ComplaintsforBacklotCars

• Initial Complaint

  11/07/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I purchased 2 vehicles from their auction platform that were inspected and marked as having no damage. One truck has 11,900 in damage and cost $45,880. The other has 4400 in damages and the purchase price was $47,145.

  Business response

  11/14/2023

  Complainant, a sophisticated vehicle dealer, purchased two vehicles through BacklotCars' online platform.  Complainant opened an arbitration for both vehicles setting forth cosmetic damages.  The arbitrator awarded Complainant $2k for each vehicle for the cosmetic damages but the awards were refused. BacklotCars complied with its Terms and Conditions and Arbitration Policy and denies any wrongdoing.  

  Customer response

  11/28/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  the money that is being offered is nowhere close to the actual damage of the vehicles in question. 
  
  Sincerely,
  
  ***** *****

  Business response

  12/05/2023

  BacklotCars stands by its position as stated previously.

• Initial Complaint

  08/16/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Purchased vehicle order ******* 2008 Ford Escape Hybrid for $4,300. BOUGHT IT AS CLEAN TITLE BUT the vehicle came as SALVAGE.

  Business response

  08/29/2023

  BacklotCars provides a business-to business online marketplace and related services through which licensed automotive dealerships and approved commercial sellers may connect with other licensed automotive dealerships to buy, sell, or trade wholesale inventory on a local and national level. Sales conducted through the Backlotcars platform are governed by BacklotCars' Terms and Conditions and associated policies, including the Buyer Arbitration Policy, which your client, a sophisticated vehicle dealer, acknowledged and agreed to be bound by in purchasing the vehicle through BacklotCars. I have attached the Terms and Conditions for your review, and direct your attention to the following pertinent provisions:
  
  8. BacklotCars’ Role:
  BacklotCars is a service company that facilitates the sale of wholesale vehicles between licensed wholesale dealers or commercial sellers through its Platform and related Services. Unless specifically noted otherwise, BacklotCars does not take title to the vehicles listed on its Platform or Services. BacklotCars is neither a buyer nor a seller or supplier of the vehicles on the Platform or Services. Unless specifically listed as such, BacklotCars is not a party to the vehicle sale contract between the Seller and Buyer, but rather is a third-party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach.  Customer agrees that any legal claims arising out of a transaction on the Platform or Services will be between Customer and the other party (either Buyer or Seller) in the transaction and not against BacklotCars or any BacklotCars’ partner or affiliate....
  
  9. Buyer’s Obligations:
  a.       Duty to Investigate Vehicle’s Condition: Prior to purchase, Buyer agrees to undertake a duty to investigate and confirm a vehicle’s title, vehicle history, and condition prior to purchase.  Buyer agrees not to rely on information about a vehicle provided by Seller or BacklotCars, which is provided for informational purposes only such as the Inspection Report, photos, and information provided on the vehicle details page.  Upon receiving a vehicle, Buyer agrees to investigate and confirm the vehicle’s title, vehicle history, and condition within the time provided by the Buyer Arbitration Policy and report any issue to BacklotCars within the allowed timeframe.  
  
  15. Vehicle Sales Dispute Resolution-Binding Arbitration:
  Customer agrees and acknowledges that it has read and agrees to be bound by the BacklotCars’ Seller Arbitration and Title Policy and Buyer Arbitration and Title Policy available on the Platform and incorporated herein by reference. Customer agrees any dispute arising from the purchase or sale of a vehicle through BacklotCars’ Platform and Services shall be resolved by binding arbitration in accordance with the Buyer Arbitration and Title Policy and the Seller Arbitration and Title Policy with BacklotCars serving as the neutral arbitrator between Buyer and Seller. Customer agrees that with respect to such vehicle claims, BacklotCars’ decision as arbitrator will be final and binding on Customer as Customer’s sole remedy and no appeal may be taken.
  
  23. DISCLAIMER OF WARRANTIES:
  …
  Vehicle Condition. BacklotCars makes no warranty or representation as to the condition of any vehicle or any of its component parts sold through its Services. BacklotCars makes no warranty or representation and undertakes no duty to confirm the accuracy or completeness of any information provided in oral, written or image form to buyer regarding any vehicle for sale, including but not limited to, the vehicle’s inspection report.
  Disclaimer of the Warranty of Title.  BacklotCars disclaims the warranty of title of any vehicles sold through its Services.  BacklotCars assumes no responsibility to investigate seller’s title or to otherwise identifydefects in Seller’stitle or title documents and BacklotCars makes no warranty whatsoever regarding title or title documents.
  
  ...
  
  Buyer never opened an arbitration for this vehicle and provides no evidence the vehicle’s title is not marketable. 

• Initial Complaint

  08/16/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Purchased a Car from backlot and car was in need of lots of repairs. Backlot refused to make it right and stuck me with the car.

