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Rules and Regulations

General Information

Whitey's Auto Auction is a public auto auction that welcomes both dealers and public buyers and sellers.  Whitey's Auto Auction holds auctions every Tuesday and Thursday evenings at 7:00 p.m.

No children under the age of sixteen (16) are allowed inside the auto auction due to insurance regulations and in the interest of safety.

Any person found to be tampering with a vehicle or removing any equipment or keys from a vehicle will be subject to removal from the auction and criminal prosecution.

Please remove all personal items and tags from vehicle before checking it in at registration.

Dealers will be held responsible for the actions of their employees and guests.  Individual buyers will also be responsible for all guests registered under their bidder number.

Whitey's Auto Auction is not responsible for any acts of nature.

Whitey's Auto Auction does not purchase vehicles but acts solely as an agent between the buyer and seller.

All transactions on the premises of Whitey's Auto Auction must be handled through the office or on the auction stand.  Failure to do so will be considered an OUTSIDE SALE and both parties will be subject to loss of their auction privileges.


Dealer Registration

Each dealer must complete a registration application with Whitey's Auto Auction and furnish the auction with needed copies requested such as current dealer license, bank letter if paying with a company check and list of all approved representatives along with copies of their driver's licenses.

Any changes of name of dealership, ownership, or address must be reported to the auction along with a copy of the new dealer license reflecting the change before the change can be updated in the auction's system.

Any change in phone numbers must be reported to the auction in writing so that the auction's system may be updated and issue new auction cards reflecting the change.

It is the responsibility of the licensed dealer to notify the auction in writing and return all dealer cards when a representative is no longer associated with the dealer.

Vehicle Registration and Drop Off

To reserve numbers for the sale, registration will open one (1) week prior to the sale day at 12 noon.

Numbers may be reserved for the independent dealer lanes at this time.  Numbers for the "W" Lane may be reserved at 8:30 a.m. on the Monday prior to the sale.

Numbers may be canceled up until 12 noon on the day of the sale, with the exception of the "W" Lane in which numbers cannot be canceled.

When dropping off a vehicle, be sure to inform the registration office to whom the vehicle belongs.  Also, if using a transport company, be sure to instruct them to inform the office when they deliver vehicles.  Failure to do so may result in a vehicle being moved to storage and not registered for the sale.


General Arbitration Policies

The auction makes no representations or guarantees as to the description, equipment, warranties, title status, accuracy on odometer on any vehicles sold or offered for sale.  The auction does not guarantee or get involved in any warranty or statements made by the seller, unless announced by the auctioneer and written on the block ticket at the time of the sales on the auction block.

The sales at Whitey's Auto Auction are intended to promote fair and ethical treatment to both the buyer and the seller.  If the auction determines that the transaction is not fair and ethical to either party, the buyer and seller agrees that the auction may cancel the sale.

The decision of the arbitration department is final and binding on both the buyer and the seller.  The auction reserves the right to assess a fifty dollar ($50.00) arbitration fee to the buyer if arbitration is deemed to be not valid.  If the arbitration is deemed valid, the auction reserves the right to assess a fifty dollar ($50.00) arbitration fee to the seller.

Seller Responsibilities

The seller represents to the buyer the following on any vehicle consigned or sold at Whitey's Auto Auction:

  • All vehicles sold "With A Drive" the seller must check with the office to be sure that the vehicle has not been arbitrated.  If the seller fails to do so, the in no way will hold Whitey's Auto Auction responsible for the loss of the sale.
  • The condition, description, known defects, mileage, and disclosures relating to the vehicle are accurate and fully disclosed.  This includes announcing all vehicles with salvage history, frame damage, flood titles, former taxi use, manufacturer buy backs, and major damage history.
  • Mileage announcements are nor required on vehicles over ten (10) years old that are deemed mileage exempt and will automatically be announced and processed in that manner.  No matter of the announcement made by the seller.  NO EXCEPTIONS!
  • Seller must present a valid title clear of all liens and encumbrances, except those announced by the auctioneer at the time of the sale.
  • Odometer status - Actual miles, exceeds mechanical limits, true miles unknown (TMU), miles exempt, miles over 100,000, etc. must be announced at the time of the sale and written on the block ticket to be binding.  The seller will be held responsible for the accuracy of any representation made by the seller and announced by the auctioneer on the seller's behalf and marked on the block ticket at the time of the sale.
  • Any vehicle sold twenty five hundred dollars ($2500.00) or less will automatically be sold "AS IS" regardless of what is announced on the block or which lights are on.
  • If a vehicle is sold Title Attached (T/A), it is the seller's responsibility to produce a title within twenty-one (21) working days from the date of the sale.
  • If a vehicle is sold BILL OF SALE ONLY, it is the seller's responsibility to be sure it is announced and marked on the block ticket or the sale could be voided and seller would be held responsible for the fees associated with the sale.
  • If a vehicle is returned to Whitey's Auto Auction due to no title being produced by the seller, the seller will be held charged all fees associated with the sale, including both buyer's and seller's fees.  These fees will have to be paid before the vehicle can be removed from the premises.

