Title Policy | ACV Auctions

We’re updating our Titles Policy as of June 18, 2025.
Here’s what’s new:

Titles now only need to be negotiable in the seller’s state to be transferable (except in instances of salvage/encumbrance as outlined under NAAA). ACV will facilitate any modifications to ensure transferability in the buyer’s state at no cost to you.
Clearer process for Late Title Unwinds – buyers must have possession & control, and submit required evidence within 48 hrs.
MSOs/MCOs now permitted if disclosed up front.
Sellers must send a title manifest and keep vehicles in inspected condition before pickup.
Additional clarity around sales on repo documents and California toll/title fee disclosures.
To see a copy of our terms in effect prior to June 18, 2025, click here.

Questions? Contact your Sales Rep or email service@acvauctions.com with any questions.

1. General Terms.

Capitalized terms used, but not defined in this Title Policy have the meanings ascribed to them in the ACV Terms of Service (available here: https://www.acvauctions.com/legal/terms-of-service).
ACV Auctions Inc. (“ACV”) provides support to the Buyer and Seller related to the transfer or other movement of vehicle titles from the Seller to the Buyer. ACV strives to be transparent and fair to both the Buyer and Seller. ACV will assist in the resolution of title issues in the manner set forth in this Title Policy. In the event of any conflict between this Title Policy and Federal, State, and Local laws, such laws shall supersede this Title Policy where applicable.
Notwithstanding the support role ACV provides related to the titles transferred from the Seller to the Buyer, ACV is not the Seller or the Buyer of the vehicle and cannot be listed as such on the title or any assignment documentation related thereto. ACV’s role is to facilitate the movement of the title from the Seller to the Buyer in conjunction with the overall sale of the vehicle. ACV cannot provide a title without receiving it from the Seller. ACV makes no warranty with regard to vehicle titles and shall not be liable for any damages associated with the Seller’s failure to provide the title or any documents necessary to support the negotiability of the title.

2. Title Processing Procedures

Prior to listing the vehicle for sale through ACV, the seller is required to identify which of the following title options applies to each vehicle they are selling:

i. “Title with Deal” - Seller represents that for any vehicle listed as Title with Deal, Seller has the original title documentation for the vehicle in its possession at the time of the sale and is able to send such title documentation to ACV promptly upon completion of the sale.
ii. “Title Absent” – Seller represents that for any vehicle listed as Title Absent, Seller does not currently have the original title documentation in its possession, and it is necessary for the Seller to obtain the title.
When a vehicle is sold through the ACV Platform, the Seller will receive an express shipping label for shipping the title paperwork.
If the vehicle was sold Title with Deal, the Seller must send the title documentation meeting the specifications set forth in this Title Policy to ACV by the TWD Deadline (as defined in Section 3(d) below), and if it was sold Title Absent, the title documentation must be sent to ACV by the TA Deadline (as defined in Section 3(d) below).
If it has not already done so, each of Seller and Buyer agrees to provide a signed Power of Attorney giving ACV the right, among other things, to complete and sign the title transfer endorsements or other documentation on such party’s behalf as ACV reasonably deems necessary or helpful to transfer ownership of any vehicle sold or purchased, as the case may be, through the ACV Platform.
If there are any issues with the title that ACV is not permitted to revise under an existing Power of Attorney from the Seller, the title will be returned to the Seller for correction, and the Seller will correct such issues within a reasonable timeframe, not to exceed the applicable state’s typical processing timeframe.
Once ACV receives the Negotiable Title (as defined in Section 3(a) below) from the Seller, ACV will send payment to the Seller for the applicable vehicle.
Once ACV has received the Negotiable Title from the Seller and payment from the Buyer, ACV will send the Negotiable Title to the Buyer on behalf of Seller.
If ACV has not received the applicable Negotiable Title by the Title Receipt Date (as defined in Section 3(d) below) and receives a Late Title Notice (as defined in Section 4(a) below) from a Buyer, the Seller has until the Final Deadline (as set forth at the end of this Title Policy) to deliver the title to ACV at the address specified in the express shipping label in order to avoid the cancellation of the transaction. Note that the Final Deadline may be extended by ACV, in ACV’s sole discretion, to account for holidays, inclement weather, or an event of force majeure (e.g. an act of the government, war conditions, strikes, fire, flood, pandemics, act of God or any other event beyond the reasonable control of the parties) that affects ACV’s ability to open for business and/or the express shipper’s ability to pick up and/or deliver titles. Any extension to the Final Deadline will be communicated by ACV to the Buyer as soon as reasonably practicable. Also, Saturdays, Sundays, and the U.S. holidays for New Year’s Day, Memorial Day, 4^th of July, Labor Day, Thanksgiving, and Christmas do not count when calculating the Final Deadline.
If Seller has not produced Negotiable Title, regardless of whether the vehicle is sold Title with Deal or Title Absent, within ninety (90) calendar days after the sale of the vehicle, and Buyer has not cancelled the transaction pursuant to Section 4 below and released the vehicle within such timeframe, ACV will have no obligation to pursue receipt of the title from the Seller, ACV may deem the sale final, and ACV shall have no liability to Buyer related thereto.

