Auto Auctions

The hammer price is not the price. Every auction stacks a buyer's premium, a gate or documentation fee, storage after a deadline, and often a broker fee on top of the winning bid, and no federal rule caps any of them. Two other things decide whether an auction is a good idea for you at all: whether you are even allowed to bid, and what title the car carries when it lands. Both are state questions, not federal ones.

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What federal law actually covers

The FTC Used Car Rule at 16 CFR Part 455 defines a dealer as "any person or business which sells or offers for sale a used vehicle after selling or offering for sale five (5) or more used vehicles in the previous twelve months", with carve-outs for banks, sales to employees and certain lessors. Where it applies, the Buyers Guide carries a box headed "AS IS" stating there is no dealer warranty. The rule covers vehicles under 8,500 lbs gross vehicle weight rating with a curb weight under 6,000 lbs.

One honest gap. The rule's list of exclusions does not name auctions, and we could not verify from the regulation text whether wholesale auction sales fall outside it. So we are not telling you they do.

Odometer disclosure runs on a separate track, at 49 CFR Part 580. Section 580.5 requires the reading at transfer, the date, both parties' printed names and addresses, and the vehicle's make, model, year, body type and VIN. Exemptions at 580.17 reach vehicles over 16,000 lbs, pre-2011 model years transferred at least ten years after their model year, and 2011-and-later model years transferred at least twenty years after.

What is not federal at all

Three things people assume are national rules, and are not.

There is no federal definition separating a dealer-only auction from a public one. That line is drawn by state licensing law, and it is drawn differently in different states. Title brands are the same: salvage, restored and non-repairable are state creations, not federal ones. And we found no federal regulation of buyer's premiums. Some states regulate their disclosure. None that we checked caps the amount.

Which means the useful question is not what the law says about auctions. It is what your state says.

Why the winning bid is not what you pay

We do not publish a range here, because auction fee schedules are published per-auction and change without notice, and a figure we checked a year ago would be worse than none. What does not change is the shape of the bill, and it is worth knowing before you raise a hand.

On top of the hammer price, expect some combination of a buyer's premium that scales with the bid, a fixed gate or loading fee, a documentation or title fee, an internet or proxy-bidding surcharge where you did not attend in person, storage charged daily once a collection deadline passes, and a broker's fee where you had to bid through a licensed dealer because the auction was not open to the public. Every one of those is published on the auction's own fee schedule. None of them is negotiable at the counter.

Then there is what the car needs. A salvage-titled vehicle is not road legal until it passes your state's rebuilt inspection, and that inspection is a separate cost with a separate queue.

How to choose an auction

Start with whether you can bid at all. Public auctions sell to anyone; dealer-only auctions do not, and the workaround is a broker who bids on your behalf and charges for it. If a site is advertising dealer-only inventory to consumers, the broker fee is part of your price whether or not it is on the landing page.

Read the fee schedule before the catalog. It is published, it is the difference between a good buy and a bad one, and it is where two auctions selling identical cars stop being comparable.

Check the title brand on the lot itself rather than the listing summary, and check what that brand means in your state rather than the state the car is in. Brands do not always survive a state line intact.

Finally, treat "AS IS" as literal. Where the Used Car Rule applies, that box means there is no dealer warranty at all, and at auction there is usually no test drive and no cold start either.

Questions to ask before you bid

  • Can I see the full fee schedule, including buyer's premium, gate fee and any internet surcharge?
  • Is this auction open to the public, or do I need a licensed dealer to bid for me, and what does that cost?
  • What title does this vehicle carry, and what will my state require before I can register it?
  • When does storage start being charged, and at what daily rate?
  • Is there any inspection, start-up or test drive permitted before bidding?
  • Who handles the title paperwork, and how long does it take to reach me?
  • Is the odometer reading certified under 49 CFR 580, or is it exempt?

Common questions

Why is my final bill so much higher than my winning bid?

Because the hammer price is only the first line. Auctions add a buyer's premium that scales with the bid, a gate or loading fee, documentation and title fees, an internet surcharge where you bid remotely, daily storage once the collection deadline passes, and a broker fee where you had to bid through a licensed dealer. No federal rule caps any of these, and every one of them is on the auction's published fee schedule.

Can anyone bid at a car auction?

It depends on the auction, and there is no federal definition separating a dealer-only auction from a public one. That line is drawn by state licensing law and drawn differently in different states. Where an auction is dealer-only, consumers bid through a broker who charges for the service.

Does an auction car come with any warranty?

Where the FTC Used Car Rule applies, the Buyers Guide carries a box headed AS IS stating there is no dealer warranty. We could not verify from the regulation text whether wholesale auction sales fall outside the rule, so we are not telling you they do. Either way, assume no warranty and no test drive.

What does a salvage title mean at auction?

It depends on your state. Salvage, restored and non-repairable are state creations rather than federal ones, so the brand a car carries in one state does not always mean the same thing, or survive intact, in another. Check what your own state requires to register it before you bid, not after.