Greater Tyler Auto Auction
Lufkin Dealers Auto Auction
2109 North John Redditt Drive
Lufkin, Texas 75904
Phone (936) 632-4299 Fax (936) 632-4218
DEALER REGISTRATION CHECKLIST
Thank you for your interest in our auction and we greatly appreciate your business. Everything you need to register with us is included in the following packet. Once we receive your complete registration packet we will process it as quickly as possible. If you have any questions regarding the application or the application process please feel free to call our office and we will be glad to assist you.
Complete Applications Must Include:
o Dealer Agreement
o Dealer’s License & Bond (Current)
o Authorized Agents
o Copy of Driver’s Licenses for all Owners & Buyers
o Bank Information / Release / Bank Letter
o Copy of Company Check (if paying by check)
o Power of Attorney
o Title Delivery Form
o Agreement of Auction Terms / Policies & Procedures
o Authorization Form
o W-9 Form
o Sales Tax Certificate
Please note: All buyers are considered cash only until all application information is verified and appoved.
All applications may be faxed, mailed, or hand delivered for processing.
We do not process applications after 4:00 p.m. on sale day.
Lufkin Dealers Auto Auction
(Hereinafter referred to as “Auction”)
2109 North John Redditt Drive, TX 75904 Phone: (936) 632-4299 Fax: (936) 632-4218
Used Vehicle Dealer Agreement
Name of Dealership _____________________________________________ Telephone ________________
(Hereinafter referred to as “Dealer”)
Address_________________________________ City ________________ State _______ Zip ___________
E-Mail Address: _________________________________________________________________________
Business Information
Year Established? ___________ Dealer License # ___________ Sales Tax Exemption # ________________
Owners and Officers
Name ___________________________________________________ Title___________________________
Home Address _________________________________________________ Home Tel. # _______________
Social Security # ___________________ E-Mail Address: ________________ U.S. Citizen? ( Yes ( No
Name ___________________________________________________ Title___________________________
Home Address _________________________________________________ Home Tel. # _______________
Social Security # ____________________ E-Mail Address: ________________U.S. Citizen? ( Yes ( No
How do you expect to pay? (To hold checks, a bank letter of reference is required.)
( Cash ( Checks ( AFC (MAFS DSC ( Drafts (subject to auction approval)
Authorized Representatives
The following person (s) are duly authorized to represent Dealer at Auction. The authority of the following person (s) to act on behalf of the Dealer shall continue in full force and effect until terminated by Dealer in writing to the Auction. Dealer does hereby guarantee all transactions made by such person (s).
Rep (print name) __________________________________________ is authorized to (check all that apply):
( Sell Vehicles ( Buy Vehicles ( Sign Checks ( Sign Drafts.
Rep (print name) __________________________________________ is authorized to (check all that apply):
( Sell Vehicles ( Buy Vehicles ( Sign Checks ( Sign Drafts.
Bank Information (If doing business for less than 3 years with current bank, list your previous bank)
Name of Bank _____________________________________ Contact _______________________________
Address __________________________________________ Tel. # _______________ How Long? _______
Name of Bank _____________________________________ Contact _______________________________
Address __________________________________________ Tel. # _______________ How Long? _______
Auction References
Other auction you attend ________________________________________ How long registered? _________
Other auction you attend ________________________________________ How long registered? _________
Guaranty
In consideration of Auction allowing Dealer to buy and sell motor vehicles through Auction, the undersigned, whether one or more, personally covenant, guarantee and warrant that the title to each vehicle sold by Dealer through Auction will be good and will be free of all liens and encumbrances, whatsoever. The undersigned unconditionally agrees to reimburse Auction for any loss, damage, expense, or costs, including attorney’s fees, incurred by Auction as a result of breach of the foregoing warranty of titles as to any such motor vehicle.
The undersigned further guarantees full payment of any debts of Dealer to Auction, including any checks or drafts issued by Dealer or any of Dealer’s representatives, together with any loss or expense incurred by Auction in collecting or attempting to collect such debt, including attorney’s fees.
