Terms and Conditions
As a buyer at Capital Auto Auction (Capital) you agree to be bound by the following Buyer Terms and Conditions. Capital reserves the right to amend Buyer Terms and Conditions at any time without any prior notice to you. Unless otherwise stated, all prices and fees are quoted in U.S. Dollars.
LIGHT SYSTEM
Buyer is solely responsible for understanding the light system. The lights have the following meaning (note: more than one light may apply to each vehicle.)
GREEN LIGHT: "ARBITRATION POLICY APPLIES"
The Green Light designates that the buyer may request arbitration under Capital’s Arbitration Policy. Buyer has 48 hours from the Time of Sale (weekends and holidays excluded) to request arbitration under the Arbitration Policy. After the arbitration period lapses, the transaction becomes "AS-IS". For vehicles sold as "On Approval", the "Time of Sale" is defined as the time that the Seller approves the sale price. For all other vehicles, "Time of Sale" is defined as the time that the Buyer becomes the final high bidder in the auction.
YELLOW LIGHT: "ANNOUNCED CONDITION"
The Yellow Light designates that the Seller is disclosing a discrepancy in the condition of the vehicle. It is the Buyer’s responsibility to read and understand any announced conditions that are disclosed regarding the vehicle.
BLUE LIGHT: "TITLE DELAY"
The Blue Light designates that an assignable title does not accompany the vehicle at the time of the sale. The Buyer of a Blue Light vehicle agrees that Seller has up to 10 days (weekends and holidays excluded) to deliver the title to Capital, after which time Capital will provide title to Buyer. Buyer is strongly cautioned not to repair, sell, drive, or damage a Blue Light vehicle until obtaining the title from Capital. Buyer waives any and all rights against Capital and Seller for claims related to repairs or upgrades to vehicle prior to delivery of title to Buyer. In the event Seller is unable to deliver title and is required to repurchase the vehicle from Buyer, Buyer is responsible to Seller for excessive mileage or damage to vehicle, and is also responsible for returning vehicle to Capital. Capital will not be responsible for transportation or other expenses on a returned vehicle.
RED LIGHT: "AS-IS"
The Red Light designates that the vehicle is sold "AS-IS" with no representations or warranties of any kind. All express and implied warranties are expressly disclaimed. RED LIGHT VEHICLES ARE NOT ARBITRATABLE FOR ANY REASON OF ANY KIND. NEITHER CAPITAL NOR SELLER REPRESENT THAT THE CONDITION REPORT IS ACCURATE OR COMPLETE. All recreational vehicles, motorcycles, boats, trailers, busses, gray market vehicles, former police vehicles, former taxis, and any vehicles sold on branded flood or rebuilt/reconstructed are sold "AS-IS".
ARBITRATION POLICY
If you are the Buyer of a Green Light vehicle, you are entitled to inspect your purchase and submit it for arbitration for undisclosed conditions within 48 hours from the Time of Sale as stated above. Upon removing the vehicle from Capital, Buyer waives all arbitration rights. One defect must total $500 before vehicle is subject to arbitration unless declared unsafe by arbitrator. Any defects found must be settled by arbitrator whose decision shall be binding upon Buyer and Seller. Once arbitration process has concluded, the transaction becomes AS-IS ("Red Light"). Vehicles may be arbitrated once.
Conditions and Equipment Subject to Arbitration
¤ Manual gear box
¤ Engine knocks or cracked block
¤ Automatic transmission slippage
¤ Differential grind, excluding tires
¤ Misrepresentation of mileage
¤ Serial numbers that do not match or reassigned VINS
¤ Frame/unibody damage
¤ Blown head gasket
¤ Burnt or bent valves
¤ Material differences (over $500 per item) not listed on the condition report
PAYMENT
Payment Deadline:
If you are the successful bidder you must pay for the vehicle in full within two (2) business days, not including the date of the sale, or you will be subject to a $50 late payment fee. Failure to pay for the vehicle within three (3) business days will result in liability for relist fees, forfeiture of your deposit, and suspension of your account.
Payment Methods:
We accept the following forms of payment for vehicle purchases: cash, cashier’s check, certified bank check, and wire transfer. Payment shall be made to Capital. If payment is made by cashier's or certified bank check, it may take up to 7 business days for the check to clear. Vehicles will NOT be released until the check clears. Capital Auto Auction, at it's own discretion, may limit the amount that can be charged by any bidder to their card.
Wire Transfer Instructions:
If you wish to pay for your vehicles by wire transfer:
¤ See our "WHERE AND WHO TO PAY" page.
¤ Capital will check periodically throughout the day for incoming wire transfers.
Vehicle Removal:
Vehicles can not be removed from Capital until paid for in full. Your receipt showing full payment must be presented at the gate to remove the vehicle from Capital premises. Vehicles purchased must be picked up within two(2) business days of the Time of Sale as stated above to avoid storage fees of $25 per day. Any vehicle remaining on our premises in excess of 30 days shall be deemed abandoned and disposed of accordingly.
Units purchased and bid upon in Washington, DC
Payment will be received in Washington, DC. A payment may be made by Visa or Mastercard, a fee of 2.95% of the amount charged will be added to the total. Internet vehicles are located at both of our Washington, D.C. and Temple Hills, location. Please review the condition report to confirm where the vehicle is located. You will need plates or a tow truck to take a unit out of our location. Please plan ahead! Public buyers will need to make payment, pick-up their title and gate pass, and then get plates. Only after you have completed this process will you be able to pick-up your vehicle.
