Last Updated: March, 2026
Dealer Agreement
This Dealer Agreement (“Agreement”) governs participation in sales conducted by New Calhoun Auto Auction (“NCAA”), located in Calhoun, Georgia. By registering with or participating in any NCAA sale, the Dealer agrees to the terms below.
1. Dealer Representations
Dealer represents, warrants, and agrees that:
a) Dealer is properly licensed to sell new and/or used automobiles and is in good standing under all applicable state and federal laws.
b) Dealer operates under the legal business name provided during registration and has not conducted business under any undisclosed name.
c) Dealer will provide NCAA with at least thirty (30) days prior written notice of any change in business name, ownership, principal place of business, or executive leadership.
d) All payments made to NCAA are intended as contemporaneous exchanges for debts incurred in the ordinary course of business and are made according to ordinary business terms. Dealer acknowledges such payments create a constructive trust in favor of NCAA until full payment clears.
e) NCAA does not waive its right to reclamation under any circumstance. Transfer of any vehicle by Dealer without full and complete payment shall constitute a material misrepresentation.
2. Payment Default & Remedies
If Dealer fails to provide cash or certified funds for any vehicle purchased through NCAA, NCAA may, at its sole discretion:
Immediately pursue legal action for the full purchase price, attorney’s fees, court costs, and any consequential damages; or
Upon written demand within ten (10) days, reclaim the vehicle and resell or otherwise dispose of it at public or private sale, with or without notice (unless required by law), and pursue recovery of any deficiency and related damages.
Dealer waives any right to notification of resale or disposition.
3. Limitation of Liability
Dealer agrees that:
Any claim for non-delivery or possession shall be limited to the purchase price paid, less auction costs, plus liquidated damages not exceeding $100.
Any claim for breach of warranty shall be limited to liquidated damages of $100.
Dealer waives any claim for consequential damages in any action involving NCAA.
4. Jurisdiction & Venue
Dealer agrees that all legal actions arising out of participation in NCAA sales shall be brought exclusively in Gordon County, Georgia.
Dealer waives any objection based on inconvenient forum and agrees that final judgment may be enforced in any jurisdiction permitted by law.
5. Attorney’s Fees
If Dealer becomes liable to NCAA for any unpaid amounts, NCAA shall be entitled to attorney’s fees of no less than fifteen percent (15%) of the principal and interest due, in addition to any other remedies permitted by law.
6. NAAA Policies
NCAA follows the policies and arbitration guidelines of the National Auto Auction Association (NAAA). In the event of a dispute, NCAA’s decision shall be final and binding unless otherwise required by applicable law.
7. Communication Consent
Dealer consents to receive communications from NCAA via phone, text message, and email. Consent is not required as a condition of purchase. Message and data rates may apply. Dealer may opt out of communications at any time in accordance with applicable law.
8. Personal Guaranty
By registering and participating in NCAA sales, the undersigned owner or authorized representative personally guarantees the obligations of the Dealer and agrees to bind successors, assigns, heirs, and representatives to the terms of this Agreement.
Acceptance of Terms
By registering with New Calhoun Auto Auction, submitting a dealer application, bidding, purchasing, selling, or otherwise participating in NCAA sales, Dealer acknowledges that they have read, understand, and agree to this Agreement and all related policies. These terms are binding and enforceable upon participation.
Title Delivery & Vehicle Pick-Up Policy
1. Title Delivery
Dealer acknowledges and agrees that no repairs, reconditioning, resale, or financial investment shall be made to any vehicle purchased through New Calhoun Auto Auction (“NCAA”) until proper title documents have been received.
Any funds spent prior to receipt of proper documentation are done at Dealer’s sole risk. If proper documentation cannot be delivered and the vehicle must be returned to NCAA, any such expenditures shall be forfeited.
The seller has thirty (30) calendar days to deliver title to the auction.
If title is not delivered within thirty (30) days, the Buyer may submit a written 24-hour notice to NCAA. NCAA will then provide the seller with 24 hours to produce the title.
If the title is not produced within that 24-hour period, the Buyer will be refunded the amount paid to NCAA for the vehicle.
2. Vehicle Condition Pending Title
If a vehicle is returned due to failure of title delivery:
The vehicle must be returned in the same condition as at the time of purchase.
The vehicle must match the title and documentation.
Mileage exceeding 500 miles will be considered excessive use and will be charged at $0.35 per mile beyond 500 miles.
3. Vehicle Pick-Up & Storage
All vehicles must be picked up within thirty (30) calendar days of purchase or drop-off.
Vehicles not picked up within thirty (30) days will incur a storage fee of $25 per calendar day until removed.
Dealer agrees to comply with NCAA’s vehicle pick-up and storage policy as a condition of participation in auction sales.
Title Clerk Authorization
Authorization to Execute Title Documents
By consigning any vehicle to New Calhoun Auto Auction (“NCAA”) for sale, the Consignor authorizes NCAA and its employees to act as the Consignor’s agent for the purpose of executing any and all documents necessary to complete the sale and transfer of ownership.
This authorization includes, without limitation:
Certificates of title
Title reassignment documents
Odometer disclosure statements
Bills of sale
Any additional documents required by federal or state law to complete transfer of ownership
Indemnification
In consideration of NCAA’s agreement to execute such documents on Consignor’s behalf, Consignor agrees to indemnify, defend, and hold harmless NCAA and its affiliates, subsidiaries, officers, directors, employees, successors, and assigns from any and all losses, damages, liabilities, claims, causes of action, or expenses arising from:
The execution of title transfer documents
The transfer of ownership of any consigned vehicle
Any title, odometer statement, or document required for lawful transfer
This indemnification does not apply to losses resulting from NCAA’s gross negligence or willful misconduct.
State Authority Protection
Consignor further agrees to indemnify and hold harmless any state authority involved in processing title transfers related to consigned vehicles.
Acceptance of Authorization
By consigning vehicles to NCAA for sale, Consignor acknowledges and agrees to this Title Clerk Authorization as a condition of participation in auction sales.
Modification of Terms
New Calhoun Auto Auction reserves the right to modify, update, or revise these Dealer Terms & Policies at any time. Any changes will be effective immediately upon posting to this page.
NCAA may, but is not required to, provide notice of material changes. Continued participation in NCAA sales after any update constitutes acceptance of the revised terms.
The “Last Updated” date at the top of this page reflects the most recent revision.