1. Title Present: Seller agrees that the seller’s dealership has the title for the vehicle in its possession at the time of the listing and is able to send the title to Carsker, Inc. promptly upon completion of the sale.
  2. Seller’s Obligations related to Titles:
    1. Seller must ensure the vehicle is being offered for sale with a US title.
    2. All titles submitted by seller must be in seller’s company name on the title or on a properly executed reassignment form.
    3. Seller warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances. In the event any demand or claim is made related to the title, seller will indemnify and defend Carsker, Inc., the buyer, and the end consumer against such demand or claim and any and all damages associated therewith.
    4. Seller will ensure that the title is reassigned directly to the buyer. Carsker, Inc. is not the buyer of the vehicle and does not take title or possession of the vehicle, and therefore any title listing Carsker, Inc. as the buyer will be returned to the seller to be corrected.
    5. Seller will ensure that with regard to the title:
      1. The VIN is correct.
      2. Vehicle mileage listed on the front of the title is accurate.
      3. If there is a lien on the title, the required signature is on or included with the title, along with the original lien release.
      4. All reassignments are accurate and included.
      5. If a power of attorney form has not already been signed by the seller granting Carsker, Inc. the right to complete the title as necessary to complete the sale, a signed power of attorney form is included with the title.
      6. All paperwork requiring a notary signature has been notarized.
    6. For any vehicle sold, seller is required to deliver the title to Carsker, Inc. the following business day from the sale of the vehicle.
    7. If, after 90 calendar days after the sale for the vehicle, seller has not produced negotiable title and Buyer has not returned the vehicle, Carsker, Inc. shall have no duty to produce the certificate of title to the buyer and shall have no duty to pay seller.
    8. Sellers will be responsible for refunding vehicle transportation expenses where a title could not be produced.
  3. Buyer’s Rights and Obligations.
    1. If the buyer has paid for the vehicle and Carsker, Inc. does not receive title within five (5) calendar days after the sale of the vehicle for a vehicle sold, the buyer shall have the right at any time thereafter (but before 90 days from the sale of the vehicle) to give Carsker, Inc. 48 hours’ notice of its intent to withdraw its offer for the vehicle if no title is received within such notice period. Notice should be sent to titles@Carsker.com. When such notice is received by Carsker, Inc., a member of the Carsker, Inc. title team will contact the seller to make them aware of the notice.
    2. If the title has been received by Carsker, Inc. within the 48-hour notice period (excluding weekends and Carsker, Inc. observed holidays), buyer may not withdraw its offer for the vehicle.
    3. Carsker, Inc. and seller will not be responsible for any vehicle sale or repairs made to vehicles prior to buyer’s receipt of title.
  4. Title Processing Procedures.
    1. When a vehicle is sold through Carsker, Inc.’s platform, Carsker, Inc. will email or otherwise notify the buyer and seller of the sale and subsequent bill of sale.
    2. Upon sale of the vehicle the seller must send the title (meeting the specifications set forth above) to Carsker, Inc. the following business day.
    3. Seller will either provide a signed title, or an unsigned title and a signed power of attorney agreement giving Carsker, Inc. the right to sign the title on seller’s behalf.
    4. If there are any issues with the title that Carsker, Inc. is not permitted to revise under an existing POA, the title will be returned to the seller for correction, and seller will correct such issues within a reasonable timeframe, not to exceed the applicable states’ typical processing timeframe.
    5. Once Carsker, Inc. receives the valid title from the seller, Carsker, Inc. will send payment to seller for the applicable vehicle.
    6. Once Carsker, Inc. has received cleared payment from the buyer, Carsker, Inc. will send buyer a document giving the buyer the right to pick up the vehicle (Bill of Lading).
    7. Once Carsker, Inc. has received the title from the seller (and payment from the buyer), Carsker, Inc. will send the title to the buyer.
    8. If Carsker, Inc receives a 48 hour notice from a buyer, the seller has until 5:00 PM Cst time on the second business day from the date of the 48 hour notice was placed to deliver the correct, valid title to Carsker, Inc. in order to avoid the cancellation of the transaction.

      Carsker, Inc.
      14109 Overbrook Road Suite B
      Leawood, Ks 66224

    9. Note that 48-hour notices are suspended when inclement weather or a disaster affects Carsker, Inc.’s ability to open for business and/or the express shipper’s ability to pick up and/or deliver titles. The notice resumes when Carsker, Inc. has resumed operations, and the express shipper has the ability to pick-up and/or deliver to the affected areas.

Carsker, Inc. may amend this policy at any time and any such amendments will be effective as of the date the amended policy is posted on the Carsker, Inc. website unless otherwise specified in therein.

For assistance with any title related questions, the Carsker, Inc. title team may be reached at titles@Carsker.com.

Revised 05/2020

For inquiries regarding titles please email titles@Carsker.com