3. Seller’s Obligations related to Titles. Seller must comply with each of the obligations and agrees with each of the commitments and remedies set forth below.

Seller will ensure that each of the following is true with regard to the title. Titles meeting the criteria in this Section 3(a) will be referred to herein as “Negotiable Title”:

i. The title is an original certificate (not a copy) that is transferable in the state in which Seller is licensed to do business as a motor vehicle dealer, except as otherwise set forth in Sections 3(e) or 5 of this Title Policy.

ii. The title is properly executed, clear of all liens and encumbrances.

iii. The title is accompanied by all documents necessary to register the vehicle in the Buyer’s state.

iv. The VIN is correct.

v. Vehicle mileage listed on the front of the title is accurate.

vi. If there was a lien on the title, the required signature releasing the lien is on or included with the title, along with the original lien release.

vii. The last owner listed on the title is the Seller’s company or the title is accompanied by a properly executed assignment form from the most recent owner named on the title.

viii. All assignments are accurate, included, and reflect each applicable seller and buyer without gaps between owners.

ix. If the Seller is selling a vehicle received from a consumer, and the Seller is therefore signing the title on behalf of the consumer, the Seller will include a Power of Attorney signed by the consumer that authorizes the Seller to do so.

x. All paperwork requesting a notary signature has been notarized in all applicable places.

xi. The title is accompanied by the vehicle title manifest.

xii. If the title is a duplicate title, Seller had the right to obtain, and did validly obtain, a duplicate title.
Seller has signed and provided to ACV a Power of Attorney granting ACV the right to complete the title as necessary to complete the sale, including but not limited to the right to sign the title on behalf of Seller.
Seller will ensure that the title is reassigned directly to the Buyer. ACV is not the buyer of the vehicle and shall not be named on the title to the vehicle, and therefore any title listing ACV as the buyer will be returned to the Seller to be corrected.
For any vehicle being sold Title with Deal, Seller is required to deliver the Negotiable Title to ACV within seven (7) calendar days from the sale of the vehicle (“TWD Deadline”). For any vehicle being sold with the Title Absent, Seller is required to deliver the Negotiable Title to ACV within thirty (30) calendar days (unless a different period is required by an applicable state’s rules) from the sale of the vehicle (“TA Deadline”). In each case the sale day is counted as day 1. The TWD Deadline and the TA Deadline together are referred to in this Title Policy as the “Title Receipt Deadlines” and do not vary in the event a holiday is included within the given timeframe.
Seller must disclose in the vehicle condition report any instance in which it will not be providing a title from a state in the U.S. for the vehicle including but not limited to the circumstances listed below.
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i. If Seller is in a state that does not issue titles for vehicles past a certain age, and therefore cannot produce a title for a given vehicle that is past such age.

ii. If a vehicle was Previously Canadian or a grey market vehicle (see Section 3(g) below).

iii. The title is a rebuilt, salvage, total loss, or junk branded title.

iv. If Seller is proposing to use permitted Transfer Documents (as defined in Section 5) other than a U.S. title.
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Seller shall ensure that the vehicle and the title provided has a valid odometer reading that is no more than 150 miles over the odometer reading at the time of the inspection provided with the listing of the vehicle for sale on the ACV Platform, including in the event of an ACV Live Appraisal.
If Seller wishes to sell a vehicle that was previously a Canadian or grey market vehicle, Seller must follow the requirements set forth in Section VI. of the NAAA Arbitration Policy (entitled Previous Canadian and/or Grey Market Vehicles); a current copy of such policy can be found at: https://www.naaa.com/Policy/Policy_PDFs/NAAA_Arbitration_Policy_6_1_25_FINAL.pdf.
The following non-exclusive remedies will apply if Seller fails to comply with its obligations in this Title Policy.

i. If an original title is not delivered within the timeframes specified in this Section 3, or if the title received does not meet the requirements set forth in this Section 3 and needs to be revised or replaced with a duplicate title, ACV has the right to charge Seller a fee and/or require reimbursement by Seller to ACV of amounts paid to third parties to cover the costs associated with such efforts.

ii. In the event a transaction is cancelled in accordance with this Title Policy:

1. Seller will have the obligation to transport the vehicle back to Seller’s lot within a reasonable time, and in any event no later than seven (7) calendar days, after the transaction is canceled at Seller’s expense. If Sellers fails to transport the vehicle back to Seller’s lot ACV may arrange for transport of the vehicle to Seller’s lot at Seller’s expense.