The undersigned acknowledges that Auction shall have the right to refuse to transact business with Dealer, to modify or release any and all collateral security, to extend or change time of payments, and to settle or compromise with Dealer without notice to the undersigned and without discharging or affecting the liability of the undersigned hereunder. This guaranty is to be a continuing guarantee and the undersigned hereby waves notice of acceptance of this guaranty and presentment, demand, protest, and any notice of non-payment or dishonor. The undersigned shall be liable as principal debtor and not merely as surety, and the bankruptcy or any assignment in favor of Creditors of Dealer shall not affect the enforceability of this agreement.
Signature on File
The undersigned authorizes Auction to submit drafts under “Signature on File” and hereby agrees to honor same drafts. (It is the responsibility of the Dealer to check with the Auction office about vehicles sold with a “call”, before assuming Dealer did not buy them.)
Execution of Agreement
This agreement shall bind the respective heirs, executors, administrators, and assigns of the undersigned, and shall ensure to the benefit of Auction, its successors, assigns, and subrogates. Where there is more than one signatory to this agreement, each signatory shall be jointly liable for all the terms and conditions set forth herein. IMPORTANT: Your signature on this agreement binds the Dealer to the Auction’s current Policies and Procedures, which are posted at the Auction and are subject to change without notice. Your signature also authorizes the Auction, at its discretion, to check credit and/or references on Dealer, owners, officers or their representatives.
This agreement is executed on the _____________ day of _______________________, 20_____.
Dealer Signature: ___________________________________________________________
Dealer Signature: ___________________________________________________________
Legible copies of the following items must accompany this executed agreement: (Buyer Cards will not be issued until all documents and copies are received.)
• Dealers License
• Insurance Bond
• Driver’s License
Lufkin Dealers Auto Auction
2109 North John Redditt Drive
[pic]
Lufkin, Texas 75904
Phone (936)632-4299 Fax (936) 632-4218
Letter of Authorization
____________________________________(Company Name) wishes to register the following person as an “authorized agent” to buy and sell automobiles; to execute checks or drafts, assignment of title, and odometer disclosures statement on behalf of dealer. The dealr understands and agrees that the authority of such person to act on the dealer’s behalf shall continue in full force and effect until terminated by dealer in writing to the auction. Dealer hereby guarantees all transactions made by such person and agrees to indemnify and hold harmless the auction from all loss or expense caused to the auction as a result of a transaction, including but not limited to losses from dishonored checks or drafts, defective titles, false or inaccurate odometer disclosure statements, as well as any expense incurred in attempting to collect such losses including attorney fees.
_________________________________ __________________________________
Name of Authorized Agent Social Security Number of Agent
________________________________ _________________________________
Drivers License Number of Agent Home Phone of Agent
________________________________ _______________________________
Mobile Number of Agent Home Address of Agent
_______________________________ _______________________________
Signature of Agent Signature of Owner
_____________________________ ______________________________
DATE Printed name of Owner
LUFKIN DEALERS AUTO AUCTION
POLICIES AND PROCEDURES
Revised 09/11/07
ARBITRATION
The following must be announced regardless of information on windows or which light a vehicle is sold under:
(a) Vehicles having miles over 100,000 or an odometer discrepancy;
(b) Vehicles with frame damage (only on vehicles that are either less than 10 calendar years old
or not mileage exempt); and vehicles with insurance or reconditioned titles, and disabled units.
(c) Salvage vehicles (vehicles with salvage titles);
(d) Titles denoting flood damage;
(e) Municipal vehicles;
(f) Recovered thefts;
(g) Vehicles with missing or deployed airbags; (except reconditioned titles, insurance assigned titles,
or disabled units.
(h) Vehicles with a reassigned public VIN;
(i) Reconditioned or insurance dated titles and MSO’s;
(j) Diesel conversions.
(k) Manufactures Buybacks
TOWED OR DISABLED UNITS ARE NOT SUBJECT TO ARBITRATION.
VEHICLES OVER 10 YEARS OLD ARE SOLD TO BE TRUE MILES UNKNOWN AND ARE NOT SUBJECT TO ARBITRATION FOR FRAME DAMAGE.
