Legal Document

Terms of Use, User Agreement & Auction Terms

Company: Colonial Auction ServicesWebsite: colonialautoauction.comEffective Date: To be announced

Key Points to Know

  • All bids are legally binding and irrevocable once placed.
  • All vehicles are sold strictly "AS-IS" with no warranties of any kind.
  • Payment deadlines are strictly enforced; non-payment constitutes default.
  • Accounts may be suspended or permanently banned for Terms violations.
  • Disputes are resolved by binding arbitration — class action lawsuits are waived.

1. Acceptance of Terms

By accessing, registering for, or using this platform — including placing bids, listing vehicles, or participating in any auction activity — you (“User,” “Buyer,” “Seller,” “Bidder”) agree to be legally bound by these Terms. If you do not agree, you must not use the platform.

2. User Eligibility & Account Registration

  • Users must be 18 years or older and legally capable of entering binding contracts.
  • All information provided must be accurate, complete, and verifiable.
  • Accounts must be registered under the legal name or entity name that will appear on all transaction documents and titles.
  • Accounts are non-transferable and may not be shared.
  • The Company reserves the right to approve or deny registration, require KYC verification, or suspend and terminate accounts at its sole discretion.
  • Users are fully responsible for all activity conducted under their account.

3. User Types & Role Obligations

Buyers / Bidders

Must honor all bids placed, complete purchases within the timeframes specified, and maintain valid payment methods on file at all times.

Sellers

Must have full legal ownership of listed vehicles, provide accurate descriptions and valid title documentation, and comply with all applicable state laws. The Company acts solely as a facilitator and agent and is not a party to the underlying sale transaction.

4. Binding Nature of Bids & Sales

All bids are irrevocable and legally binding. Once a bid is accepted, a binding contract of sale is formed between buyer and seller. No bid may be withdrawn, modified, or canceled after it has been submitted.

5. Vehicle Condition, Inspection & Disclaimer

All vehicles are sold strictly “AS-IS, WHERE-IS” with no warranties, express or implied, including but not limited to mechanical condition, cosmetic condition, odometer accuracy, or title status. Vehicle descriptions are provided for convenience only and do not constitute a warranty. By participating, users acknowledge they have inspected the vehicle or voluntarily waived their right to inspect it and assume all associated risks.

6. Payment Terms

Payment in full is required within the timeframe specified at the time of sale. Accepted payment methods include cash, cashier’s check, wire transfer, and approved electronic or card payments. Failure to pay within the required timeframe constitutes a default.

7. Deposits & Authorized Charges

Deposits may be required to participate in certain auctions. Deposits are non-refundable in the event of buyer default or violation of these Terms. By registering, users expressly authorize the Company to charge payment methods on file and to retain deposits as liquidated damages where applicable.

8. Default, Non-Payment & Remedies

Upon buyer failure to pay or otherwise default, the Company may:

  • Forfeit the buyer’s deposit.
  • Relist or resell the vehicle.
  • Recover any resulting losses, costs, and fees from the buyer.
  • Suspend or permanently ban the buyer’s account.
  • Pursue collections or legal action as necessary.

9. Title, Ownership & Risk of Loss

Legal ownership transfers to the buyer only upon receipt of cleared funds. Risk of loss passes to the buyer at the point of sale confirmation. The Company does not guarantee the timing of title availability or title condition beyond the status disclosed at the time of sale.

10. Seller Representations & Document Requirements

Sellers warrant that they have full legal authority to sell the listed vehicle, that the vehicle is free of undisclosed liens, and that valid and transferable title and all required documentation will be provided. Title must be submitted to Colonial Auction Services prior to the sale date. The Company is not responsible for seller misrepresentations.

11. Vehicle Pickup, Storage & Abandonment

Buyers must remove purchased vehicles within the timeframe specified. Failure to do so may result in storage fees, relocation costs, or impoundment, all at the buyer’s expense. Vehicles not collected within the allowable period may be deemed abandoned.

12. Auction Operations & Company Rights

The Company reserves the right to accept, reject, or cancel any bid; withdraw or relist any item; modify auction timing or rules; and resolve all disputes at its sole discretion. Certain sales may be subject to seller confirmation (“if-sale”) or administrative and legal review.

13. Platform Use & Prohibited Conduct

Users agree not to manipulate bidding processes, create fraudulent accounts, interfere with platform operations, or engage in any deceptive or unlawful practices. Violations may result in account termination, forfeiture of funds, and legal action.

14. Electronic Consent & Signatures

Users consent to conducting transactions electronically. All digital documents, invoices, and notices carry the same legal weight as paper equivalents. Electronic signatures are legally binding.

15. Payment Processing & Chargebacks

Initiating a chargeback for any valid completed transaction constitutes a material breach of these Terms. The Company may recover funds, charge associated fees, suspend the account, and pursue all available legal remedies.

16. Limitation of Liability

The Company is not liable for listing errors, missed bids, technical failures, or any indirect, incidental, or consequential damages. Maximum liability is capped at the amount paid by the user for the specific transaction giving rise to the claim.

17. Indemnification

Users agree to indemnify and hold harmless Colonial Auction Services, its owners, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from their use of the platform, breach of these Terms, or participation in any auction.

18. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Maryland. All disputes shall be resolved through (1) good-faith negotiation between the parties, and if unresolved, (2) binding arbitration in accordance with applicable arbitration rules. Users waive any right to participate in class action lawsuits or class-wide arbitration.

19. Modifications to Terms

The Company may modify these Terms at any time. Continued use of the platform after any modification constitutes acceptance of the updated Terms.

20. Entire Agreement

These Terms constitute the entire agreement between the user and Colonial Auction Services and supersede all prior agreements, representations, or understandings relating to the subject matter herein.

21. Acknowledgment & Acceptance

By creating an account and/or placing a bid, you confirm that you have read, understood, and agree to be legally bound by these Terms of Use, User Agreement & Auction Terms. You acknowledge that all bids and purchases made through this platform are final and binding.

By creating an account, you agree to these Terms.

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Last reviewed by Colonial Auction Services. Questions? Contact us at the address listed on the website.