  Business response

  08/29/2023

  BacklotCars provides a business-to business online marketplace and related services through which licensed automotive dealerships and approved commercial sellers may connect with other licensed automotive dealerships to buy, sell, or trade wholesale inventory on a local and national level. Sales conducted through the Backlotcars platform are governed by BacklotCars' Terms and Conditions and associated policies, including the Buyer Arbitration Policy, which your client, a sophisticated vehicle dealer, acknowledged and agreed to be bound by in purchasing the vehicle through BacklotCars. I have attached the Terms and Conditions for your review, and direct your attention to the following pertinent provisions:
  
  8. BacklotCars’ Role:
  BacklotCars is a service company that facilitates the sale of wholesale vehicles between licensed wholesale dealers or commercial sellers through its Platform and related Services. Unless specifically noted otherwise, BacklotCars does not take title to the vehicles listed on its Platform or Services. BacklotCars is neither a buyer nor a seller or supplier of the vehicles on the Platform or Services. Unless specifically listed as such, BacklotCars is not a party to the vehicle sale contract between the Seller and Buyer, but rather is a third-party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach.  Customer agrees that any legal claims arising out of a transaction on the Platform or Services will be between Customer and the other party (either Buyer or Seller) in the transaction and not against BacklotCars or any BacklotCars’ partner or affiliate....
  
  9. Buyer’s Obligations:
  a.       Duty to Investigate Vehicle’s Condition: Prior to purchase, Buyer agrees to undertake a duty to investigate and confirm a vehicle’s title, vehicle history, and condition prior to purchase.  Buyer agrees not to rely on information about a vehicle provided by Seller or BacklotCars, which is provided for informational purposes only such as the Inspection Report, photos, and information provided on the vehicle details page.  Upon receiving a vehicle, Buyer agrees to investigate and confirm the vehicle’s title, vehicle history, and condition within the time provided by the Buyer Arbitration Policy and report any issue to BacklotCars within the allowed timeframe.  
  
  15. Vehicle Sales Dispute Resolution-Binding Arbitration:
  Customer agrees and acknowledges that it has read and agrees to be bound by the BacklotCars’ Seller Arbitration and Title Policy and Buyer Arbitration and Title Policy available on the Platform and incorporated herein by reference. Customer agrees any dispute arising from the purchase or sale of a vehicle through BacklotCars’ Platform and Services shall be resolved by binding arbitration in accordance with the Buyer Arbitration and Title Policy and the Seller Arbitration and Title Policy with BacklotCars serving as the neutral arbitrator between Buyer and Seller. Customer agrees that with respect to such vehicle claims, BacklotCars’ decision as arbitrator will be final and binding on Customer as Customer’s sole remedy and no appeal may be taken.
  
  23. DISCLAIMER OF WARRANTIES:
  …
  Vehicle Condition. BacklotCars makes no warranty or representation as to the condition of any vehicle or any of its component parts sold through its Services. BacklotCars makes no warranty or representation and undertakes no duty to confirm the accuracy or completeness of any information provided in oral, written or image form to buyer regarding any vehicle for sale, including but not limited to, the vehicle’s inspection report.
  ...
  
  
  
  Buyer Arbitration Policy
  
  
  
