BidACar

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 Prohibited Vehicles

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
  • Grey market vehicles not specified and approved by the D.O.P. Department of Transportation

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.

4.6 Prohibited Vehicles

The following vehicles may not be listed on the Platform:

  • Vehicles with salvage titles (unless clearly disclosed)
  • Vehicles with open recalls (unless clearly disclosed)
  • Stolen vehicles or vehicles with stolen parts
  • Vehicles with altered or tampered VINs
  • Vehicles that do not comply with applicable laws
  • Vehicles that the Seller does not have the legal right to sell
  • Vehicles with structural frame damage

Note: If a vehicle is sold with existing disclosed issues, the buyer will have no arbitration timelines set and waives the right to initiate arbitration for those disclosed conditions.

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 guaranteed.

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. Exception: For vehicles with 90,000 miles or more, see Section 18.3 — the Buyer is solely responsible for all transportation costs on high-mileage vehicles.

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.

14. Unauthorized Retail Sale Fee

14.1 Retail Sale Notification Requirement

A strict penalty applies to dealers who sell a vehicle on the BidACar platform and subsequently sell the same vehicle retail without proper notification.

14.2 Fee Assessment

A fee of $500.00 is assessed if a dealer sells a vehicle on BidACar and then sells it retail after a 24-hour period without notifying BidACar that the vehicle was sold retail.

15. Inspection and Transportation Deadlines

15.1 Inspection Responsibility

Buyers are responsible for inspecting vehicles within the specified time guidelines. Failure to do so will result in the loss of arbitration rights.

15.2 Arbitration Submission Deadline

Buyer-dealers have a strict 72-hour deadline, measured from the vehicle's delivery to the buyer's dealership, to submit any arbitrations, based on the delivery date and time on the bill of lading.

15.3 Frame Damage

Frame damage vehicles DO NOT qualify as frontline ready. If a vehicle with frame damage is sold on the BidACar platform, the buyer has up to 30 days from the date of delivery to confirm and/or unwind the sale. The seller is responsible for ALL costs related to the unwind, including transportation both ways, shop diagnosis fees, and any other legitimate expenses incurred by the buyer.

Per Section 5.3 of the Addendum, by signing a Purchase Order marked "AS IS," the buyer waives all rights to initiate arbitration for mechanical, structural, cosmetic, or electronic defects, except for odometer discrepancies and title brand issues as protected under federal law.

15.4 Deadline Schedule

The following table summarizes the deadlines by buyer location and dealer type:

Buyer/Dealer Type Transportation Responsibility Pickup Deadline Arbitration Reporting Deadline Maximum Delivery & Disclosure
In-State Buyers Buyer's purchasing dealer location Within 5 days of purchase date 3 business days after delivery 8 business days
Out-of-State Buyers Out-of-state buyers Within 7 business days of purchase date 3 business days after delivery 10 days
Independent (Non-Franchise) Dealers N/A N/A 72 hours from the time of delivery N/A

16. Payment and Holding Policies

16.1 Cash on Delivery (C.O.D.) Transactions

For Cash on Delivery (C.O.D.) transactions, the buyer and seller will have 5 days added to the arbitration time deadlines. The buyer must have payment to the seller within this 5-business-day period. Sellers are required to hold the vehicle during this 5-business-day period to allow time for the check to be issued and received.

16.2 Vehicle Holding Obligation

In general, sellers are responsible for holding sold vehicles within the allowed time frames. If a vehicle is paid for in advance, the selling dealer must hold the vehicle indefinitely.

17. Acceptance and Finalization

17.1 Deemed Acceptance

If BidACar is not notified within the specified arbitration time-period, it will be assumed that the vehicle has been accepted, and payment must be made to the selling dealer.

17.2 Pre-Departure Inspection

Dealers are strongly encouraged to inspect vehicles thoroughly before they leave the dealership. Send safeties and any information on possible arbitration issues that may arise to avoid arbitration.

17.3 Post-Acceptance Obligations

On accepted vehicles, the seller will send a clear title and smog certificate (if applicable), and the buyer will send payment to the selling dealer. Selling dealers may impose, at their discretion, the means of payment policies they require, such as a cashier's check or a check for title.

