ADESA Clear Arbitration Claim

Policies and Procedures

The policies and processes below apply to ADESA Clear purchases in alignment with the ADESA Arbitration Policy. For policies and processes related to an in-lane, Simulcast, or DealerBlock sale that are not expressly addressed in the ADESA Arbitration Policy, please reach out to the auction that facilitated the sale.

Submitting Your Arbitration Claim

All ADESA Clear arbitrations claims must be submitted online on the vehicle’s purchase page. Do not contact Customer Support or your local ADESA auction to submit an ADESA Clear Claim.

1. From the ADESA Clear platform, navigate to your purchases page and initiate an arbitration by clicking on a specific vehicle.
2. When the side panel appears, a section labeled Arbitration is visible with a Start Arbitration link.
3. Clicking the link will open the arbitration form, where you can input issues, categories, and descriptions.
4. You can enter the issue(s) to be reviewed and submit the claim after entering the vehicle’s current odometer value.
5. You will receive a confirmation email, and you can view the arbitration status on your purchases page.
6. Please allow our team at least one full business to review newly submitted claims.

Standard Arbitration Period for ADESA Clear Sales

The arbitration period that applies to all vehicles sold through ADESA Clear Sale is 10 calendar days from the date of sale. Sale day is day one. This arbitration period supersedes NAAA policy guidelines as time periods may differ. All claims must be made within the applicable arbitration period.

A Claim must be initiated before the expiration of the arbitration period via ADESA.com (on my Purchases page). Failure to provide supporting documentation within two business days after starting the Claim, in accordance with the instructions provided by the Arbitration Administrator, may result in loss of arbitration rights.

Buyer’s Pre-Claim Payment Obligation

The Buyer must pay ADESA all amounts due related to the Claim Vehicle before starting a claim. If the Buyer submits an arbitration claim prior to fulfilling their payment obligation for the Claim Vehicle, their arbitration claim may be denied and/or forfeited. Any adjustments or concessions negotiated through arbitration will be sent at the conclusion of the transaction.

Vehicle Condition for Arbitration

• The Claim Vehicle must be in the same or better condition as when it was sold otherwise the Arbitrator may deny the Claim or charge additional fees. The Auction will complete a “post-arbitration inspection” following the Buyer’s return of the vehicle or at the time of validation.
• Buyer may lose the right to make or continue a Claim if Buyer drives the Claim Vehicle, except that Buyer may drive a minimal number of miles for transportation to and from the ADESA Location (maximum of 50 miles, subject to the Arbitrator’s discretion taking into account type of damage and other relevant factors).
• Buyer is liable for any and all work done to Claim Vehicle prior to returning the vehicle for any arbitration claim. Seller and/or Auction will not be required to reimburse the Buyer.
• Buyer must produce a bill of lading or other documentation showing the condition of the vehicle prior to leaving the gates when arbitrating for undisclosed cosmetic damage.

Validation Process for Mechanical Arbitrations

• ADESA Clear allows for one inspection to be completed to validate a mechanical arbitration. Additional inspections will not be completed at the Buyer’s request.
• ADESA Clear uses third-party inspectors to complete validation inspections at the Buyer’s location. In the event that a local third-party inspector is unavailable, the Arbitrator may request that the Buyer return the unit to the nearest ADESA inspection location. If the vehicle was inoperable at the time of sale and was left at the auction location, the Arbitrator may send a third-party inspector to the auction location.
• ADESA Clear charges a $195 invalid inspection fee to the Buyer if the third party inspector does not find evidence of the issue mentioned in the Buyer’s claim. A fee of $95 may be assessed to the Seller if the Buyer’s claim is deemed valid.

Return of Vehicle and Title after Sale Cancellation

• If the sale is canceled, the Buyer must deliver the Claim Vehicle within 48 hours of receiving instruction on where to return it.
• If the claim results in a cancellation and title was transferred, the Buyer must return the original title or a transferable title within the length of time designated by the Arbitrator. If the Buyer fails to deliver the Vehicle within the requested time frame, the auction may deem the claim invalid and close the arbitration in favor of the Seller.
• Risk of loss remains with the Buyer until the vehicle is delivered to the Seller, carrier, or secured at an ADESA Location.
• Award amount will not be issued to the Buyer until title and vehicle are both returned.
• If the claim results in a cancellation, Buyer can submit transportation receipts to be reviewed for reimbursement. Seller will be responsible for reimbursing reasonable transportation fees at the discretion of the Arbitrator.