  1.       Arbitration Program Eligibility. Except as provided herein, all vehicles sold on the BacklotCars’ Platform are sold “AS IS” without any representation or warranty, expressed or implied.  BacklotCars may perform a visual inspection of certain vehicle conditions for vehicles listed for sale on the Platform and generate an inspection or condition report noting its visual findings (“Inspection Report”). Buyer acknowledges that information provided to Buyer from Seller or BacklotCars, including the information provided on the vehicle details page, the Inspection Report, and photographs, are provided “AS IS” without any representation or warranty, expressed or implied for Buyer’s convenience and for informational purposes only and are not to be relied upon by Buyer.  Any information provided by Seller or BacklotCars regarding a vehicle shall not constitute a representation or warranty.  For a vehicle to be eligible for arbitration under this policy, the Buyer must select the “As Described Guarantee” and pay the nonrefundable fee to participate in the Arbitration Program.  If the “As Described Guarantee” is deselected by the Buyer or otherwise unavailable on a specific vehicle at the sole discretion of BacklotCars, the vehicle will be sold to the Buyer “AS IS” and “WITH ALL FAULTS,” and Buyer agrees to waive and release any and all claims against Seller and BacklotCars arising out of the sale of the vehicle. As set forth herein, the Arbitration Program allows a Buyer to submit an arbitration claim for certain covered undisclosed defects that were not disclosed by the Seller or BacklotCars with respect to a vehicle purchased on the Platform (“Arbitration Claim”).
  Arbitration Program Covered Undisclosed Defects.  As outlined below, covered undisclosed defects that are eligible for an Arbitration Claim differ based on the sale price of the vehicle.  In addition, items that are marked “Caution” on the Inspection Report will not be eligible for an Arbitration Claim for any reason. 
  The following defects, if not disclosed, are eligible for arbitration under the Arbitration Program in the case of vehicles sold for $6,000 or less (based on vehicle sale price only and not including the buy fee, transport or other additional fees or charges):
  Lower-end engine noise (must persist for more than five seconds after the engine is started).  Please note that Arbitration Program coverage does not include (i) fluid and/or oil leaks, (ii) rotary engines for any issues, (iii) upper engine noise, or (iv) cam phaser or timing-related issues;
  Head gasket leaks, but only for vehicles with gasoline-powered engines with no upper or lower end engine failures on inspection.  In addition, to be covered under the Arbitration Program, the vehicle must fail a hydrocarbon test or leak down test; alternatively, Arbitration Program compression loss coverage will extend to an engine deemed to have a reading less than 60% compression of factory threshold;
  Automatic transmission slipping or failing to shift.  Please note that Arbitration Program coverage does not include (i) hard shifts, hesitations, or whines, or (ii) low fluid condition;
  Transfer case failure; and
  Differential noise. Please note that this coverage does not include hub bearings.
  The following defects, if not disclosed, are eligible for arbitration under the Arbitration Program in the case of vehicles sold for more than $6,000 (based on vehicle sale price only and not including the buy fee, transport or other additional fees or charges):
  Lower-end engine noise.  Please note that Arbitration Program coverage does not include rotary engines for any issues;
  Upper-end engine noise (must persist for more than five seconds after the engine is started).  Cam phaser or timing-related issues are covered for vehicles with odometer readings of up to 125,000 miles; 
  Head gasket leaks, but only for vehicles with gasoline-powered engines with no upper or lower end engine failures on inspection.  In addition, to be covered under the Arbitration Program, the vehicle must fail hydrocarbon test or leak down test; alternatively, Arbitration Program compression loss coverage will extend to an engine deemed to have a reading less than 60% compression of factory threshold;
  Automatic transmission slipping or not shifting.  For vehicles in this sale price category with odometer readings of up to 125,000 miles, Arbitration Program coverage extends to hesitations and hard shifts;
  Transfer case failure;
  Differential noise. Please note that this coverage does not include hub bearings;
  Rear main seal leaks for vehicles eight (8) model years or newer with odometer readings of less than 80,000 miles (excludes seepage);
  Missing catalytic converters for vehicles eight (8) model years or newer with odometer readings of less than 80,000 miles;
  Altered suspension.  Please note that Arbitration Program coverage does not extend to vehicles with a factory-equipped air suspension;
  Major cosmetic damage;
  Prior paintwork, limited to substandard repairs only;
  Discrepancy of tire tread depth in excess of 2/32” (not including wear and tear);
  Arbitration Program coverage extends to compromised structural integrity due to collision or rust; however, Arbitration Program coverage does not extend to structural alterations,  including but not limited to, fifth wheel hitch, PDR holes, welded tow package, an altered suspension, aftermarket sunroof or bolt on parts;
  Power windows, power locks, power seats, sunroof, back-up camera and convertible roof are inoperable;
  Air conditioner fails to blow cold and heater fails to blow warm, not including actuators, blend doors or refrigerant leaks;
  Failure of navigation system and/or radio to turn on; however, Arbitration Program coverage does not extend to functionality of these features and does not extend to missing navigation data discs; and 
  Inaccurate description of basic vehicle attributes, including year, make, model, trim, powertrain, drivetrain, fuel type, leather, sunroof, third row and navigation.
  
  Buyer opened an arbitration for a vehicle and complained about rust.  Rust is not covered by the As Described Guarantee and the arbitration was properly denied. 

  Customer response

  08/31/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  This is not the car in question. I purchased a car from them and their inspector failed to mention that the car had been painted on 2 doors and 2 fenders. Backlot cars would not take the car back. I also purchased a truck from Backlot where the inspection showed it had catalytic converters and had emissions but when the truck got here it had no emissions on it. Back lot is not willing to stand behind their inspections. This company is a JOKE!
  Complaint: ********
  
  I am rejecting this response because:
  
  Regards,
  
  **** *******

  Business response

  09/05/2023

  Complainant states that our response was not to the vehicle he is complaining about. Please provide the VIN of each and every vehicle complained about and what the issue is with each vehicle so we can respond to each in turn.

  Customer response

  09/05/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  
  Complaint: ********
  
  I am rejecting this response because:
  
  Regards,
  
  **** *******

• Initial Complaint

  07/11/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Purchased car on 5/19/23. As of 7/10/23 no title has been provided. Business states title will be received within 45 days. It has been 53 days.

  Business response

  07/26/2023

  For context, BacklotCars ("BLC") provides a business-to business online marketplace and related services through which licensed automotive dealerships and approved commercial sellers may connect with other licensed automotive dealerships to buy, sell, or trade wholesale inventory on a local and national level ("Services"). BacklotCars is a service company that facilitates the sale of wholesale vehicles between licensed wholesale dealers or commercial sellers through its Platform and related Services. Unless specifically noted otherwise, BacklotCars does not take title to the vehicles listed on its Platform or Services. BacklotCars is neither a buyer nor a seller or supplier of the vehicles on the Platform or Services. Unless specifically listed as such, BacklotCars is not a party to the vehicle sale contract between the Seller and Buyer, but rather is a thirdparty beneficiary of the contract, entitled to the parties' performance and to seek legal remedies for the parties' breach. ***** ******* and his dealership Gator Auto Repair and Sales Inc. agreed to the Title Arbitration Policy included in the BLC's Terms and Conditions on April 9, 2023.  I have provided it below. Mr. ******* did not specify which vehicle the complaint was referencing, but there were two purchases on May 19th that notes indicate had a late title.  Mr. ******* did not open a title arbitration in violation of the Terms of Conditions.  That notwithstanding, BLC’s records indicate that both titles have been sent after a brief delay due to Mr. ******* being a new buyer and still under spending controls requiring an additional hold on the title to ensure clearance of the payment. BLC considers this matter resolved.