Auctioneers shall make all selling announcements only, and all representations by the seller must be announced through the auctioneer. Year, make, and mileage are seller’s responsibility. It is the seller’s obligation to correct any errors made by the auctioneer as to “announced conditions.” If SELLER fails to announce conditions when selling unit, the BUYER has the right to return vehicle within a reasonable time period as determined by auction management. It is the purchaser’s obligation to watch lights and listen to “announce conditions.” All salvage and reconditioned vehicles are assumed to have or have had frame or water damage including insurance reassignments and cars with announcements of major collision damage. We run auto check on all vehicles where the year models are not exempt for miles. We do not guarantee the accuracy of the information obtained and do not charge to run these, but merely provide it as a service. Arbitration concerning drivability must be called to auction’s attention within 2 hours of time of purchase. Auction drive is void after 2 hours.
No future arbitration will be permitted for any reason with the exception of only the following:
(a) Unannounced frame damage on vehicles that are less than 10 calendar years old or are not mileage
exempt reported within 7 days of purchase (not including frame damage resulting from
Normal use: scratches, scrapes, jack or lift marks, minor tie down marks, not resulting from an
accident); Visibly raised or lowered vehicles are not subject to arbitration for frame damage.
Vehicles with insurance assigned titles or reconditioned title are assumed to have, or have
had frame damage and missing or deployed air bags, or missing EPA or DOT equipment is not subject to arbitration for these items.
(b) Unannounced flood damage reported within 7 days of the date of purchase;
(c) Unannounced vehicles with a salvage or rebuilt history or insurance assignment reported within 7
days of receipt of title;
(d) Unannounced odometer discrepancy;
(e) Missing EPA or DOT equipment reported within 7 days of the date of purchase;
Item (e) is not subject to arbitration for vehicles sold “AS IS.”
* If after arbitration the vehicle is returned to the seller for failure to announce one of the conditions listed in
(a) through (e) above, seller shall pay seller/buyer fees and valid expenses.
* Visible defects are not subject to arbitration
* Vehicles with inoperative gauges or lights, except for odometers as set forth above, are not subject to
arbitration.
* Decisions of management of LDAA will be final on all arbitration.
* LDAA is not obligated to pay for any vehicle for any reason.
* Seller shall settle all stolen vehicles sold through the auction at the purchase price less 2% per month for
every month from the date of sale.
* All expenses for settlement must be presented within 7 days of vehicle return. If not, expenses will not be paid.
GENERAL POLICIES
If the seller designates a sale as an “if” sales before bidding begins on a Consigned Vehicle, or if the seller designates the sale as an “if” after bidding is finished with the consent and agreement of the highest bidder, the highest bidder is obligated to purchase such Consigned Vehicle until 5:00 PM on the next business day following the sale. Provided, however, such obligations shall terminate if the vehicle is, prior to such 5:00 p.m. deadline, damage by storm or other acts of God, and before sale is final and binding. All subsequent offers and counteroffers, once submitted, shall not be revoked within such time period.
All Consigned Vehicles must have a gate-pass before leaving the Auction premises and are subject to trunk inspection. LDAA will charge Dealer storage fees for all Consigned Vehicles purchased by Dealer and left on the Auction premises for more than 7 days.
Dealer’s failure to comply with any or all of the Auction Terms and Conditions or Auction Policies may result in the suspension or termination of Dealer’s privilege of transacting business with LDAA and its affiliates, as determined solely in the discretion of LDAA.
SELLING LIGHT SYSTEM
“RIDE AND DRIVE”
Green Light
Auction drive limited to motor, transmission, rear-end.
* Engine - No turn down for blow-by; this does not include excessive smoke, engine knocks, engine
leaks, misses (auction makes no decisions as to what causes the miss), or major leaks (defined by
visible leakage on the ground).
* Transmission - excessive leaks, slippage, or improper shifting.
* Rear-end - excessive noise, leakage, or slack.
AS OF 09-11-07
Drive (CV) axles are not covered by DRIVE (unless they prevent test drives)
Rack & pinion or steering boxes are not covered by DRIVE (unless deemed unsafe to
drive by the auction.)
Wheel bearings are not cover by DRIVE unless it is Rear Wheel Drive and is on the
Rear. (Axle Bearing) unless deemed unsafe to drive by the auction.
* No drive to be given on vehicles with alternators that are not charging or conditions rendering it
unsafe to test drive.
Auction drive will be void after 2 hours from time of purchase or 1 hour after the auction has been completed; whichever is shortest.
“DECLARATIONS”
Yellow Light
Vehicle is sold with pre- announced declarations, which are not subject to arbitration.
