Bidbus, Inc. (“Bidbus,” “Company,” “we,” “us,” “our”) provides a platform where private individuals (“Seller(s)” or “you”) can list their vehicles for sale through an online-bidding process in which a dealership (“Dealer”) purchases said vehicle(s) (“Platform”). Please carefully read through these terms and conditions (“Terms”), because it is a binding agreement between us and you. These Terms, together with any account registration form and our Privacy Policy constitute the “Agreement.” The Agreement is effective upon the earliest of: (1) when you access or use the Platform, or (2) when you click an “I Accept,” “Sign up” or similar button or check box referencing this Agreement (“Effective Date”). Participation on the Platform Bidbus is voluntary, and Sellers remain free to transact elsewhere at any time.
EXCEPT AS OTHERWISE SET FORTH HEREIN, BIDBUS DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON THE PLATFORM.
1. GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS; TRUTH IN LISTING, & VEHICLE CONDITION, TITLE AND OWNERSHIP
1.1 The "Transparency" Standard. Bidbus operates on trust. Dealers bid on your car primarily based on the photos and descriptions you provide. Therefore, you represent,warrant, and covenant that all information you provide on the Platform is and will be true, accurate, and complete to the best of your knowledge.
1.2 Mandatory Written Disclosure (No Verbal Updates).
Written Record Control: You shall accurately document all vehicle conditions in the "Condition Report" and "Additional Notes" sections of the Seller Dashboard.
Verbal Disclosure Invalid: Verbal communications to Bidbus representatives, customer support, Dealers, or auction managers do not constitute valid disclosure. If an issue is not written in the Dashboard, it is legally considered "Undisclosed." Text threads or any other form of communication does not count as Dashboard.
1.3 The "Photo vs. Text" Rule. The Condition Report consists of both your written notes and your uploaded photos.
Clear Photos Count: If damage is clearly visible in your photos, it is considered disclosed.
Blurry/Hidden Damage: If a defect is subtle, hard to see, or the photo is blurry, you MUST describe it in the written notes. If a defect is not clearly visible in the photos and is not written in the text, it is considered undisclosed, and you accept liability for any cancellation based on your failure to disclose the relevant condition.
1.4 Mandatory Disclosures. You shall disclose the issues below. Failure to do so is cause for a Dealer or Bidbus to cancel any sale:
Previous Damage: Frame/unibody damage, substandard repairs, flood history, or fire damage.
Title Issues: Rebuilt, Salvage, Lemon Law, or Odometer Rollback brands.
Mechanical Faults: Check engine lights, transmission, or engine issues.
Modifications: Significant aftermarket changes (exhausts, suspension lifts, tunes).
1.5 Authority to Sell. You represent and warrant that you are the legal owner of the vehicle and have the authority to sell and transfer the title.
1.6 Liens and Payoffs.
Free and Clear: If you own the car outright, you must possess the physical title at the time of sale.
Bank Loans; Encumbrances: If you have a loan or other encumbrance on the car, you agree to provide the purchasing Dealer with the necessary account information to facilitate the payoff. You understand that the sale proceeds will go to the bank or other lienholder first to clear the lien, with the remainder paid to you.
1.7 Government Fees, Fines, & Registration.
Seller Liability: You are solely responsible for all government fees, fines, and penalties incurred prior to the date of sale,including, but not limited to: past-due registration fees (tags), unpaid parking tickets, toll violations, and towing/impound fees.
Deduction from Payment: You explicitly agree that if the vehicle has any outstanding balances with the Department of Motor Vehicles (“DMV”) or toll agencies at the time of transfer, the Dealer is entitled to deduct the full amount of these fees from your final payment to satisfy the debt and clear the title. To receive your full sale amount, please ensure all DMV or other fees are paid prior to the handover.
1.8 Compliance with Laws. Seller shall comply with all applicable federal, state, and local laws, rules, and regulations, including those set forth by the applicable DMV.
1.9 Data Processing. Seller consents to Company’s processing of all information entered into the Platform by Seller. Seller represents, warrants, and covenants that it has or will obtain all necessary consents for Company to process any personally-identifiable information that is entered into the Platform pursuant to Company’s Privacy Policy located at https://bidbus.com/help/en/articles/12503399-privacy-policy.
