Arbitration Policy

Last updated: Feb 6, 2017

  1. All arbitration is ultimately decided by BacklotCars and by using the service you consent to any dispute or arbitration related to sale or purchase of any vehicle through or using BacklotCars.com and related services/ products being decided by BacklotCars Inc. and binding on buyer and seller.
  2. All vehicles must have a valid VIN number. Any reassigned VIN number must be disclosed prior to sale.
  3. Seller warrants that all information provided by seller about a listed vehicle is accurate, and that mileage announcements on vehicles 10 years old and newer are accurate. Vehicles older than 10 years are sold mileage exempt with no guarantee of mileage accuracy.
  4. Seller must buy back sold unit and reimburse buyer for transportation on any vehicle arbitrated and returned for unannounced major title issues or mileage issues. Seller is also responsible for any return shipping on a unit returned for a major title or mileage issue.
  5. All vehicles are sold late title and seller guarantees that they will provide title within 45 days or are subject to buying the car back and reimbursing buyer for transportation. Buyer must return the car to seller and notify BacklotCars in writing of return prior to seller delivering title to BacklotCars in order to return a car for late title.
  6. Seller &/or BacklotCars is not responsible for any repairs or reconditioning costs accrued on a vehicle that is returned for late title or an unannounced major title issue.
  7. Any major title issues must be announced. Major title issues include, TMU/ not actual miles (10 model years or newer), salvage, prior salvage, flood damage, total loss, and lemon law buyback.
  8. BacklotCars makes no representation about status, presence, type of title. All sellers represent that they have marketable title for vehicle properly executed in the state where the transaction occurs. Seller warrants and represents that that they will defend title against all demands and claims and that title is free of all liens and encumbrances.
  9. As-is, all vehicles are sold as-is. Any vehicle that is on either a 5 or 10-day guarantee can only be arbitrated for arbitrable items missed on a BacklotCars inspection. No arbitration is allowed for items marked as “informational purposes”. Arbitrable items only include the following four items:
    • Lower end noise in the engine,
    • Transfer Case not properly operating
    • Differential noise
    • Transmission slipping or not shifting
  10. BacklotCars will not arbitrate for any missed arbitrable item(s) or damage(s) that does not exceed $500 wholesale cost to repair for a single item. Please see our inspection template for a list of what we guarantee and what is “for informational purposes only”
  11. BacklotCars does not guarantee trim level or options posted on any listing.
  12. BacklotCars does not allow for arbitration on body damage, including frame damage, unibody damage, paint damage, rust or structural damage. We will try to notate any items our inspectors notice for informational purposes only
  13. BacklotCars will NOT arbitrate for any of the following items/ vehicles:
    • Any seal or gasket leak or failure including head gasket. Head gasket will only be covered if additional head gasket protection is purchased. Purchased head gasket coverage is for a strict 5 days from time of purchase and must be selected at time of purchase. Diesel engines are not eligible for head gasket protection.
    • Fluid and/ or oil leaks cannot be arbitrated.
    • Cam phaser related issues or timing related problems including timing chain or belt.
    • No rotary engines will be arbitrated regardless of the issue.
    • Motorcycles, ATV’s, UTV’s, boats, heavy trucks, watercraft, RVs and similar vehicles cannot be arbitrated for any reason and are 100% As-Is
    • Clutches and any part of manual transmission
    • Upper end engine noise
  14. BacklotCars makes no representation about condition of a vehicle sold through the application except items disclosed in an inspection report performed by BacklotCars.
  15. All buyers are responsible for running a vehicle history report either Carfax or Autocheck.
  16. Any vehicle driven more than 50 miles from odometer reading at time of inspection cannot be arbitrated for any reason.
  17. Any arbitration that is initiated and BacklotCars sends out an inspector and subsequently denies the arbitration will incur a $50.00 inspection fee.
  18. Any vehicle that BacklotCars has not received payment for from buyer cannot be arbitrated
  19. Any buyer that fails to pay for a vehicle within 72 hours of purchase waives all arbitration rights on that vehicle and is subject to a $50.00 late payment fee. (payment is defined as full payment received by BacklotCars)
    • An additional $50.00 late fee will be assessed every 72 hours.
  20. Any check returned for insufficient funds or check returned for stop payment is subject to a $100.00 fee.
  21. All arbitration claims must be initiated in writing via email to arbitration@backlotcars.com before the expiration of the 5 or 10-day guarantee. Time starts at moment purchase is time stamped online. For example, dealer buys a car at 2:30pm on Saturday with a 5-day inspection/ guarantee, the guarantee and arbitration window is until Thursday at 2:30pm.
  22. Arbitrations are resolved in one of the following manners:
    • Vehicle is purchased back from buying dealer. Guarantee fees, buy fees, and transport fees will not be refunded on an arbitrated vehicle. BacklotCars will only refund the purchase price on an arbitration buy back.
    • BacklotCars will make an adjustment on the vehicle in the form of either future buy fees or a refund.
    • Arbitration claim will be denied and buying dealer will be charged a $50.00 arbitration fee for a failed arbitration if a BackotCars inspector is dispatched to inspect the vehicle.