“AS IS”
Red Light
The following vehicles must be announced and sold “AS IS” (no mechanical guarantee of any kind). Vehicles sold for less than $1500, “X” cars, tow units, diesels, motorcycles, boats, trailers, recreational vehicles, modified, and off road vehicles.
TITLES
Seller shall present negotiable title to the auction for payment within 30 days of sale date, or may deposit draft within 21 days from date of sale. Slow titles must be announced “possible slow title” and must be presented to the auction for payment within 60 days of sale date. Auction assumes no responsibility for lost mail. Any return of vehicle for slow title must be preceded by 7 days notice so that auction may have opportunity to produce title.
Lufkin Dealers Auto Auction
2109 North John Redditt Drive
Lufkin, Texas 75904
Phone (936)632-4299 Fax (936)632-4218
Bank Information / Release
Bank Name:_________________________________________________
Address____________________________________________________
City______________________State___________Zip_______________
Bank Officer________________________________________________
Bank Phone ____________________Bank Fax_____________________
To Whom it May Concern:
I authorize the release of all my account information to Greater Tyler Auto Auction including, but not limited to, check and draft account histories, and insufficient funds items that were retutned-unpaid. This information will be used strictly for Lufkin Dealer Auto Auction to facilitate my buying and selling of vehicles and will be kept strictly confidential.
Thank you for your assistance in this matter.
Dealership__________________________________________________
Dealer Signature:_______________________Date:____________ _____ Printed Name:_________________________Title:__________________
This is a true and exact copy of the original that is on file at Lufkin Dealers Auto Auction
THIS SHOULD BE ON
BANK LETTERHEAD
DATE:
ATTN: LUFKIN DEALERS AUTO AUCTION
FAX# (936) 632-4218
RE: LETTER OF REFERENCE
DEAR SIRS,
PLEASE ACCEPT THIS AS A LETTER OF REFERENCE FOR
______(NAME)_________ DBA ______(DEALER)___________.
MR. ____(DEALER)_________ HAS HAD AN ACCOUNT SINCE
__(DATE)_ AT OUR BANK.
LDAA CAN REASONABLY EXPECT CHECKS WRITTEN ON THIS BANK TO BE HONORED.
THIS ACCOUNT IS HANDLED IN A PROFESSIONAL MANNER AND RETURNS FOR INSUFFICIENT FUNDS NOT A PART OF THEIR HISTORY
ANY QUESTIONS CALL ____(BANKER)_____ AT ___(PHONE)______________.
SIGNATURE
THIS IS A SAMPLE LETTER FOR YOU TO TAKE TO YOUR BANKER FOR A BANK LETTER OF REFERENCE. IF YOU HAVE ANY QUESTIONS PLEASE CALL US AT (936) 632-4218. THANK YOU LUFKIN DEALERS AUTO AUCTION
Lufkin Dealers Auto Auction
[pic]
2109 North John Redditt Drive
Lufkin, Texas 75904
Phone (936)632-4299 Fax (936)632-4218
TITLE DELIVERY
Please choose one of the following methods in which you would prefer us to deliver titles.
Please mark one of the following:
( 1. Pick-Up-(Preferred)-Myself or an authorized agent will pick up title(s).
( 2. Overnight Delivery – (Our Account) – There is a $15.00 fee per package, billed out every month.
( 3. Overnight Delivery – ( Your Account) – Please choose your preferred carrier and supply us with your account number.
Account#_______________
Please Circle One of the Following
Fedex Lone Star UPS DHL
Signature_________________________________Date_____________________
Printed Name____________________________
Delivery Name___________________________Dealer#____________________
Delivery Address______________________________________
City_________________________State__________Zip Code_____________________
If approved method is used and title(s) are lost LDAA will not be responsible. We will attempt to help replace your title, but our cost for this effort will be billed to you’re accounts receivable.
Lufkin Dealers Auto Auction
(Hereinafter referred to as “Auction”)
2109 N. John Redditt Dr. Lufkin, TX 75904
Phone: (936) 632-4299 Fax: (936) 632-4218
This form authorizes Lufkin Dealers Auto Auction to verify all information on the dealer agreement.
Including the following:
1) Check all auction references listed on dealer agreement.
2) Acquire verification on checking accounts in order for auction to hold checks until titles come in.
3) Verification of drafting privileges.
