about the vehicle, including:

  • Structural damage
  • Flood or fire damage
  • Odometer discrepancies
  • Title brands or history
  • Major mechanical issues
  • Significant body repairs
  • Aftermarket modifications
  • Any condition that materially affects the vehicle's value

4.3 Vehicle Inspection

Sellers are responsible for inspecting vehicles prior to listing and accurately representing their condition.

4.4 Documentation

Sellers must maintain and provide upon request all documentation supporting their vehicle representations.

4.5 Title Delivery

Sellers are responsible for delivering clear title to the Buyer within the timeframe specified in the transaction.

5. Buyer Responsibilities

5.1 Due Diligence

Buyers are responsible for conducting appropriate due diligence before purchasing a vehicle, including:

  • Reviewing all available vehicle information
  • Asking questions about the vehicle prior to bidding/purchase
  • Arranging for inspection if desired

5.2 Inspection Option

Buyers have the option to:

  • Inspect vehicles personally before bidding/purchase
  • Arrange for third-party inspection before bidding/purchase
  • Purchase subject to post-sale inspection within the timeframe specified in this policy

5.3 Timely Notification

Buyers must notify Sellers of any potential arbitration claims within the timeframes specified in this policy.

5.4 Documentation

Buyers must provide documentation supporting any arbitration claim, including inspection reports, photographs, and repair estimates.

6. Arbitration Eligibility

6.1 Eligible Issues

The following issues may be subject to arbitration between Buyer and Seller:

  • Material misrepresentation of vehicle condition
  • Undisclosed structural damage
  • Undisclosed major mechanical issues
  • Mileage discrepancies
  • Title issues
  • Undisclosed accident history that materially affects value
  • Missing disclosed options or features

6.2 Ineligible Issues

The following issues are not eligible for arbitration:

  • Items disclosed by the Seller
  • Items that should have been discovered during reasonable inspection
  • Minor wear and tear appropriate for the vehicle's age and mileage
  • Minor cosmetic defects
  • Maintenance items (e.g., fluids, filters, belts)
  • Issues arising after the arbitration period
  • Buyer's remorse or changing market conditions
  • Subjective opinions about vehicle value

6.3 Minimum Claim Threshold

To qualify for arbitration, the estimated repair cost for the undisclosed issue must exceed $700 for vehicles sold for more than $10,000, or $1,000 for vehicles sold for less than $10,000. Vehicles with over 100k miles must be inspected. If buyer refuses inspection only Frame and driveline will be garenteteed.

7. Arbitration Timeframes

7.1 In-Person Transactions

For vehicles inspected in person by the Buyer prior to purchase, arbitration claims must be submitted within 2 business days of the sale.

7.2 Online Transactions

For vehicles purchased online without physical inspection by the Buyer, arbitration claims must be submitted within 7 calendar days of the Buyer receiving the vehicle.

7.3 Title Issues

Arbitration for title issues must be initiated within 30 calendar days of the sale.

7.4 Delayed Discovery

For issues that could not reasonably be discovered within the standard timeframes (e.g., title brands, odometer discrepancies), arbitration claims must be submitted within 7 calendar days of discovery, but no later than 90 days from the date of sale.

7.5 Transportation Time

The arbitration period begins when the Buyer receives the vehicle, not when the transaction is completed.

8. Arbitration Process

8.1 Direct Resolution

Buyers must first attempt to resolve the dispute directly with the Seller before initiating formal arbitration.

8.2 Arbitration Initiation

If direct resolution is unsuccessful, the Buyer may initiate arbitration by:

  • Submitting an arbitration request through the BidACar platform
  • Providing detailed description of the issue
  • Uploading supporting documentation (photos, inspection reports, repair estimates)
  • Specifying desired resolution

8.3 Seller Response

The Seller will be notified of the arbitration claim and must respond within 3 business days with:

  • Acceptance or rejection of the claim
  • Supporting documentation if rejecting the claim
  • Proposed resolution if accepting the claim

8.4 Evidence Requirements

All arbitration claims must be supported by:

  • Clear photographs of the issue
  • Inspection report from a licensed mechanic or qualified third party
  • Written repair estimate from a reputable repair facility
  • Any other relevant documentation

8.5 Optional Mediation

If the Buyer and Seller cannot reach agreement, either party may request BidACar to provide optional mediation services.