1.10 Platform Use Restrictions. Seller shall not (and shall not allow any authorized user or third party to): (a) copy, modify, adapt, translate or otherwise create derivative works or improvements of the Platform, (b) reverse engineer, decompile, disassemble, decode, adapt or otherwise attempt to discover the source code of the Platform, in whole or in part, (c) rent, lease, lend, sell, sublicense, assign, distribute, publish or otherwise transfer or make available rights in or to the Platform, (d) remove, delete, alter, or obscure any specifications, documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Platform, including any copy thereof, (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Platform, or (f) access or use the Platform in any manner or for any purpose: (i) that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Bidbus customer); (ii) to gather competitive information or compete directly or indirectly with Bidbus; or (iii) that violates any applicable law. Seller agrees to comply with all applicable laws and regulations in Seller’s use of and access to the Platform.
1.11 Accounts. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. You shall ensure that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2. THE AUCTION PROCESS
2.1 Exclusivity. To prevent double-selling, you shall not list the vehicle on other auction platforms or private marketplaces while the Bidbus live auction and any applicable post-auction window is active.
2.2 Live Auction & Winning Bids.
Meeting the Minimum Selling Price: If the high bid during the live auction meets or exceeds your agreed-upon minimum price ("Minimum Selling Price"), the vehicle is considered SOLD, and you are contractually obligated to complete the transaction.
2.3 Post-Auction Window (The "Buy Now" Channel).
(a) Variable Automatic Transition: If bids on your vehicle do not meet your Minimum Selling Price during the live auction, the listing will automatically transition into our post-auction "Buy Now" channel. The duration of this window depends on the day of your auction:
Monday & Wednesday Auctions: The post-auction window remains open for twenty-four (24) hours after the live auction ends.
Friday Auctions: To accommodate weekend Dealer operations, the post-auction window remains open for forty-eight (48) hours after the live auction ends.
(b) Active Bids & Meeting the Minimum Selling Price (Buy Now): During this post-auction window, the highest bid placed during the live auction remains a valid, binding offer. Furthermore, if a Dealer agrees to pay your full Minimum Selling Price at any point during this window, the vehicle is automatically considered SOLD and you are contractually obligated to complete the transaction just as if the bid occurred during the live auction.
(c) Seller Acceptance of High Bid: If the auction ends below your Minimum Selling Price, you are not required to sell your vehicle. However, you have the option to accept the highest recorded bid during the post-auction window. You can accept the offer directly within your Seller Dashboard or by confirming your acceptance via text message with our post-auction team. Once you accept the bid, the vehicle is officially considered SOLD, and you are contractually obligated to complete the transaction subject to all standard platform policies (including the Seller's Fee for cancellations).
(d) Opt-Out Procedure: We utilize the Buy Now automatic extension to the live auction process because it successfully helps the vast majority of our sellers achieve a sale without the hassle of relisting. However, you may opt out of Buy Now by texting Bidbus Support immediately after the live auction concludes to request removal of your vehicle from the Buy Now process. If you do not opt out and a Dealer meets your Minimum Selling Price, or if you manually accept a high bid, the sale is fully binding.
3. CANCELLATION POLICY
3.1 Seller Cancellation & Violations. When a Seller accepts an offer from a Dealer, either through a Dealer meeting the Minimum Selling Price or through acceptance of a Buy Now bid as described in Section 2, Seller enters into a binding agreement to complete the sale under the terms of the accepted offer.
(a) Dealer may cancel its bid and Seller will incur a Seller Cancellation Fee only if, in Company’s reasonable discretion, the Seller violates the Agreement, including but not limited to the following:
Refusing to sell after the vehicle is marked sold.
Refusing to drop off the vehicle within three (3) business days (“Standard Dropoff Timeframe”).
Refusing to drop off the vehicle within the Standard Drop-Off Radius (see Section 5.5).
Cancelling communication or "ghosting" the winning Dealer.
Dealer discovers material, undisclosed damage that Seller reasonably should have known about (and failed to document in the Dashboard).
(b) If the Seller violates the Agreement by canceling, withdrawing, or otherwise failing to complete the transaction, the Seller shall pay Bidbus a Seller Cancellation Fee. The “Seller Cancellation Fee” is equivalent to the standard Seller's Fee (Minimum $300) and is based on the final winning bid (sale price) of the vehicle as follows:
Vehicles sold under $30,000: The Seller Cancellation Fee is a flat $300.00.
Vehicles sold for $30,000 or more: The Seller Cancellation Fee is one percent (1%) of the final sale price (e.g., a $52,000 sale incurs a $520.00 fee).
(c) The Seller Cancellation Fee is intended to compensate for the time, administrative effort, and opportunity costs incurred as a result of Seller’s violation.
3.2 Enforcement and Collection. Bidbus reserves the right to charge, deduct, or invoice the Seller Cancellation Fee through the payment method provided by Seller or by other lawful means. Failure to remit payment within the specified timeframe may result in suspension or termination of Seller’s Bidbus account or referral to a collections agency.