Buyer's Responsibilities

  • Individual buyers must first register in the auction office and put up a four hundred dollar ($500.00) cash deposit prior to entering the auction arena.  At this time, a bidder badge will be issued.  Each guest is required to have a guest badge to enter the auction.  Guest badges are issued at a cost of ten dollars ($10.00) and are NON-REFUNDABLE.
  • All transactions for individuals will be in cash or certified funds.
  • The buyer will insect the vehicles prior and immediately following the sale if the vehicle is "Sold With A Drive."  The buyer must verify the seller representation and notify the auction immediately of any discrepancies  within the one (1) hour time limit for dealers and thirty (30) minute time limit for individuals.
  • The buyer will follow the auctioneer concerning the price of the vehicle and any misunderstanding concerning the price must be addressed at the drop of the auctioneer's hammer, NOT following the sale of the vehicle.
  • The buyer will inform the auction immediately of any discrepancies as to the seller's representations and descriptions.  Please be advised that announcements written on the block ticket by the clerk are subject to arbitration.  Items stated by the seller that  are not written on the block ticket are NOT subject to arbitration.
  • The buyer guarantees that sufficient funds are available and will remain on deposit at the dealer's bank to cover all checks written until presented for payment when the auction receives the titles for the vehicle(s) purchased.
  • Buyer will pay the bid price plus buyer's fee.  Any dealer wishing to place a vehicle on their Floor Plan must be done on the night of the sale, not the following day.
  • Arbitration must be done on the day of the sale, not the following day.  Inspect the vehicle before you pay for it and leave the sale.  Once payment has been received, it is stated that you accept the vehicle in present condition and the sale cannot be canceled.

Sale Day Arbitrational Items

The following guarantees by the seller if "Sold With A Drive" on the day of sale only unless defects are announced by the auctioneer and written on the block ticket.  Single defect of less than three hundred dollars ($300.00) are not considered to be arbitrated.  NO EXCEPTIONS TO THIS RULE.

  • Engine - lower engine noise only
  • Rear end - Rear end noise only
  • Transmission - Transmission noise, transmission not changing properly from gear to gear or slipping

The following guarantees by the seller on the day of the sale on all sales whether sold "As Is" or "With A Drive" unless announced by the auctioneer and written on the block ticket.

  • Supplement restraint systems (SRS) are present on all vehicles manufactured with such systems.  Any SRS warning light, which are on or inoperable, must be announced and written on the block ticket.  Any vehicle with SRS warning light on or inoperable cannot be purchased by a non-dealer under any circumstances.

Seven Day Arbitrational Items

Vehicles that have any of the following defects, conditions, or discrepancies that were not disclosed or announced at the time of sale and written on the block ticket must be reported to the auction within seven (7) days after the vehicle was sold at the auction in order to be eligible for arbitration.  SALE DAY IS DAY #1.

  • Frame and Body Damage - Minor components welded or removed from the frame (trailer hitches, bumpers, etc) are not considered frame damage unless that have compromised the structural integrity of the vehicle.
  • Speedometer and Odometer - This problem should also be addressed with the seven (7) day time frame to be arbital.  This is NOT arbital if the vehicle was sold true miles unknown (TMU) or miles exempt. NO EXCEPTIONS.

Disclosure Definitions

Flood Vehicle - A motor vehicle that has been submerged or partially submerged in water to the extent that damage to the body, engine, transmission, or differential has occurred.