  
  BACKLOTCARS — BUYER TITLE POLICY 1. General. For the purpose of this policy, "marketable title" shall mean that the title is fully transferable in accordance with the requirements of the state in which it is titled as of the date of sale as determined by BacklotCars in its sole discretion. For specialty vehicles that need not be titled in the Seller's state, Buyer is solely responsible to confirm that the vehicle may be titled or registered in the Buyer's state. Buyer is solely responsible to confirm a vehicle titled in one state may be titled in another state in which Buyer 5 309188v1 intends to sell the vehicle. Unless otherwise designated, all vehicles are sold "Late Title" and Seller must provide marketable title to BacklotCars within forty-five (45) calendar days of the date of sale. If title is not provided within this timeframe, Buyer shall have the option to cancel the transaction as further described below. When listing a vehicle, the Seller may designate the vehicle as "Title in Hand"; however, the Seller must deliver the title to BacklotCars within seven (7) calendar days of the date of sale. If title is not provided within this timeframe, Buyer shall have the option to cancel the transaction as further described below. Buyer acknowledges that BacklotCars has assumed no responsibility to investigate title to any vehicle or to otherwise identify defects in a Seller's title or title documents and makes no warranty whatsoever regarding title or title documents. Buyer has five (5) calendar days from receipt of title or vehicle, whichever is later, to open a title arbitration claim for **** ***** ******** *********** *** ***** ************ ** *********** ***** ***** ********* ** **** ***** ********** ** ** *********** **** *** ******* ********** ***** ****** ***** *** ******** **** ** *** **** ** **** *** * ******* **** ** ***** ** **** ** ********** **** ******** **** ** *** **** ** **** *** * ******* **** ** **** ****** *** ***** ***** **** *** ******** ***** ** *** **** ********** **** ****** *** ******** **** **** *** **** ** *** ******** ** **** *********** ****** ** *** ****** ** ******** *** ***** *** *** ******* ** ***** ***** ******** ** ** ***** ** ******** ****** * ****** ** ***** *** ******** ***** *** **** ***** ****** **** ** ********* ******* *** ********* ********** ******* ** *** *********** ********* **** ******* ** * **** ***** ******* *********** **** ******* *** ****** ** **** *** ****** ***** ** *** ****** *** ******* *** ******** ** ***** ********** ***** **** ** ******** ** *********** **** ***** ***** *********** *** ******** ** *** **** ***** ****** ** ******** ** *********** ****** **** **** ******** ***** ** * ********* *** **** ***** ******** **** ** *** ********* ******* ** **** **** ******** ****** ** * ***** ******** * *********** ****** *** ********** **** **** **** *** **** ** *** ********** ** ******* ****** ** *** ***** *** ******** *** ***** *** *** ******* *** ****** *** *********** ***** ********** *** **** ***** ****** ** *********** *** *** ********** ******* **** ** **** ** *** ********* ********** ** ********** * ********** ***** *** *** ******** ** *********** ** *** **** ***** ********* *** ***** *** *** ******* *** ******** **** ***** ******* *** **** ***** ** ** ********** ** *** ********** ******** ***** *** ******* ********* *** ****** ** *** **** ********* ** ** *** ***** *** *** ********* *** ********** ****** ** ***** *** ******** *** ***** *** *** ******* ** ********* ****** ** ******* ** *** ***** ***** ******** ** *** ***** ** ***** ********* *** ****** ** ******** *** ***** *** ****** *** ************ *********** ***** **** ** **** ** ******* *** *********** ** ***** ** *** ***** *** *********** ***** **** ** **** ** *** ******* ********* ******** ** *** ***** *********** *** ******* **** ****** *** *** ******** ****** **** ******** ********* *********** *** ********** ***** **** ****** ** ************ ** ******* ** **** ************ ** * ***** ****** **** *** ***** **** ** ************* **** **** *** ********** ***** *********** ********* **** *** **** ******** ** *************** ** ***** ** ***** ***** ************* *** ************** **** ***** ********* ***** **** ****** ********** ************* ************ ** *********** *** *** **** ************ *** ******** ******** *** ** * * ******** ********* ***** *********** **** ****** * ****** ** ***** *** **** *** ******* ********* *** ***** *** **** **** *** ******* *** ** *** ******* *********** ****** ******** *** ******* *********** ** *** *********** *** *** ***** ******** ** ***** ** *** ********** ********** ********* *** *** ******* ** ****** ***** *** **** ******** ** *** ***** ***** ****** ** ******** ** *** ******* ** *** ***** *** ******** **** ********* *** **** ** *** ******** ****** *** *** ******** ********** ***** *********** ** ******* *** ******* ** **** **** * ***** ** **** ** **** ***** ************* ***** **** ***** ******* *** ** *** ********** * ****** *** **** ** *** ******* ** ********** **** *** ********* ******* **** ** ********* ******* ********* *** ********** ******** ********* ************** ***** ** ** ****** ******* ** *** ** *** ******* ******** ******* ** *** ****** ********** ** *** ******** **** ***** ******** *** ***** **** *********** *** *** *** ******* *** *** ****** ***** ******* *** ******** ** ***** ** ********* *** ***** ***** ***** ** ********* *** **** **** ** *********** *** *** ****** ******** ******* *** ****** ** ****** ******* *** ** ******** ******* ** ******* * *****