Consequences for Failure to Respond or Meet Deadlines

• ADESA Clear arbitrations are handled solely via email communication. You may contact customer support about your arbitration, but communication with the Arbitrator must be via email.
• Each step of the arbitration process must be completed by the Buyer within five (5) calendar days of the Arbitrator’s request. This includes but is not limited to responding to communication, submitting evidence of the claim, and submitting transportation receipts for reimbursement. The only exception is if the Arbitrator asks the Buyer to bring the vehicle to the auction as this must be completed within 48 hours.
• The Buyer must remain responsive via email communication throughout the duration of the claim process. If the Buyer does not respond to the arbitration administrator within 5 calendar days, ADESA may, in its sole discretion, close the arbitration Claim as “Buyer Bought”.

Abuse of Arbitration Rights

• ADESA may, in its sole discretion, prohibit any Buyer or Seller from executing any ADESA Clear Sales if such party violates the ADESA Arbitration Policy, or commits any excessive, abusive, or fraudulent use of the ADESA Arbitration Policy.
• ADESA may, in its sole discretion, limit the the arbitration rights of any Buyer or Seller if such party violates the ADESA Arbitration Policy, or commits any excessive, abusive, or fraudulent use of the ADESA Arbitration Policy.
• For more information, please see the ADESA Arbitration Policy.

AS-IS Policy and Arbitration Limitations

• On ADESA Clear, vehicles being sold AS-IS are expressly noted as such on the VDP.
• A vehicle is considered AS-IS if the vehicle has a selling price below $3,000 and/or is inoperable unless otherwise designated by the Seller.
• For AS-IS vehicles, arbitration is limited to:
  • Not Actual Miles/Inoperative odometer
  • Title issues (present and history)
  • Legally required issues

ADESA Clear Vehicle Details Page (VDP) Disclosure

The VDP as the Condition Report

For ADESA Clear, the VDP functions as the static, comprehensive condition report that dictates the vehicle’s status and the scope of potential arbitration, making detailed review by the Buyer and accurate input by the Seller paramount.

• On ADESA Clear, the Vehicle Details Page (VDP) serves as the comprehensive condition report and primary disclosure mechanism for all vehicles offered through ADESA Clear.
• The VDP contains images and condition information that provide a visual representation of the vehicle and certain components at the time the data was collected. Buyers are expected to form their understanding of the vehicle’s condition based on the detailed content within the VDP.
• Any information or disclosure, whether in image or written format, included within the VDP related to any component or part of a vehicle, disqualifies that component or part from serving as the basis for an arbitration claim. Even a single disclosure in the VDP is considered sufficient to notify the Buyer and acts as the definitive record of disclosed conditions and limitations for arbitration.
• The Seller is responsible for the accuracy and completeness of all representations, announcements, and disclosures regarding its vehicles.
• Buyers are obligated to review the VDP in its entirety prior to placing bids. Buyer is responsible for reviewing all pertinent information available online, including announcements, disclosures, condition reports, pictures, and online listings. A thorough review of the VDP is critical for the Buyer to understand the vehicle’s condition and any potential arbitration limitations
• Nothing contained in the VDP qualifies as a complete mechanical, electrical, or structural inspection of a vehicle.

ADESA Clear Title Arbitration Policy

Title Absent Definition

ADESA defines “title absent” to mean that the Seller does not have the title to the vehicle on the day the vehicle is sold to the Buyer. However, it remains the Seller’s responsibility to send the title to the buyer in line with ADESA’s Terms and Conditions and Arbitration Policy.

Title Arbitration Period

The buyer must allow 30 calendar days after sale (sale day is day 1) for the title to be sent prior to submitting an arbitration claim. If a title is not received by the 31st day, the buyer may submit a claim for late title. Submitting a claim prior to the 31st day may result in a denied and/or forfeited claim at the discretion of the auction.

Buyer’s Responsibilities

• The Buyer must fulfill their financial responsibility for the purchase prior to vehicle title being released and sent to the Buyer.
• If the Buyer is delayed in fulfilling their payment obligation, ADESA has the right to withhold  the title and, therefore, the title may be delayed until payment is satisfied.

Seller’s Responsibilities

• Seller warrants, represents, and guarantees possession and conveyance of a properly executed, valid, and lien-free certificate of title.
• If sold with title present, the Seller ensures the title is delivered to ADESA within 7 calendar days. If sold title absent, the Seller ensures the title is delivered to ADESA within 30 calendar days of sale date or within the specific state required timeline. In both scenarios, sale day is day 1.
• If a buyer opens a title arbitration for a missing title, the Seller should send the title within 2 business days to avoid an adjustment or buyback.