3.3 Mutual Obligation of Fairness. This Cancellation Policy is designed to promote mutual trust and accountability among all Bidbus participants. By using the Bidbus platform, both Sellers and Dealers agree to act in good faith and fulfill their respective commitments once an offer is accepted.
4. FEES AND COMMITMENTS
4.1 The Seller's Fee (Variable Structure). Bidbus utilizes a tiered fee structure for Seller guarantees. The "Seller's Fee" owed to Bidbus is determined by the final winning bid (sale price) of the vehicle:
Vehicles Sold Under $30,000: The Seller's Fee is a flat $300.00.
Vehicles Sold for $30,000 or More: The Seller's Fee is 1% of the final sale price (e.g., a $52,000 sale incurs a $520.00 fee).
4.2 Valid Reasons for Dealer Withdrawal (No Penalty to Dealer). To protect both parties, we clearly define when a Dealer is allowed to back out of a sale. A Dealer may only withdraw from a winning bid or request a price adjustment to the Final Bid Price if material, undisclosed issues are identified during inspection that substantially affect the vehicle’s condition, safety, or value. Valid reasons include:
(a) Undisclosed Damage: Moderate or major accident damage, frame damage, or structural damage not disclosed in the written Condition Report AND not visible in the online photos, including severely worn, unsafe, or mismatched tires, or structural, flood, or fire damage.
(b) Undisclosed Mechanical Issues: Significant mechanical or electrical malfunctions (e.g., transmission slipping, engine knocking, active warning lights) not noted in the description or Condition Report.
(c) Title Issues: Discovery of a branded title (salvage, rebuilt, flood) not disclosed in the listing or Condition Report.
4.3 Bidbus Seller Commitments. We stand by our sellers. If a Dealer improperly rejects your vehicle after a winning bid or fails to purchase the vehicle except as provided for above, Seller may be eligible for compensation up to a maximum of $300.00, as Bidbus may determine in its sole discretion.
5. PAYMENT AND TRANSFER
5.1 Nature of the Transaction (Bidbus is a Marketplace Only). The Seller acknowledges that Bidbus is strictly a technology platform connecting Sellers with Buyers.
Bidbus is NOT the Buyer: We do not purchase your vehicle, we do not take title to the vehicle, and we do not handle the transfer of funds.
The Buyer is a Dealership: The actual purchaser of your vehicle is a licensed motor vehicle dealership. The binding contract of sale is solely between you (the Seller) and the Dealer.
5.2 Scheduling Payment Hold. To protect the integrity of the marketplace and ensure commitment from both Sellers and Dealers, Bidbus requires a temporary payment authorization hold to schedule your vehicle drop-off.
Hold Amount and Process: When the bidding process concludes and there is a winning bid for your vehicle, Bidbus will place a hold equal to your Seller's Fee on a valid credit or debit card. You are responsible for providing valid payment information before Bidbus will release the identity of the winning bidder to you.
Release and Charge: The payment hold will release after delivery of the vehicle to the Dealer. Bidbus will then charge your payment method for the applicable Seller Fee. Further, if you withdraw from a sale in violation of Section 3, Bidbus will charge you the Seller Cancellation Fee.
5.3 Purchase Price Payment Method & Variable Timing. Because the Dealer is the purchaser, payment will be issued directly from the Dealer to you. The timing of this payment is completely dependent on the specific internal policies of the winning Dealer.
Corporate/Franchise Dealers: Larger dealerships often have strict corporate "checks and balances." Payment may take several business days to process and may be mailed or issued after the vehicle is dropped off. Same-day payment is not guaranteed.
Private/Independent Dealers: Smaller or private dealerships may have the flexibility to issue same-day checks or wires, but this varies by Dealer.
Seller Acknowledgement: You acknowledge that Bidbus cannot mandate the specific payment speed of the Dealer. You shall inquire about the specific payment timeline with the winning Dealer when arranging the handover.
5.4 Lienholder Payoffs, Positive Equity & Negative Equity. If there is an outstanding lien (loan or lease) on the vehicle:
Authorization: You shall provide the Dealer with a valid "10-Day Payoff Quote" from your lender or written authorization to speak with your lender immediately upon sale.
Payoff Process: The Dealer will handle the payoff directly with your lender.
Positive Equity (You are owed money): If you have positive equity (the car is worth more than the loan), the Dealer may withhold the check for your equity until they receive the clear title from the DMV. This process is controlled by the speed of your bank and the Dealer’s title clerk, not by Bidbus. The typical estimated time frame is 2-4 weeks.