8.6 Mediation Process

If mediation is requested:

  • BidACar will review all submitted documentation
  • BidACar may request additional information from either party
  • BidACar may suggest a resolution based on industry standards
  • Both parties must agree to any proposed resolution

8.7 Independent Inspection

In cases where the facts are disputed, BidACar may suggest an independent inspection by a mutually agreed-upon third party. The cost of this inspection will initially be paid by the requesting party and ultimately assigned according to the outcome.

8.8 Final Resolution

If the parties cannot reach agreement through mediation, they may:

  • Continue negotiating directly
  • Pursue resolution through other legal means
  • Agree to binding third-party arbitration outside the BidACar platform

9. Potential Resolutions

9.1 Available Remedies

Depending on the nature and severity of the issue, potential resolutions may include:

  • Repair of the undisclosed issue at Seller's expense
  • Partial refund to address the undisclosed issue
  • Complete unwinding of the transaction
  • Other mutually agreed resolution

9.2 Transportation Costs

If a transaction is unwound due to a valid arbitration claim, the Seller is responsible for reasonable transportation costs incurred by the Buyer.

9.3 Repair Limitations

For valid arbitration claims resulting in repairs:

  • Labor rates are limited to the prevailing local market rate
  • Parts costs are limited to OEM or equivalent quality
  • Repair facilities must be licensed and reputable

9.4 Maximum Adjustments

The following maximum adjustments apply to specific issues:

  • Brakes/Rotors: $800 per axle (exception for high-performance vehicles: $1,200 per axle)
  • Tires: $250 each (exception for specialty tires: $500 each)
  • Bumpers: $750 each if requiring replacement
  • Windshield: $500 (exception for specialty glass: $1,000)

10. BidACar's Role in Arbitration

10.1 Facilitator Role

BidACar's role in arbitration is limited to:

  • Providing the technology platform for communication
  • Offering optional mediation services when requested
  • Maintaining records of the arbitration process
  • Suggesting industry-standard resolutions

10.2 No Liability

BidACar is not responsible for:

  • The outcome of any arbitration
  • The condition of any vehicle
  • Representations made by Sellers
  • Enforcement of arbitration decisions
  • Damages resulting from vehicle issues

10.3 Optional Mediation

BidACar may, at its sole discretion, offer optional mediation services to facilitate resolution between dealers. Any mediation provided by BidACar does not constitute acceptance of liability or responsibility for the dispute outcome.

10.4 Platform Integrity

BidACar reserves the right to:

  • Monitor arbitration patterns
  • Take action against dealers who repeatedly misrepresent vehicles
  • Suspend or terminate platform access for dealers who abuse the arbitration process
  • Make policy adjustments to maintain marketplace integrity

11. Dealer Performance Monitoring

11.1 Arbitration Tracking

BidACar maintains records of arbitration claims and outcomes to identify patterns.

11.2 Seller Ratings

Sellers' arbitration history may affect their platform rating and visibility.

11.3 Excessive Claims

Sellers with excessive valid arbitration claims may face:

  • Additional listing requirements
  • Restricted platform privileges
  • Suspension or termination of platform access

11.4 Frivolous Claims

Buyers who submit excessive frivolous arbitration claims may face:

  • Restricted buying privileges
  • Suspension or termination of platform access

12. Policy Modifications

12.1 Updates

BidACar reserves the right to modify this Arbitration Policy at any time.

12.2 Notification

Dealers will be notified of policy changes via email and platform announcements.

12.3 Effective Date

Policy changes will take effect 30 days after notification unless otherwise specified.

12.4 Governing Transactions

The Arbitration Policy in effect at the time of vehicle listing will govern any subsequent transaction of that vehicle.

13. Acknowledgment

By using the BidACar platform, all dealers acknowledge that they have read, understood, and agree to abide by this Arbitration Policy. Dealers recognize that BidACar is a technology platform facilitating dealer-to-dealer transactions and not a party to any vehicle sale or purchase.