• Initial Complaint

  06/02/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  We have a couple issues here so with the most pressing one. They took money out of my account on a vehicle that hasn't arrived but then came and repo for a truck I've had for a few weeks. So j need the truck they took off my lot they never once told me we will come and to tak this truck in the middle of the night

  Business response

  06/28/2023

  ****** ***** on behalf of his dealership ***** Bros Motors accepted payment terms of the Backlotcars ("BLC") Terms and Conditions on April 20, 2023 that read "Buyer's obligation to remit payment for all transactions on the Platform shall become immediately due and owing upon Seller's acceptance of Buyer's offer."..  The vehicle at the subject of this complaint was purchased on May 3rd and was to be floored on Mr. ***** floorplan.  The floorplan company rejected BLC's attempts to put the vehicle on their floorplan on May 13th.   BLC moved the customer into a delinquent status which prompted Mr. ***** to instruct the BLC team to withdraw the funds owed via ACH on May 30th.  That ACH bounced on June 1st. Mr. ***** did not submit payment to cover the NSF or the balance for the vehicle.  Pursuant to Section 12 of the T&Cs Mr. ***** agreed to (indicated below), BLC  ordered the vehicle to be repossessed.  
  
  
  Payment Default. Upon a payment default, BacklotCars may at its option and without demand or notice
  of any kind: (a) electronically debit Buyer's bank account or floor plan account in accordance with the
  default payment method selected by Customer or another account made available to BacklotCars; (b)
  withhold title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) assess
  a late fee every seventy-two (72) hours after the Payment Due Date until BacklotCars receives the Total
  Payment Amount; (e) charge interest on any past due amounts at the rate of one and one half (1.5%) percent
  per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; (f) exercise
  the rights and remedies of a secured party under the Uniform Commercial Code as enacted by State of
  Missouri, as modified or amended from time to time, and/or (g) pursue any other remedy or relief permitted
  by law. If BacklotCars accepts payment from Buyer by ACH electronic transfer, Buyer authorizes
  BacklotCars to initiate debit entries to its account at the financial institution designated on Buyer's ACH
  form. The ACH authorization will remain in force until we have received written notice from you of its
  termination. BacklotCars reserves the right to decline payment by ACH at any time and for any reason.
  Any payment that is withdrawn, held, or canceled by Buyer or its bank, rejected or returned for nonsufficient
  funds ("NSF"), rejected due to no account or incorrect account information, or any other reason
  ("Rejected Payment"), must be settled and replaced immediately. A Rejected Payment will be subject to
  late fees and/or a service charge up to the maximum amount allowed by law and shall be immediately due
  and payable. BacklotCars will not be liable for any incidental or consequential damages resulting from any
  transaction we initiate pursuant to the section. If any amount due and owing by Customer to BacklotCars
  is placed in the hands of an attorney for collection, by suit or otherwise, or action is taken to enforce,
  protect, or foreclose upon a security interest granted under these Terms and Conditions, Customer agrees
  to pay all costs of collection and enforcement, including attorneys' fees, expenses, and costs incurred by
  BacklotCars, whether or not litigation should be commenced, as well as any attorneys' fees, costs, and
  expenses incurred in any bankruptcy proceedings (including efforts to modify or vacate any automatic stay
  or injunction) and appeals.  
  
  
  BLC acted within the terms as stated above and considers this matter resolved. 

  Customer response

  06/29/2023

   I under stand what backlogs is trying to say but I was never notified and in Idaho i need to be notified then I have 10 days witch I attached below what they did deserves legal action, and I think that's the route I'll be taking because they gave me warning or indications they were repoing and they just took money out of my account for a truck that wasn't even on my lot yet. Also they arbitrated  pick up they sold me and was never given the money for it so I fixed it out of pocket while giving a two week warranty they had a guy come out to confirm the truck needed fix then never sent me the money for the fix witch I had to do in house because the money that they quoted was not even close to the amount it was going to cost  so back to the complaint at hand if the truck was gonna be repoed and why would they have me pay for one truck and not put that towards the vehicle that is about to be repoed so again they need to bring the truck back and allow me to sell it follow the rules of the law or Ill forward this to my attorney and he can counter suit for many violations here them repoing that truck was very embarrassing to a new business owner and has left me very uneasy. So they need to bring my truck back have me served with a repo order and give me 10 days like the law says [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  
  ********** ******** * ** ********* **** ******** ******** ******** ****** *****

• Initial Complaint

  06/01/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  PURCHASED 2017 MERCEDES BENZ FROM BACKLOT AUCTIONS. THE VEHICLE IS FLOODED AND REFUSED TO TAKE THE VEHICLE BACK.