Units purchased in Manchester
A Payment may be made by Visa or Mastercard, a fee of 2.95% of the amount charged will be added to the total. Capital Auto Auction in Manchester does not provide plates of any kind. Please make arrangements accordingly. All vehicles sold in Manchester are being sold as un-inspected with an Unsafe Motor Vehicle form.
Units purchased in Philadelphia
A Payment may be made by Visa or Mastercard, a fee of 2.95% of the amount charged will be added to the total. Pennsylvania and New Jersey residents must pay title transfer and sales tax at time of purchase. Capital Auto Auction in Philadelphia has a tag service on premises. All vehicles sold in Philadelphia are being sold as "un-roadworthy" vehicles.
Recommendation:
1- Make your payment in full before arriving
2- Bring your own plates or arrange transportation
3- Arrive early so you have time to take care of all of the necessary steps
Call us if you have questions! We are always ready to help when we can!
General Rules
Bidding Process:
Proxy Bidding allows a bidder to enter bids over the Internet. A bidder can see the current high bid on a vehicle during Proxy Bidding. Bidders enter the maximum price that they are willing to pay for a vehicle and the bidding system will incrementally bid on the vehicle on their behalf. Proxy Bidding ends as each vehicle is offered during the Real-Time Internet Auction. Bidders have the opportunity to bid against each other and the high bidder from the Proxy Bidding in Real-Time. Bidders enter bids via the Internet in real time, and the bidding system submits bids for the high bidder from Proxy Bidding up to the bidder’s maximum bid. When bidding stops, a countdown is initiated. If a new bid is received during the countdown, the countdown resets. In addition, Capital Auto Auction may also, in its sole discretion, extend or reset any countdown. The Auctioneer may bid on behalf of any minimum reserve price set by seller.
Deposit Collection:
Upon winning the bid on a vehicle, every public bidder is required to post a deposit between $300.00 and $500.00 based on the price of the vehicle via the credit card entered on file during the registration process that will be applied towards the final purchase price including fees. If you, the bidder, fail to obtain the balance of the purchase price, or fail to proceed with the sale within 48 hours of the sale, the deposit becomes non-refundable as liquidated damages not a penalty, and is forfeited. Every bidder is required, within 48 hours of the sale, to pay for purchases in full including fees, if a dealer bidder fails to proceed with the sale, the dealer bidder is required to post a relist fee between $300.00 and $500.00 based on the price of the vehicle or be subject to revocation of bidding privileges, up to and including legal proceedings through Capital Auto Auction.
Membership Eligibility:
Bidding on vehicles offered by Capital is open to individuals 18 years of age and older who can form legally binding contracts under applicable law. In addition, seller specific requirements and applicable federal, state, and local laws, regulations and restrictions may further limit bidding eligibility. Capital reserves the right to deny bidding privileges to any individual or entity in its sole and absolute discretion.
Vehicle Verification:
Buyer is solely responsible for verifying vehicle year, make, model, and serial number against the title prior to leaving Capital premises. Upon removal of a vehicle, Buyer shall be deemed to have waived any objections to title information discrepancies.
Vehicle Inspections:
Know what you are buying. Please examine vehicles before bidding, including online images, announcements, and condition report. All vehicles are sold AS-IS, none of them have been inspected by a mechanic. If you are not familiar with vehicles and their mechanical systems, buyer beware. Test drives and in-person viewing are not permitted.
Emissions and Safety Inspections:
Vehicles are not guaranteed to pass state inspections where applicable.
All Sales Final:
Once the vehicle has been paid for, all sales are final. The only exception to this is listed in the Arbitration Policy. Subject to Seller approval, the last bidder is legally obligated to purchase the vehicle.
Sale Cancellation:
Capital may, in its sole and absolute discretion and without notice, postpone or cancel a sale, or withdraw an item from a sale. Capital will neither have liability or obligation to Buyers as a result of any item withdrawal, sale postponement, or sale cancellation.
Membership Revocation:
Capital may, in its sole and absolute discretion and for any reason, limit Buyer activity, remove Buyer bids, suspend or revoke the membership of a buyer, or refuse to provide services to a buyer.
Import/Export Rules:
Capital does not guarantee that any purchased vehicle is eligible to pass through any foreign country customs. It is the sole responsibility of the Buyer to ensure compliance with U.S. and foreign laws and regulations regarding the import and export of items purchased through Capital, and to pay all export or import taxes, fees, or duties associated with such purchases.
Sales Tax Indemnification:
Buyers purchasing vehicles from Capital at wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold Capital harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or excise tax.
"If Sale" Vehicles:
A vehicle sold "If Sale" will not be released to buyer unless and until the seller notifies Capital of its acceptance of the high bid. In some instances, it may take up to two(2) business days after the day of the sale for the seller to notify Capital of high bid acceptance. Buyer will receive an email notification when Seller approval has been received.
Vehicle Registration:
Where applicable pursuant to state/local law, Buyer may not remove vehicle from Capital premises without first obtaining registration tags and/or insurance. Please contact the specific auction in regards to this situation.
Venue, Jurisdiction, and Service of Process:
Buyer acknowledges and accepts the following as express conditions to membership with Capital:
¤ Any action or proceeding arising out of a vehicle purchased through Capital shall be litigated in the state and county and applying the laws of the state and county in which Capital stored the vehicle at the time of the sale. Buyer consents to the jurisdiction and venue of the courts described above.
¤ Buyer consents to the service of process by a certified or registered mailing of the summons and complaint to the last address provided by Buyer to Capital.