Non-USA Vehicle - A motor vehicle manufactured outside of the United States and not intended by the manufacturer for sale in the United States.  Often referred to as gray market vehicle.

Reconstructed Vehicle - A motor vehicle of any type required to be registered that has been materially altered from original construction due to the removal, addition or substitution of new or used essential parts.  This includes glider kits and custom assembled vehicles.

Salvage Motor Vehicles - Any motor vehicle damaged by collision or other occurrence to the extent that the cost of repairs to the vehicle and rendering the vehicle unsafe for use on the public streets and highways would exceed seventy-five percent (75%) of its fair retail market value, whether or not the vehicle has been declared a total loss by the insurer.  Repairs shall include the cost of parts and labor or a vehicle for which an insurance company has paid a claim that exceeds seventy-five percent (75%) of the fair market value shall be found NADA pricing guide book or other publications approved by the commissioner.

Salvage Rebuilt Vehicle - A salvage vehicle that has been rebuilt and inspected for titling and registration.

Junk Vehicle - A motor vehicle which in incapable of operation or use upon the highways and has no resale value except as a source of parts or scraps and shall not be titled or registered.

Sale Light System

Whitey's Auto Auction has a standardized light system designed to describe the announcements of vehicles being sold through the auction.

  • Red Light "As Is" - Any vehicle selling under the red light is sold "AS IS."  There is no representations or warranties of any kind.  Vehicles sold under the red light will NOT be eligible for arbitration of any kind.  Vehicles sold twenty-five hundred dollars ($2500.00) or less automatically fall under this whether the red light is on or not regardless of what statements are made by the seller.
  • Green Light "With A Drive" - Vehicles sold under the green light are eligible for arbitration under the arbitration guidelines within the aforementioned time limit - except for specific announcements made by the auctioneer and written in the block ticket at the time of the sale.
  • Yellow Light "Announcements" - The yellow light is an indication that the seller has had the auctioneer make some announcement as to the condition of the vehicle.  It is the buyer's responsibility to recognize and understand the reason that the yellow light is on.
  • Blue Light "Title Attached" - The blue light means that the title is NOT present at the time of the sale and will be produced by the seller at a later time.

The seller should make sure that the vehicles are sold under the correct lights and should be aware that the sale lights are a binding representation of the vehicle's condition.

The buyer is responsible for listening to announcements and checking the auction lights prior to bidding on the vehicle.

Title Attached Policy

The seller must present a clear title free of all liens and encumbrances, unless announced and written on the block ticket at the time of the sale.

Titles with the following errors will not be accepted until they are corrected:

1. Erasures
2. Alterations
3. Missing documents
4. Wrong reassignments
5. Mileage errors
6. Incorrect VIN numbers
7. Traceovers
8.  Illegible paperwork
9. Open titles

DO NOT spend any money on a vehicle until you have received your title.  Whitey's Auto Auction will only reimburse the money that was paid to the auction and not money spent on the vehicle after the sale.

If a title is not received within twenty-one (21) working days from the date of the purchase, the dealer has the right to give a five (5) day working notice to return the vehicle.  For individuals, if a title is not received within forty-five (45) days from the date of purchase, the vehicle may be returned to the auction for a refund of the purchase price.  After both time limits have expired whichever comes first, the title or vehicle takes precedence.

If a correct title is not produced on the sate of the sale, a twenty-five dollar ($25.00) title-attached fee will be charged.

Payment Options

Dealers

1. Cash
2. Cashier checks
3. Company checks - this must be approved by the auction and bank letter on file
4. Floorplans (a $10.00 administration fee will be charged on all vehicles floor planned):
    1. AFC (Automotive Finance Corporation)
    2. DSC (Dealer Services Corporation)
    3. Car Bucks
    4. Dealer First
    5. Dealer Finance
    6. MAFS - Atlanta, Darlington, and Statesville
    7. LC Mason
   

Individuals

1. Cash
2. Cashier's Check
3. Money Orders

Note:

Individuals must be able to pay at least one third (1/3) down on the night of the sale.  Balances must be paid for in full by 12 noon the following business day.  Vehicles and paperwork will be held at the auction until the balance is paid in full.

NO personal checks will be accepted from anyone!!!! No exceptions!!!!