  Business response

  06/28/2023

  For context, BacklotCars ("BLC") provides a business-to business online marketplace and related services through which licensed automotive dealerships and approved commercial sellers may connect with other licensed automotive dealerships to buy, sell, or trade wholesale inventory on a local and national level ("Services"). BLC is a service company that facilitates the sale of transportation-related goods, such as automobiles, motorcycles, and recreational vehicles on consignment between licensed wholesale automotive sellers or approved commercial sellers and licensed wholesale automotive buyers through its marketplace.  **** ****** and his dealership Elite Imports agreed to the Arbitration Policy included in the BLC's Terms and Conditions on October 1, 2022.  Elite Imports purchased the vehicle at issue on May 25, 2023 and submitted it for arbitration on May 30th.  Elite Imports was unable to prove the vehicle had flood damage.  On the contrary, the photos provided by Elite Imports appeared to show that a window may have been left rolled down in the rain and the dirt present was more indicative of time spent on dirt roads and/or driveways.  Our arbitration specialist determined that the damage done to the vehicle did not amount to the damage a car would have sustained if it had been flooded.   Mr. ****** escalated the claim to a manager and despite Mr. Khalil's aggressive language to BLC staff and the claims ineligibility for any compensation according to the policy, BLC provided $1000 in goodwill.   BLC considers this matter resolved. 

• Initial Complaint

  02/21/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Dear BacklotCars Customer Service Team, I am writing to request that BacklotCars buy back *****************  2014 Ford Mustang order # ******* purchased on 02/01/2023 which our dealerwship purchased from your platform. Unfortunately, after taking the car to a ****** **** and further investigation, we have discovered that it has the incorrect engine 5.4L verses the correct engine being 5.8L that it suppose to have and does not have catalytic converters, which is illigal to sell per EPA. Vehicle was advertised having a 5.8L and having catalytic converters. These issues were not disclosed to us at the time of purchase, and as a result, I am now left with a car that is not up to the standards that we expected. I understand that mistakes can happen, but WE STRONGLEY feel that this situation warrants a buyback. The car is not in the condition that was represented to us at the time of purchase, and I believe it is the responsibility of BacklotCars to rectify this situation. I would like to request that BacklotCars take the necessary steps to buy back the car. I believe that this is a fair solution to this situation, and it will allow BacklotCars to take responsibility for the incorrect representation of the car's condition. I look forward to hearing back from you on this matter and hope that we can resolve this situation quickly and amicably. Sincerely, *** ******** ************ ********** ***** ****** * *** 

  Business response

  02/27/2023

  we have reached a resolution.
  Thanks
  

  Business response

  03/20/2023

  According to Backlotcars records, this matter is closed. ***** **** ***** purchased a vehicle without
  arbitration coverage and then upon receiving the vehicle attempted to arbitrate. His initial claim was
  denied based on these grounds. After management reviewed the circumstances of the specific
  vehicle, it warranted further consideration even though the he had waived all coverage and purchased
  the vehicle As-Is. Backlotcars was able to partner with the customer and find a goodwill solution that
  satisfied the customer's concerns.
  To provide further context, BacklotCars provides the following information however
  respectfully requests the following information not be publicly posted:
  The at-issue purchase was governed by the BacklotCars Terms of Use and the BacklotCars Buyer
  Arbitration Policy.
  The governing BacklotCars Terms of Use states, in part, as follows:
  “9. Buyer’s Obligations:
  a. Duty to Investigate Vehicle’s Condition: Prior to purchase, Buyer agrees to undertake a duty
  to investigate and confirm a vehicle’s title, vehicle history, and condition prior to purchase.
  Buyer agrees not to rely on information about a vehicle provided by Seller or BacklotCars,
  which is provided for informational purposes only such as the Inspection Report, photos, and
  information provided on the vehicle details page. Upon receiving a vehicle, Buyer agrees to
  investigate and confirm the vehicle’s title, vehicle history, and condition within the time
  provided by the Buyer Arbitration Policy and report any issue to BacklotCars within the allowed
  timeframe. ...
  15. Vehicle Sales Dispute Resolution-Binding Arbitration:
  Customer agrees and acknowledges that it has read and agrees to be bound by the
  BacklotCars’ Seller Arbitration and Title Policy and Buyer Arbitration and Title Policy available
  on the Platform and incorporated herein by reference. Customer agrees any dispute arising
  from the purchase or sale of a vehicle through BacklotCars’ Platform and Services shall be
  resolved by binding arbitration in accordance with the Buyer Arbitration and Title Policy and
  the Seller Arbitration and Title Policy with BacklotCars serving as the neutral arbitrator between
  Buyer and Seller. Customer agrees that with respect to such vehicle claims, BacklotCars’
  decision as arbitrator will be final and binding on Customer as Customer’s sole remedy and
  no appeal may be taken. ..
  23. Disclaimer of Warranties: ...
  Vehicle Condition. BacklotCars makes no warranty or representation as to the condition of any
  vehicle or any of its component parts sold through its Services. BacklotCars makes no
  warranty or representation and undertakes no duty to confirm the accuracy or completeness
  of any information provided in oral, written or image form to buyer regarding any vehicle for
  sale, including but not limited to, the vehicle’s inspection report. ...
  The governing BacklotCars Buyer Arbitration Policy states, in part, as follows:
  “1. General.
  Pursuant to Section 15 of BacklotCars, Inc.’s (“BacklotCars”) Terms and Conditions (the
  “T&Cs”), Buyer and Seller (as defined in the T&Cs) agreed to submit any dispute arising out
  of the sale of any vehicle through the BacklotCars’ marketplace (the “Platform”) to binding
  arbitration with BacklotCars serving as a neutral arbitrator as Buyer’s sole remedy (“Arbitration
  Program”). This policy sets forth the rights and obligations of Buyers on the Platform.
  2. Arbitration Program Eligibility.
  Except as provided herein, all vehicles sold on the BacklotCars’ Platform are sold “AS
  IS” without any representation or warranty, expressed or implied. BacklotCars may
  perform a visual inspection of certain vehicle conditions for vehicles listed for sale on the
  Platform and generate an inspection or condition report noting its visual findings
  (“Inspection Report”). Buyer acknowledges that information provided to Buyer from Seller or
  BacklotCars, including the information provided on the vehicle details page, the Inspection
  Report, and photographs, are provided “AS IS” without any representation or warranty,
  expressed or implied for Buyer’s convenience and for informational purposes only and are not
  to be relied upon by Buyer. Any information provided by Seller or BacklotCars regarding a
  vehicle shall not constitute a representation or warranty...As set forth herein, the Arbitration
  Program allows a Buyer to submit an arbitration claim for certain covered undisclosed defects
  that were not disclosed by the Seller or BacklotCars with respect to a vehicle purchased on
  the Platform (“Arbitration Claim”). ...
  4. Arbitration Program Covered Undisclosed Defects ....
  b. The following defects, if not disclosed, are eligible for arbitration under the
  Arbitration Program in the case of vehicles sold for more than $6,000 (based on vehicle sale
  price only and not including the buy fee, transport or other additional fees or charges): ...
  x. Major cosmetic damage; ...
  5. Items Not Covered by Arbitration Program.
  The following items are not eligible for arbitration under the Arbitration Program:
  a. Wearable items, regardless of repair or replacement cost. For purposes of the
  Arbitration Program, wearable items include, but are not limited to, tires, wipers, brake
  pads, shoes, rotors, belts, lines and hoses, seals and gaskets, lubricants/fluids, spark
  plugs & wires, ignition coils, timing belts, bulbs, filters, shocks and struts, suspension,
  and exhaust; ...
  6. Arbitration Program Process.
  Only one Arbitration Claim is permitted per vehicle transaction (not including title-related
  matters). Buyer shall submit an Arbitration Claim in writing via the “Vehicles Purchased” tab in
  the Platform...As further described under Section 8, BacklotCars in its sole and absolute
  discretion will determine whether an Arbitration Claim is valid and, if so, the appropriate
  remedy. Upon resolution, including denial, of the Arbitration Claim, Buyer is deemed to
  release and waive Seller and BacklotCars from all claims and demands arising out of or
  related to the vehicle purchased through the Platform. ...
  8. Resolution of Non-Title Arbitrations.
  Arbitration Claims, at the sole discretion of BacklotCars, are resolved in one of the
  following manners:
  a. Price Adjustment...
  b. Sale Cancellation...
  c. No Remedy. If the Arbitration Claim is denied, there will be no remedy
  awarded. ...
  10. Disclaimer.
  ...All used vehicles generally have flaws and may require repairs. The Arbitration
  Program is intended to provide a remedy to Buyers in limited circumstances in which a
  vehicle has undisclosed defects or missing items that are covered by the Arbitration
  Program. Buyers remain responsible for investigating each vehicle subject to sale through the
  Platform thoroughly prior to making a purchase. Buyer should carefully review all disclosed
  information including but not limited to photos, Inspection Report, notes, audio, video, and
  vehicle history information.
  If you have any further questions, please do not hesitate to contact me at ************ or via email at
  ***************************
  Regards,
  ***** *******

