RED LIGHT: Sold “AS IS” and “WHERE IS”. These vehicles are not eligible for arbitration. If the vehicle sells for $3,000 or less, frame/unibody damage will not be arbitrable.Any vehicle over 175,000 miles is not arbitratable for any condition.
YELLOW LIGHT: Sold with an “Announcement”, this is also know as a “Listen” light; this will alert the arena that there are conditions that the seller is disclosing. For example, OVER 100,000 miles, TMU (true mileage unknown), frame or unibody damage, salvage history, salvage or rebuilt salvage title, repossession paperwork, previous Canadian History, etc. Any announcements would exclude the condition from arbitration.
GREEN LIGHT: Sold “With Drive” and has 100,000 or less. Vehicle is eligible for full arbitration (Arbitration Amendements). Any single mechanical defect (drive train, engine or electronic option), in excess of $600 wholesale, qualifies for arbitration if the component is considered arbitratable by our poilicy. Any vehicle sold for $3,000 or less cannot be arbitrated for frame or unibody damage.
BLUE LIGHT: Sold “Title Attached”, or also known as T/A. This means that there is missing paperwork such as a title, MV-50 (NYS), lien release, etc., that is not available to the buyer on sale day. Seller has 21 days to produce all necessary paperwork to the buyer. The seller will also be charged a $25 “T/A” fee. Any deal rejected because the paperwork has not been submitted by the 21st day, will result in a $75 fee charged to the seller. The buyer has the right to also return the vehicle as long as it does not have more than 1,000 more miles on it than it did on the block slip. Neither the auction, nor the seller will be held responsible for any work put into a vehicle that is purchased under “T/A” in the event the paperwork is not produced. All monies invested in the vehicle by the buyer are solely the responsibility of the buyer.
NOT SUBJECT TO ARBITRATION: See here
The Seller understands that the sale lights are a binding representation of vehicle condition, and is therefore responsible for ensuring that their vehicles sell under the correct light in the lane. If a seller sells a vehicle that had previously been voided in arbitration without announcing the issue the buyer has full rights to cancel the deal for 7 days and the seller will be liable for all transportation AND a $500 inconvenience fee.
All IF Bids taken by the Seller or Auctioneer are locked-in until 1 hour after the last vehicle crosses the block. Online bids are automatically accepted on an IF in the event the seller/rep asks for the vehicle to be put on an IF. Buyers are bound to the IF bid during this time and if approved by the Seller.
Paperwork corrections that can be made by the Auction or Seller, within a reasonable time period after the transaction, will be allowed by the Auction.
The Auction does not guarantee any warranty books, plates, or the year of kit vehicles, trailers, motorcycles, watercraft, recreational vehicles, antique, homemade or modified vehicles. All of these vehicles are sold “AS IS” and have no odometer or frame guarantee. The Auction does not guarantee titles on watercraft (as recommended by NAAA).
The Buyer is responsible for listening to announcements related to the vehicle, made by the auctioneer or selling representative, prior to the start of the sale for each vehicle. The Buyer is also responsible to observe and understand the sale lights, which identify various sale conditions for the vehicle. Once the vehicle is sold the Buyer should check the block ticket to confirm the vehicle price and announcements are correct before signing their name.
The Auction reserves the right to reject any vehicle that management judges to be unsafe.
STRUCTURAL DAMAGE POLICY (refer to NAAA standards)
Frame/unibody All cars sold for $3,000 or less cannot be arbitrated for frame/unibody damage, regardless of auction light
Undisclosed Structural Damage or Repair A vehicle may be arbitrated if it has undisclosed existing or repaired damage, which should have been disclosed under this policy, even though the vehicle is within the UVMS.
Arbitration Period Buyer must arbitrate improperly disclosed structural damage within 7 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 within 7 calendar days of arbitration.
Arbitration Policies are subject to change without notice. Please contact the arbitration department for any updates.
Lemon Law/Manufacturer’s Buy Back
If a vehicle is branded lemon law or manufacturers buy back the selling dealer must announce this on the block. If this is unknown when sold the buyer has 90 days to arbitrate from date of sale. At the time of discovery the buyer must return the car to CNY Auto Auction within 48 hours. The buyer must provide valid proof that the vehicle is lemon law/manufacturer buy back.
Canadian History (As recommended by NAAA)
A vehicle with previous Canadian history must be announced if it is of current model year and up to 4 years old. Unannounced previous Canadian vehicles within these terms must be reported to CNY Auto Auction within (7) days of purchase.
Flood Vehicles (As recommended by NAAA)
Flood Damage – This declaration should be made whenever a condition exists indicating existing or repaired water/flood damage requiring disclosure. This vehicle should be sold AS IS. The declaration is required even if the vehicle is sold AS IS. Any unannounced vehicle with damage resulting from a flood must notify CNY Auto Auction and return the vehicle within 7 days of sale (refer to NAAA recommended water/flood damage policy).
TMU (true mileage unknown) must be announced if the odometer is inoperable, replaced or repaired. An inoperable odometer must be arbitrated the day of sale.
In a case where the buyer finds an odometer discrepancy or rollback, it must be validated by the Department of Motor Vehicles of the vehicle’s title state. With valid proof the vehicle may be arbitrated regardless of elapsed time. At the time of discovery the buyer must return the vehicle within 48 hours. The seller is responsible for reasonable expenses and transportation.
Odometer discrepancies found by AutoCheck (Experian) must be announced, if they cannot be corrected by the Seller.
Air Bags that are deployed, altered or missing must be announced by the Seller. If a Buyer finds that the air bag(s) has been deployed, altered or is missing he/she must arbitrate the vehicle no later than 1 hour after the sale. Air bag lights that are “on” or lit-up on the dashboard are not arbitratable.
Yard Deals, Off Block, “IF” Bids
All sales not deemed sold by the auctioneer are considered off block transactions. Off block and “IF” bids are strictly between the buyer and the seller. They are not binding until the sale is completed. Yard deals, or Off Block sales, are deemed “AS IS” and are not subject to arbitration for any reason, including frame/unibody damage. Sellers may guarantee yard deals, but must do so in writing.
Previous (Daily) Rental Vehicles
Any vehicle with a previous rental history, including livery, must be announced if it is of current model year and up to 3 years old.
Salvage history must be announced. This means that the vehicle was previously owned by an insurance company. This assumes that the vehicle has been inspected by DMV and has been titled. If a vehicle has salvage history and was not announced, the buyer has up to one year to arbitrate the vehicle. You must have valid proof from the following: Auto Check and title/lien history from the DMV.
Salvage paperwork means the vehicle has been branded a previous total loss or rebuilt salvage. It does not have a clear title. Any vehicle that has salvage paperwork would require an inspection by the DMV to rule it safe to drive and to be registered. This will cost approximately $225 and can take several weeks to complete. The cost for this inspection will be the responsibility of the Buyer. If not announced the Buyer has 30 days after the date of the sale to arbitrate. If a vehicle is sold on a salvage certificate you must announce whether or not you have the documentation needed for a DMV inspection. If this is not announced and the documents are not produced the deal is voidable at the discretion of the buyer INDEFINITELY.
Seller must announce a vehicle that has theft or recovered theft history. This must be validated by DMV. The Buyer has 30 days to arbitrate and the Seller must buy back the vehicle.