Other ADESA Clear Policies

ADESA Clear Bids

• If the Dealer clicks “Place Bid”, the Dealer is obligated to complete the transaction if you are the highest bidder at the conclusion of the sale. Similarly, if a Dealer places a Proxy Bid on a Vehicle, Dealer is obligated to complete the transaction if the proxy bid is the highest bid at the conclusion of the sale.
• Once a bid is placed, it is final, binding, and irreversible. In the event that details change regarding the Vehicle, bids may automatically be removed.
• Buyer is responsible for all bids placed for their account, whether intentional or unintentional.

Inoperable Units Policy

• Vehicles known to be inoperable prior to listing or sale are disclosed as inoperable (“inop”) on the VDP.
• Vehicles deemed inoperable after they have been transported from the auction location are not eligible for arbitration.

Vehicle Accessories Policy

External or adjacent parts integral to the functionality of essential components (covered items under NAAA Appendix I) are not excluded from arbitration. If an essential component or covered item won’t operate without the part, that part is not considered an accessory with the exception of wearable items. Vehicle accessories on vehicles over 4 years old (based on calendar years) are not subject to arbitration (as per NAAA policy).

ADESA Clear considers the following to be examples of a vehicle accessory for the purpose of arbitration:

• Touch-Screen Infotainment Systems
• Navigation Systems​
• Cruise Control (unless adaptive “ADAS”)
• Engine Start/Stop Feature
• Defoggers
• Wiper Motors
• Headlights, Turn Signals, Exterior Lighting
• Sunroofs/Moonroofs
• Active Spoilers
• Power Running Boards
• Heads-up Display
• Paddle shifters
• Power windows and power door locks
• Cooled, heated, or power seats

ADESA Clear does not consider control modules, heating or cooling systems (or infotainment screens that control heating or cooling functionality), mechanical convertible tops (hard or soft), or Advanced Driver Assistance Systems to be vehicle accessories for the purpose of arbitration.

Subscription Services

The transferability of options, equipment, or software services based on owner or user subscriptions or fee-based agreements (e.g., Auto Pilot, Satellite Radio) is not guaranteed and not subject to arbitration. Any required technical or software updates are the buyer’s responsibility.

Wearable Items Policy

ADESA Clear defines wearable items as parts of the vehicle designed to wear down over time and deemed to need replacement by the manufacturer during its expected lifespan driven an average amount of miles. ADESA Clear considers the following inclusive of wearable items but is not limited to:

• Tires and Wheels:
  • Tires: Tread wears down over time due to friction with the road.
  • Wheel bearings: These wear out with mileage.
  • Wheel covers: Can experience minor scratches and dings from daily use.
• Braking System:
  • Brake pads: Worn down by friction during braking.
  • Brake rotors/discs: Can wear thin or warp due to heat and friction.
  • Brake shoes (for drum brakes): Can wear down from daily use.
  • Brake fluid: Degrades over time and needs to be flushed and replaced.
  • Brake hoses: Can crack or deteriorate over time.
• Suspension and Steering:
  • Shock absorbers/Struts: Wear out with use and road conditions.
  • Bushings (various): Can crack or deteriorate.
  • Ball joints: Can wear out leading to looseness.
  • Tie rod ends: Can wear with steering input.
  • Control arms: Can develop worn bushings or ball joints.
  • Sway bar links: Can wear out.
• Engine and Drivetrain:
  • Filters (engine air filter, oil filter, cabin air filter, fuel filter): Become clogged and need replacement to maintain performance and air quality.
  • Belts (serpentine belt, timing belt, accessory belts): Can crack, fray, or stretch over time. Timing belts are critical and often require tensioner replacement as well.
  • Spark plugs: Degrade and lose effectiveness over time, affecting ignition.
  • Clutch components (for manual transmissions): Clutch disc, pressure plate, and throw-out bearing wear out from engagement and disengagement.
  • Motor mounts/Transmission mounts: Can deteriorate.
• Electrical and Lighting:
  • Battery: Loses its ability to hold a charge over time.
  • Light bulbs (headlights, taillights, interior lights): Burn out with use.
  • Fuses: Designed to fail to protect circuits and need replacement.
• Miscellaneous:
  • Hoses (radiator hoses, heater hoses): Can crack or become brittle.
  • Interior components: Upholstery, floor mats, and frequently used controls can show signs of wear, fading, or minor damage.
  • Exterior paint: Fading, minor scratches, and stone chips are considered normal wear.