18. High-Mileage Vehicle Policy (90,000+ Miles)

Note: The provisions in this section apply exclusively to vehicles with 90,000 miles or more on the odometer at the time of listing and supersede any conflicting provisions in this policy, including Section 9.2 (Transportation Costs), for such vehicles.

18.1 Complete Removal of BidACar's Frontline Standard Guarantee

Effective immediately, BidACar's National Frontline Standard Guarantee does not apply to any vehicle with 90,000 miles or more on the odometer at the time of listing. BidACar will not cover, back, or imply any frontline guarantee — express or implied — on these vehicles under any circumstances. No representation made by BidACar, its platform, or its listings shall be construed as a frontline quality guarantee for any high-mileage vehicle.

All vehicles with 90,000 miles or more are transacted strictly on an "As-Is" basis. Sellers may not list or represent such vehicles as meeting BidACar's National Frontline criteria, and Buyers may not submit arbitration claims based on retail-ready frontline expectations for these vehicles.

18.2 Buyer's Responsibility: Third-Party Inspection

It is the Buyer's sole responsibility to perform adequate due diligence on any vehicle with 90,000 miles or more prior to purchase. This includes, but is not limited to, arranging and funding an independent, certified third-party inspection before the transaction is finalized.

  • Inspection Requirement: A third-party inspection by a licensed and qualified mechanic or inspection service is required for all vehicles with 90,000 miles or more.
  • Inspection Timing: The inspection must be completed prior to the finalization of the transaction.
  • Cost of Inspection: The Buyer is responsible for all costs associated with the third-party inspection.
  • Failure to Inspect: If the Buyer proceeds with the purchase without obtaining a third-party inspection, the Buyer assumes full and complete risk for the vehicle's condition. BidACar bears no responsibility whatsoever for any defects, mechanical failures, or condition issues discovered after the sale.

18.3 Buyer's Responsibility: Transportation Costs

For all vehicles with 90,000 miles or more, the Buyer is responsible for all transportation costs associated with the transaction. This includes initial transport to the Buyer's location and any return transport costs that may arise from a dispute. BidACar will not intervene in or bear any portion of transportation expenses related to high-mileage vehicle transactions.

18.4 Dispute Resolution: Buyer and Seller Only

BidACar is not a party to any dispute arising from the sale of a vehicle with 90,000 miles or more. In the event that issues arise after the sale, the Buyer must work directly with the Seller to seek any compensation, adjustment, or resolution. BidACar will not mediate, arbitrate, or assume liability for any claims related to high-mileage vehicles. All recourse lies exclusively between the Buyer and the Seller.

19. Unwind Fee

If either the buyer or seller withdraws from, refuses, or otherwise fails to complete an accepted vehicle transaction, Bidacar may assess a $700.00 Unwind Fee against the defaulting party.

A seller must notify its Bidacar representative on the same day if a vehicle subject to an accepted transaction is sold through retail or otherwise becomes unavailable for completion. If the seller retails the vehicle after the same-day notification grace period and fails to promptly notify Bidacar or its representative, the seller will be subject to the $700.00 Unwind Fee.

The Unwind Fee is intended to cover costs and losses resulting from the failed or unwound transaction, including shipping coordination, administrative and title-processing work, transaction unwinding, and related operational expenses.


Special Addendum: Independent and New Selling Dealer Standards

Effective Date: May 28, 2026
Reference Document: BidACar Master Arbitration Policy (Effective 2025-08-25)

1. Purpose and Scope

This document serves as a binding addendum to the BidACar Master Arbitration Policy. It establishes specific, non-negotiable standards for transactions involving independent dealers and newly registered selling dealers. These protocols are enacted immediately to mitigate platform transaction risk, preserve vehicle quality, and minimize arbitration disputes within the BidACar dealer network.

2. Dealer Classification and Default Inventory Controls

To maintain the integrity of our digital marketplace, BidACar enforces strict system-level inventory controls based on dealer classification.