• Initial Complaint

  02/20/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Greetings, my name is ****, and I am the owner of ****** **** I bought a 2012 BMW X5 from Backlot, and the car was described as a good-condition car with no mechanical problems. After being purchased, the vehicle was inspected by our technicians with the object of certifying and putting it up for sale. The technicians determined that the engine was damaged, it had various parts in poor condition and was adjusted to operate for a few days. On the Backlot website, the vehicle was published in perfect mechanical condition. The engine is damaged, the turbos are damaged, and various parts of the engine were damaged and malfunctioning. The publication on the Backlot website did not disclose such damages. The purchase of this vehicle was made and paid in the amount of $9000 and the engine repair is estimated to cost around $12000 with new twin turbos, this is not fair I called Backlot and got the worst attitude about the situation they didn't seem to care and they just said keep calling me but that nothing would be solved. Again, the vehicle description indicated that the engine was in perfect condition. It is important to note that the Backlot company only sells online vehicles that cannot be inspected, they abuse people's credibility. The vehicle is worth $9,000 with the engine running, but now it's worth noting since the engine alone costs $12,000 to replace. I need a resolution to this situation.

  Business response

  03/06/2023

  BacklotCars, Inc. (“BLC”) is in receipt of a copy of the above referenced complaint dated February 20, 2023. All customers of BLC agree to and are bound by the Buyer Arbitration Policy, as detailed in our
  Terms & Conditions. *** ******* submitted an arbitration claim on February 17, 2023 related to his purchase of the vehicle  at issue in his complaint. The arbitration was denied due to being submitted outside of the time frame specified in BLC’s arbitration policy, which specifies the window of eligibility from the time of purchase for a claim to be considered. *** ******* reached out to BLC again on February 20, 2023 was offered an adjustment against the purchase price, which he accepted.  According to BLC’s records, this matter is closed.