Negative Equity (You owe money): If your exact loan payoff amount is higher than the final sale price, you have "negative equity." You are required to pay the exact difference out-of-pocket directly to the purchasing Dealer on the day of the vehicle drop-off. Dealers do not offer payment plans, financing, or IOUs for this difference. You must confirm the Dealer's accepted payment methods (such as a cashier's check) prior to your appointment. Failure to pay this difference at drop-off prevents the legal transfer of the vehicle and will be considered a Seller Cancellation subject to the applicable Seller Cancellation Fee.
5.5 Vehicle Handover & Standard Drop-Off Radius.
We operate in multiple geographic regions throughout the United States. By listing your vehicle, you agree to the following drop-off expectations:
Standard Drop-Off Radius: You shall deliver (drop off) the vehicle to the winning Dealer if they are located within a 100 Miles distance of your listed zip code (“Standard Drop-Off Radius”). The Standard Drop-Off Radius is determined by measuring 100 miles in a straight line on a map (commonly known by the statement “as the crow flies”). You acknowledge that actual driving directions and mileage may differ from the Standard Drop-Off Radius.
Return Transportation Costs (No Reimbursements): You acknowledge that you are solely responsible for coordinating and paying for your own return transportation (e.g., Uber, Lyft, taxi, rides from family/friends) after dropping off the vehicle. Bidbus does not reimburse Seller for gas, tolls, rideshare receipts, or any other travel expenses related to the vehicle handover.
Extended Distance (>100 Miles): If the winning Dealer is located more than 100 miles from your location and you are unable to make the drive, please follow up with our Bidbus scheduling team via text message immediately so we can coordinate a solution to facilitate the sale and vehicle drop off.
Refusal to Drop Off: Refusing to deliver the vehicle to a Dealer located within the Standard Drop-Off Radius (100 miles) is considered a voluntary withdrawal and is subject to the Seller Cancellation Fee.
5.6 Paperwork & DMV Documentation. Bidbus does not facilitate, handle, or process DMV paperwork.
Seller Responsibility: You are solely responsible for bringing the physical Certificate of Title (if in hand) and a valid ID to the vehicle handover. IMPORTANT: The Registered Owner(s) listed on the title MUST be physically present to sign documents.
Dealer Responsibility: The Dealer will provide the necessary Bill of Sale, Odometer Statement, and Release of Liability forms. It is the Dealer's responsibility (as a licensed Dealer) to handle the DMV filings and title transfer.
No Bidbus Liability: You acknowledge that Bidbus is not a party to the vehicle transfer documentation and is not liable for errors in the DMV processing or delays in title transfer.
6. GENERAL PROVISIONS
6.1 Indemnification. You shall indemnify, defend, and hold harmless Bidbus, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising out of or related to your use of the Platform, violation of this Agreement, or violation of any law or third-party right.
6.2 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in San Bernardino County, California. At the Company’s sole discretion, it may require you to submit any disputes arising from the use of the Platform, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination, of this Agreement to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. All claims between you and us must be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of a representative or class proceeding. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
6.3 Intellectual Property Rights. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bidbus, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms, we grant to you a limited, personal, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Platform for internal use only. The Company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You shall not use such marks without Company’s prior written consent. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
6.4 Disclaimer of Warranties. Except as expressly set forth herein, YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIDBUS NOR ANY PERSON ASSOCIATED WITH BIDBUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BIDBUS NOR ANYONE ASSOCIATED WITH BIDBUS REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BIDBUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.5 Limitation of Liability. Except as expressly stated in this Agreement, and to the fullest extent permitted by law, Bidbus is not liable for any incidental, punitive, indirect, special, or consequential damages of any kind, including lost profits or lost opportunity, arising out of or in connection with this Agreement. In no event will Bidbus's total aggregate liability exceed the Seller Fees paid for the specific vehicle in dispute. Notwithstanding the foregoing, these limitations and caps do not apply to liability arising directly from Bidbus’s gross negligence, willful misconduct, proven fraud, or any other liability that cannot be lawfully excluded or limited under applicable statutory law. For the avoidance of doubt, standard administrative oversights by Bidbus—including but not limited to failing to detect fraudulent seller listings, mismatched names, or expired identification documents—constitute ordinary error and expressly do not qualify as gross negligence or willful misconduct.
6.6 Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms is deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
6.7 Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in governing law and venue will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
6.8 Attorney Fees. The non-prevailing party in any dispute arising out of or related to this Agreement shall pay the prevailing party’s reasonable costs and expenses incurred in connection therewith, including reasonable attorney fees and costs.
6.9 Jury Waiver. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Agreement or the transactions contemplated hereby.
6.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.