  • Default "Ghosted" Status: Upon account approval by the platform administration, all newly registered dealers and independent dealers will have their inventory set to "Ghosted" by default.
  • Unghosting Authority: The assigned BidACar sales representative bears sole responsibility for manually unghosting a dealer's inventory.
  • Onboarding Criteria: Representatives may only unghost an independent dealer's inventory if the dealer formally agrees to:
    1. Operate their business in alignment with Franchise Dealership Standards.
    2. Fully guarantee all listed vehicles to BidACar Frontline Standards.
    3. Comply with the mandatory post-sale inspection and payment hold processes outlined herein.

3. Transactional Protocols for Independent Dealers

Independent dealers operating on the BidACar platform must adhere to the following strict financial and operational mandates:

3.1 Mandatory Buyer Inspections

Any vehicle listed by an independent dealer and purchased by another dealer must undergo a professional physical inspection. The selling independent dealer must be informed of this requirement during onboarding and at the time of listing.

3.2 Post-Inspection Payment Disbursement

Funds from a transaction where the seller is an independent dealer will be held in escrow by BidACar. Payment will only be disbursed to the selling independent dealer after the mandatory vehicle inspection has been fully completed, reviewed, and approved. No advance disbursements or exceptions are permitted.

3.3 Cash on Delivery (COD) Mandate for Purchases

Independent dealers are strictly prohibited from purchasing vehicles on credit or deferred terms. All vehicle purchases made by an independent dealer must be paid via Cash on Delivery (COD) at the time of transport or delivery.

4. Mandatory First-Transaction Inspections

To establish a baseline of reliability, every new selling dealer registered on the BidACar platform must have their first vehicle transaction physically inspected by a certified third-party inspector.

  • The assigned BidACar salesperson must notify the buyer of the seller's "New Dealer" or "Independent Dealer" status prior to completing the transaction.
  • The salesperson must require that a professional vehicle inspection be performed.
  • If the buyer refuses to authorize or perform the inspection, the transaction will proceed strictly under "AS IS" terms as defined in Section 5.

5. "AS IS" Transactions and Arbitration Waivers

The refusal of a buyer to perform a required inspection on a vehicle sold by a new dealer or an independent dealer will trigger an automatic "AS IS" classification.

                  [Dealer Transaction Initiated]
                                |
             Is Seller an Independent or New Dealer?
                    /                       \
                 (Yes)                      (No)
                  /                           \
    [Require Vehicle Inspection]      [Standard Policy Applies]
            /             \
    (Buyer Agrees)   (Buyer Refuses)
        /                 \
[Inspection Conducted]   [Vehicle Marked "AS IS"]
      /                     \
[Standard Escrow/         - No "National Frontline Ready" Label
 Payment Released]        - Purchase Order Updated with "AS IS"
                          - COMPLETE WAIVER OF ARBITRATION RIGHTS
    

5.1 Loss of "National Frontline Ready" Status

Any vehicle transacted under "AS IS" terms is strictly ineligible for the "National Frontline Ready" designation. All platform promotional badges or retail-ready certifications will be stripped from the vehicle listing.

5.2 Technical Enforcement on Purchase Orders

The BidACar technical team has implemented a dedicated, mandatory "AS IS" checkbox on the digital Purchase Order (PO). Checking this box legally binds both parties to "AS IS" terms and hardcodes the waiver into the transaction record.

5.3 Complete Waiver of Arbitration Rights

By signing a Purchase Order marked "AS IS," the buyer acknowledges that they are purchasing the vehicle with all faults, visible or concealed. The buyer waives all rights to initiate arbitration under Section 6 of the Master Arbitration Policy for mechanical, structural, cosmetic, or electronic defects, except for odometer discrepancies and title brand issues as protected under federal law.

6. Enforcement Matrix

Seller Status Buyer Action Vehicle Status Arbitration Eligibility Payment Terms
Independent / New Agrees to Inspection Standard Eligible (Subject to Master Policy) Held until inspection completes
Independent / New Refuses Inspection "AS IS" Ineligible / Waived N/A (Standard Buyer Terms)
Independent Buyer N/A N/A N/A COD Only (No Exceptions)