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Arizona gives used vehicle buyers an implied warranty that runs fifteen calendar days or five hundred miles, whichever comes first, and a dealer generally cannot disclaim it. A public consignment auction dealer is exempt from it by statute and has to post a sign saying so. That exemption is the difference between buying at an auction here and buying off a lot, and it is worth understanding before you raise a hand.
A.R.S. § 44-1267 sets an implied warranty of merchantability on a used motor vehicle that "expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier". Dealers generally cannot exclude, modify or disclaim it.
Then A.R.S. § 28-4410.01(A): "A public consignment auction dealer is exempt from the following: 1. An implied warranty of merchantability described in section 28-4412, subsection B and section 44-1267. 2. An emissions inspection pursuant to section 49-542, subsection D."
So the fifteen-day protection that attaches on a dealer lot does not attach at a public consignment auction. Subsection B requires the auction to say so out loud: it "shall post at the public consignment auction dealer's established place of business a sign indicating that the public consignment auction dealer is exempt from the provisions described in subsection A".
A.R.S. § 28-4301 defines a wholesale motor vehicle auction dealer as one providing auction services "solely in wholesale transactions to motor vehicle dealers licensed by this state or any other jurisdiction", who "does not buy, sell or own the motor vehicles the auction dealer auctions in the ordinary course of business". A public consignment auction dealer conducts "live auctions with a licensed auctioneer verbally calling for and accepting bids" and provides "live auction services to the public on a consignment contract basis".
That's the dealer-only versus public line, written into statute rather than into a marketing page. The two are kept apart deliberately: subsection J of 28-4410.01 states "a wholesale motor vehicle dealer shall not sell motor vehicles to a public consignment auction dealer".
Subsection E requires written notice to the purchaser at delivery carrying the date of transfer, the VIN, the make and model, "the successful bid price and any premiums or commissions paid associated with the auction of the motor vehicle", and notice of whether the vehicle is a salvage vehicle.
Note what that regulates. The buyer's premium has to be disclosed as a figure. Nothing in the statute caps it.
A.R.S. § 28-2091 defines a salvage vehicle as one "stolen, wrecked, destroyed, flood or water damaged or otherwise damaged to the extent that the owner, leasing company, financial institution or insurance company considers it uneconomical to repair". A nonrepairable vehicle certificate of title is branded with the word "nonrepairable", and ownership of such a vehicle "shall not be reassigned more than two times".
A.R.S. § 28-2095 covers the route back: a rebuilt salvage vehicle cannot be transferred until a restored salvage certificate of title is issued, which requires a level two or level three inspection, and the seller must "clearly and conspicuously disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a restored salvage vehicle".
An Arizona public consignment auction is exempt in Arizona from the fifteen-day implied warranty and from emissions inspection, so these are the questions a dealer lot would otherwise answer for you.
Not at a public consignment auction. A.R.S. 28-4410.01(A) exempts a public consignment auction dealer from the implied warranty of merchantability in A.R.S. 44-1267, which otherwise runs fifteen calendar days or five hundred miles from delivery, whichever comes first.
The auction has to tell you. Subsection B requires a public consignment auction dealer to post a sign at its established place of business stating that it is exempt from those provisions.
It depends on the license. A wholesale motor vehicle auction dealer provides auction services solely to dealers licensed by this or another state. A public consignment auction dealer runs live auctions open to the public, with a licensed auctioneer calling and accepting bids.
No. A.R.S. 28-4410.01(E) requires the successful bid price and any premiums or commissions to be disclosed in writing at delivery, together with the VIN, make, model, date of transfer and whether the vehicle is salvage. Nothing in the statute limits the amount.
Under A.R.S. 28-2091 it brands a vehicle its owner or insurer considers uneconomical to repair, and ownership of one cannot be reassigned more than twice. A rebuilt salvage vehicle needs a restored salvage certificate of title, which requires a level two or level three inspection, before it can be transferred.