4) Copy of Resale Tax Certificate.
5) Credit check.
This agreement is executed on the _________ day of _________________, 20___.
Dealer Signature: ____________________________________________
Dealer Signature: ____________________________________________
LUFKIN DEALERS AUTO AUCTION
LETTER OF AUTHORIZATION
_____________________________________(COMPANY NAME) WISHES TO REGISTER THE FOLLOWING PERSON AS AN “AUTHORIZED AGENT” TO BUY AND SELL AUTOMOBILES; TO EXECUTE CHECKS OR DRAFTS, ASSIGNMENTS OF TITLES, AND ODOMETER DISCLOSURE STATEMENTS ON BEHALF OF DEALER. THE DEALER UNDERSTANDS AND AGREES THAT THE AUTHORITY OF SUCH PERSON TO ACT ON THE DEALER’S BEHALF SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL TERMINATED BY DEALER IN WRITING TO THE AUCTION. DEALER HEREBY GUARANTEES ALL TRANSACTIONS MADE BY SUCH PERSON AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE AUCTION FROM ALL LOSS OR EXPENSE CAUSED TO THE AUCTION AS A RESULT OF A TRANSACTION, INCLUDING BUT NOT LIMITED TO LOSSES FROM DISHONORED CHECKS OR DRAFTS, DEFECTIVE TITLES, FALSE OR INCCURATE ODOMETER DISCLOSURE STATEMENTS, AS WELL AS ANY EXPENSE INCURRED IN ATTEMPTING TO COLLECT SUCH LOSSES INCLUDING ATTORNEY FEES.
______________________________ ______________________________
NAME OF AUTHORIZED AGENT S.S. NO. OF AGENT
______________________________ ______________________________
DRIV. LIC. NO. OF AGENT HOME PHONE OF AGENT
______________________________ ______________________________
PAGER/MOBILE OF AGENT
______________________________
HOME ADDRESS OF AGENT
______________________________
SIGNATURE OF AGENT
______________________________ _____________________________
SIGNATURE OF OWNER PRINTED NAME OF OWNER
______________________________ ______________________________
AUCTION CLERK DATE
Lufkin Dealers Auto Auction
2109 North John Redditt Drive
Lufkin, Texas 75904
(936)632-4299 Phone (936)632-4218 Fax
Power Of Attorney
The undersigned and its subsidiaries hereby duly appoint Lufkin Dealers Auto Auction (“LDAA”), located at 2109 North John Redditt Drive Lufkin, Texas 75904, through its authorized employees and agents, to act as our ATTORNEY-IN-FACT to sign all papers and documents that may be necessary pertaining to the sale and subsequent title transfer of the vehicles consigned by the Undersigned, including without limitation, any title, title transfer document, reassignment of odometer discloser statements as required by federal law.
In consideration of LDAA’s agreement to execute such documents on behalf of the undersigned from time to time, the undersigned shall indemnify, defend, and hold harmless LDAA, its affiliates, subsidiaries, officers, directors, employees, successors, and assigns from and against any and all loss, damages, liability, claims, cause of action, and expenses of whatever kind of nature, arising from the execution by LDAA or its employees or agents of any certificate of title, odometer statement, bill of sale, or other document necessary to transfer ownership of consigned vehicles. Notwithstanding the foregoing, nothing contained herein shall be construed to require the undersigned to indemnify LDAA, its affiliates, subsidiaries, officers, directors, employees, successors, and assigns from any loss resulting from any gross negligence or willful misconduct of LDAA or its employees or agents.
This Power of Attorney shall be effective as of the date of signing hereof on behalf of the undersigned and shall continue in full force and effect until terminated by Dealer in writing to the auction.
This Power of Attorney supercedes any previous authorization to act as agent and attorney-in-fact for the undersigned.
____________________________________________
Dealership
By:_______________________________________
Printed Name_______________________________
Date:______________________________________
-----------------------
Exact Drafting Instuctions
(Enter Draft Address Above)
Account Types at this Bank
Business Checking Business Saving
Drafting Privileges Floorplan Amount$___________
Bank Information Release
Your bank has been designated by the following dealer ad their primary depository and banking reference, and we require all licensed new and used car dealers to establish their financial responsibility.
Office Use Only
Dealer Number_________________Verified on:_________________Verified By:________________
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