General Policies, Terms & Conditions
Clicking on the “Bid,” “Buy it now,” or “Make Offer” button obligates the Buyer to complete the transaction.
- Prior to placing bids (“Bid” , “Buy it now” , or “Make Offer”), Buyer is responsible for reviewing all pertinent information available on the vehicle listing, including but not limited to announcements/disclosures, condition assessments, and pictures. Buyers are also responsible for observing and understanding the Sale Light Displays (Description in Arbitration section) which identify various sale conditions for the vehicle.
- Upon delivery and/or pick up the Buyer is responsible to perform a reasonable inspection of the vehicle to determine if the vehicle was properly represented by the Seller.
- Buyer agrees to be liable for any and all work/changes performed on a vehicle prior to returning the vehicle to the Seller. Buyer shall not sell the vehicle before it receives title to the vehicle. Neither Seller or Carsker, Inc. shall be liable for any vehicle sale or repairs made by the Buyer before the title is received by the Buyer.
- Buyer is financially responsible for any pending sale and assumes all risk of loss to the vehicle until arbitration is final.
- Auction and Seller will not be responsible for any obvious damage not identified and reported to Auction management prior to the removal of the vehicle from the Seller’s premises by Buyer or Buyer’s agent or transporter
- The Buyer is financially responsible and assumes all risk of loss on the vehicle from the point of pick up (by the Buyer or its agent) or delivery (by third party transporter) until arbitration is final.
Seller must be the rightful owner of the vehicle and may not sell any vehicle owned by a third party through Carsker, Inc.
Seller must ensure that all vehicles listed for sale have a public Vehicle Identification Number (VIN) plate attached to the vehicle.
Disclosures are required for any matters that are required to be disclosed under local, state, federal statutes or regulations set forth by Carsker, Inc.
Even if the vehicle is covered by a manufacturer’s warranty, the Seller is still responsible to disclose any known defects.
Title discrepancies must be disclosed by the Seller including, but not limited to: not actual miles, salvage, theft recovery, stolen vehicle, flood damage, gray market, replica, Lemon Law buybacks and trade assist. No vehicles are allowed to be sold through the Carsker, Inc. platform in which there is any title washing that would cause a title discrepancy to be undisclosed. The Seller will be solely and fully liable for any damages associated with title washing.
In the event of a successful arbitration by the Buyer, the Seller is responsible for a) reimbursement of the agreed upon amount by both Seller and Buyer to cover expenses for the repair of the undisclosed conditions; or b) In the event the sale is cancelled based on the arbitration, the Seller is required to promptly return the payment to Carsker, Inc.
The Seller will be responsible for the associated costs to transport the vehicle from the Buyer’s lot.
Terms & Conditions
Only licensed motor vehicle dealers first approved by Carsker, Inc. may do business through the auction and will supply copies of the following:
Copy of motor vehicle dealers license and bond with each annual license renewal thereafter, State Resale Certificate, and federal ID number.
Bank and other credit references may be required
Name and signature of every authorized representative and their driver’s license.
Carsker, Inc.’s Role: Carsker, Inc. is neither the Buyer nor the Seller of the vehicles listed for sale. Carsker, Inc. is not a party to the vehicle sale contract, but is a third-party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach. You agree that any legal claims arising out of a transaction will be between you and the other party (either Buyer or Seller) in the transaction and not against Carsker, Inc. or any Carsker, Inc. partner.
Dealer or representative User ID and password must always be used to log-in to the auction site and conduct business transactions.
Passwords and User ID are not to be divulged to other users under any circumstances. Dealer’s will be held responsible for any transactions conducted with their log-in. Carsker, Inc. must be notified immediately in writing where dealer suspects unauthorized use of their ID.
Retail customers are not allowed to view inventory on Carsker, Inc. at any time. Dealers who violate this policy will lose login privileges.
No outside dealing. All vehicles on Carsker, Inc. must be transacted through Carsker, Inc. Any dealer violating this policy will lose their login privileges.
Carsker, Inc., reserves the right to refuse service to anyone.
Arbitration: If, upon pickup and inspection of the vehicle, the Buyer discovers an undisclosed defect that is allowed to be arbitrated pursuant to Carsker, Inc.’s Arbitration Policy, Buyer may pursue a remedy through the arbitration process as set forth in such policy. Sellers who repeatedly fail to make required disclosures or Buyers who repeatedly submit questionable arbitration claims may have their auction privileges temporarily or permanently suspended.