• Initial Complaint

  02/18/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I purchased a vehicle from backlot on February 3, 2023 and was promised to receive car by February 10, 2023 and it never arrived. We’re asking for our money back and they are denying and saying no all while knowing we have not received the car? This is a crime and we need your help

  Business response

  03/06/2023

  BacklotCars, Inc. (“BLC”) is in receipt of a copy of the above referenced complaint dated February 20,  2023. All customers of BLC agree to and are bound by the Buyer Arbitration Policy, as detailed in our Terms & Conditions. *** ******** has already taken delivery for the vehicle at issue in this complaint. Additionally, *** ******** has submitted an arbitration claim for the vehicle at issue that is still in the process of being reviewed. Diagnostics were requested of *** ******** and, to date, he has not provided them.According to BLC’s records, this matter is still ongoing and *** ******** has been in communications with our arbitration department as recent as a few days ago.
  Regards,
  

• Initial Complaint

  01/03/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We purchased a 2018 ***** ***************** from Backlot Cars On 12/08 and received it on 12/09 We arbitrated the Car for many issues This car has major issues #1 the car has modified exhaust both rear mufflers have been removed and replaced by straight pipes #2 the windshield is badly sand blasted #3 undisclosed bumper damage the front bumper is torn and damaged across the whole bottom #4 the hood has undisclosed scratches down to the metal #5 the right ¼ panel has undisclosed scratch #6 interior damage to the rear of the center console #7 interior damage to the rear upholstery left rear by rear wind deflector Your response is completely inadequate To say the modified exhaust with missing rear mufflers is the same of wear and tear is ridiculous To say that an severely damaged windshield is ok under a green check mark for a windshield is wrong etc We have now had this car for 10 days and need some resolution

  Customer response

  01/03/2023

  BacklotCars, Inc
  1100 Main Street, Suite 1500
  Kansas City, MO 64105
  **************
  ***********************

  Business response

  01/17/2023

  BACKLOT CARS
  January 10, 2023
  BBB of Greater Kansas City Attn: ****** ******
  1000 W. 46th Street
  Kansas City, MO 64112
  RE: BBB Complaint by ******* *****; Complaint ID# ********
  According to BacklotCars records, this is a closed matter as all items in *** ******* complaint are non- covered items under the BacklotCars Buyer Arbitration Policy.
  To provide further context, BacklotCars provides the following information however respectfully requests the following information not be publicly posted:
  *** ******** ******** *** ******** ** *** *********** ***** ** *** *** *** *********** ***** *********** ******* *** ********* *********** ***** ** *** ******* ** ***** ** ******** *** ******* ************ ***** ** **** ** *********** ********* ********** ***** ** ********* ***** ****** ** ********* * **** ** *********** *** ******* * ********* ****** ******* ******** *** ********* ***** ** ********* ***** ****** *** ** **** ** *********** ***** * ******* ******** ** ****** ** ************ ***** ** ******** *** ************* ******** **** **** ** *** ********** ******* ******* *** *********** ******** ** *** ******* ******* ***** **** ********* * ******** ***** ****** ** *********** *** ******* * ********* ****** ******* ******** *** ********* ****** *** **** ******** ** *** ***** *********** ****** *** ****** *** ***** ** *********** ****** *** ******* ************* *** ******* ***** ******* ****************** ************ ******** ****** *** ************ **** ** *** **** *** ****** 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******* * ****** ** ****** ** ******* ************* ** ***** * ******* *** *********** ******* ** ******* ***** **** *** ******* ** *** *********** ******** ****** ****** *********** *** ************* **** ******* ******* ** **** ******* *** ******** ********** ***** ** ****** * ********* ***** ****** ********* ****** *** ********* *********** ********* *** *** ******* ** ******* ********** ******* ****** ****** ****** *** ******* ******* ************ ********* ******* *** ****** ******* *** *********** ********* *** **** ************* ***** ** ******** ** ***** ** ******** *** ***** *** ***** ****** ** *********** ***** ******** ***** ******** ******** ********** **************** ******* ******** ********** ***** ***** *** *********** *********** **** *** **** ** ***** *** ***** ** ******** *** ** *** **** ** **** ************ ***** **** **** *** ********** ****** *** *********** *********** **** ******** *** ********** ********* *** **** ******* *** ********* ****** ****** **** *** ****** *** *********** ***** *** ************ ****** *** ** *** ****** ****** ***** *********** ****** ** ******* ************ ** *** ******* ****** ** *** ********** ** *********** ***** ** *********** ***** ** *********** **** ********** ****** ****** **** ******** ** *********** **** ******* **** *** **** *** * **** ********* ** *********** **** ******* **** *** **** *** * **** ********* ** *********** **** ********** ****** ****** **** ******** *** ** *********** **** ********** ****** ****** **** ******** ************ **** **** **** ****** ****** ****** ***** ** ****** ***** ******** ***************
  BACKLOT
  CARS
  Regards,
  ***** ******* Paralegal
  BacklotCars, Inc.
  
  

  Customer response

  01/17/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  Complaint: ********
  I am rejecting this response because: their rejection is complete non sensewe purchased this car with an as described guaranteed. They provided a full condition report on this vehicle- see attached It arrived to us in a condition that is not sellable  as it is missing the rear exhaust system  - Not disclosed 

  Has a broken front bumper - Not Disclosed

  Has deep scratches on Hood and right 1/4 panel Not Disclosed 
  Regards,
  ******* *****

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