Payment: Buyer and Seller each agree to pay Carsker, Inc. all fees and charges assessed by Carsker, Inc. Buyer shall pay Carsker, Inc. the total amount due by the following business day after the Buyer’s bid is accepted as the winning bid. Payment shall be made in U.S. dollars by ACH electronic funds transfer, floor plan, or by another financing arrangement acceptable to Carsker, Inc. If payment is not received by the Payment Due Date, the amount owed will be automatically debited using the default payment method selected by the Buyer. Carsker, Inc. reserves the right to specify the type of Payment Method it will accept from the Buyer in our sole and absolute discretion. If Buyer fails to pay Fees or other amounts owed when due to Carsker, Inc., Carsker, Inc. will be entitled to immediately set off the amount owed by Buyer from any funds due from Carsker, Inc. to Buyer. In addition, if the Buyer fails to pay the total amount by the Payment Due Date, we may: (a) electronically debit your bank account or floor plan account in accordance with the default payment method selected by you or another account made available to Carsker, Inc.; (b) withhold title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) pursue any other remedy or relief permitted by law. If Carsker, Inc. accepts payment from the Buyer by electronic check (ACH), Buyer authorizes Carsker, Inc. to initiate debit entries to its account at the financial institution on which the electronic check was written. The electronic check debit authorization will remain in force until we have received written notice from you of its termination. Carsker, Inc. reserves the right to decline payment by electronic check at any time and for any reason. No stop payment or payment withdraw of Buyer’s payment to Carsker, Inc. shall be honored. Any stop payment or payment withdraw order by Buyer or it’s bank shall be deemed by the parties to be evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as the intent to defraud in order to consummate the transaction. Any payment that is withdrawn by Buyer or its bank, rejected or returned for non-sufficient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable.
Carsker, Inc. will pay Seller the purchase price of the vehicle less the Fees due from Seller to Carsker, Inc. after receipt of a clear, transferable title from Seller.
Buyer agrees to pay all costs including, without limitation, attorney fees, court costs and other expenses reasonably incurred by Carsker, Inc. to collect any monies owed by Buyer.
Data: Carsker, Inc. has the right to use certain Customer generated information, content, photographs and vehicle data for the limited use of promoting and carrying out the Services requested by such Customer. Customers and their representative dealerships grant Carsker, Inc. a limited license to utilize non-confidential information for the general purpose of promoting and providing Services to our Customers, and this license extends to trusted third parties with whom we work. Customers agree that this permission is royalty free, irrevocable and worldwide for so long as Customer Information is held by Carsker, Inc. All data collected by Carsker, Inc. related to vehicles, and all transaction data related to the Services shall be owned by Carsker, Inc. without restrictions on its use of such data.
Links: The Services may contain links to third party web sites or services that are not owned or controlled by Carsker, Inc. Carsker, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services.
Users of Carsker, Inc. agree to and are bound by the Terms of Service for the following third parties:
Termination: Customers are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice.
Availability, Errors and Inaccuracies. Carsker, Inc. is continually updating the platform, and may experience delays in updating information on the platform. The information found on the platform may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the platform, and we cannot guarantee the accuracy or completeness of any information found within the platform. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Controlling Law: The Services provided hereunder are performed in the State of Kansas and these Terms will be governed by Kansas law except for its conflicts of laws principles. You represent that you have sufficient authority and all right and full power to agree to these Terms and to perform your respective obligations under these Terms on behalf of yourself or on behalf of the organization for whom you are acting, as the case may be.
The Buyer represents, warrants and agrees to the following terms:
Buyer must be a licensed motor vehicle dealer in good standing.
Buyer will not resell/relist the vehicle until good funds have been transmitted to Carsker, Inc.
Buyer will schedule pick up the vehicle within seven business days of winning the bid.
No stop payment of Buyer’s payment to Carsker, Inc. shall be honored.
Buyer will abide by the time frames for delivery of title set forth in Carsker, Inc.’s titles policy.
Carsker, Inc. may deposit any payment immediately, regardless of whether the vehicle’s title has been submitted by Seller;
Title to the vehicle will not pass to Buyer until complete payment has been received by Carsker, Inc. and the title has been received from the Seller.
Carsker, Inc. reserves the right to limit the number of vehicles purchased by a Buyer at any time
Failure to remit payment the following business day may result in a fee equal to the total buy fee.
Buyer is subject to account suspension at any time at the discretion of Carsker, Inc.
Buyer will not attempt to manipulate bids, intentionally bid up the price of any vehicle, or otherwise fraudulently bid on any vehicle.
The Seller represents, warrants and agrees to the following terms:
Seller must be a licensed motor vehicle dealer in good standing.
Any amounts owed to Carsker, Inc. by Seller may be deducted from any proceeds due Seller.
Carsker, Inc. may stop payment or refuse to authorize payment to Seller pursuant to a right of offset.
Risk of loss for a vehicle remains with the Seller as long as the vehicle is at Seller’s premises. Once the Buyer retrieves the vehicle, or otherwise causes the vehicle to be removed from Seller’s premises, the risk of loss for the vehicle is transferred to the Buyer or its agents.
Seller is responsible for completion and execution of the required odometer mileage statement pertaining to the vehicle and on the certificate of title.
Seller is the true and lawful owner of the vehicle except as set forth in the vehicle’s announcements.
That the vehicle is free from all liens and encumbrances except as set forth in the vehicle’s announcements.
Seller has full rights, power and authority to sell and transfer title to the Buyer except as set forth in the vehicle’s announcements.
A $500 cancellation fee will be assessed to a Seller if a transaction is cancelled or abandoned after a Buyer’s bid either meets the reserve or is otherwise accepted.
Unless otherwise agreed, Seller will hold and make the sold vehicle available on its lot for at least seven business days after the sale of the vehicle for the Buyer or its agent to pick up.
Seller shall abide by and comply with all applicable laws, rules and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles
For inquiries regarding Carsker, Inc.’s General Policies, Terms & Conditions please email support@Carsker.com