2. Seller will be responsible for refunding Buyer’s initial vehicle transportation expenses, any amounts paid by ACV to Seller related to the relevant transaction, and any other fees, costs, and losses incurred by ACV.
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iii. If Seller fails to make any of the disclosures required in Section 3(e) or more than 150 miles have been added to the odometer since the inspection while in Seller’s possession, then, subject to the terms of Section 4 below, Buyer shall be entitled to cancel the transaction within ninety (90) days from the sale date. Buyer shall have no right to cancel the transaction beyond ninety (90) days after the sale date and, ACV may deem such sale final.
For vehicles sold in states that attach tolls, citations, or similar fees to a VIN, if such fees are charged to ACV or the Buyer after the sale of the vehicle through the ACV Platform, Seller remains fully responsible for the payment of such amounts.
If despite Seller’s compliance with the requirements under this Section 3:

i. ACV is unable to transfer title to the Buyer in a manner that satisfies the title requirements in the Buyer’s state, then ACV has the right to charge Seller a fee and/or require reimbursement by Seller to ACV of amounts paid to third parties for costs associated with providing satisfactory marketable title to the Buyer; or

ii. If the Buyer’s state rejects the title based on a determination of a salvage title, then ACV may cancel the sale or help facilitate a resolution between the Seller and the Buyer.

4. Buyer’s Rights and Obligations Related to Titles. Buyer agrees to the following rights and obligations.

If ACV does not receive Negotiable Title at least two (2) calendar days before the applicable Title Receipt Deadline, the Buyer shall have the one-time right between such time and before ninety (90) days from the sale of the vehicle to give ACV notice in accordance with this Title Policy of its intent to withdraw its offer for the vehicle (“Late Title Notice”). If the Buyer provides a timely Late Title Notice to ACV, Buyer may withdraw its offer for the vehicle and cancel the transaction if and only if each of the following criteria are met:

i. Negotiable Title is not received by ACV by the Final Deadline,
ii. Buyer has paid for the vehicle,
iii. Buyer has control over and/or is in possession of the vehicle,
iv. Buyer has not otherwise revoked its Late Title Notice,
v. the vehicle is in the same or substantially similar condition as when it was delivered to Buyer, and no repairs or modifications have been made to the vehicle after delivery to the Buyer,
vi. the vehicle odometer reading has not increased by 300 or more miles since the inspection date of the vehicle,
vii. Buyer has provided clear photos sufficient for ACV to verify current condition (approximately six (6) to (8) photos),
viii. Buyer has provided a current video (timestamped) of the vehicle VIN and odometer mileage.
ix. Buyer has provided a clear photo of the VIN plate,
x. Buyer has provided a clear photo of the current odometer reading, and
xi. Buyer has expressed an intent to unwind the deal should their request be approved.
For clarity and without limiting any of the foregoing, Buyer may not withdraw its offer for the vehicle, and said offer will be considered final and binding upon Buyer, if:

i. Negotiable Title is received by ACV by the Final Deadline,
ii. Buyer has not paid for the vehicle,
iii. Buyer is not in control and/or possession of the vehicle,
iv. Buyer revoked its Late Title Notice,
v. the vehicle is not in the same or substantially similar condition as when it was delivered to Buyer, or repairs or modifications have been made to the vehicle after delivery to Buyer,
vi. the vehicle odometer reading has increased by 300 or more miles since the inspection date of the vehicle,
vii. Buyer has not provided clear photos sufficient for ACV to verify current condition (approximately six (6) to (8) photos),
viii. Buyer has not provided a current video (timestamped) of the vehicle VIN and odometer mileage.
ix. Buyer has not provided a clear photo of the VIN plate, or
x. Buyer has not provided a clear photo of the current odometer reading.
Late Title Notices must be provided through Buyer’s MyACV account on the ACV Platform. When a Late Title Notice is received by ACV, a member of the ACV Titles Team will contact the Seller to make them aware of the notice and specify the applicable Final Deadline. If no title is received by ACV by the Final Deadline, Buyer may exercise its cancellation right by notifying ACV promptly after the Final Deadline, but in no event later than ninety (90) days from the sale of the vehicle. If Buyer exercises its option to cancel the transaction in accordance with this Title Policy, ACV shall have no obligation to pursue receipt of the title from the Seller.
If Buyer has submitted a valid Late Title Notice, the Seller has not provided the title by the Final Deadline, and the transaction has been canceled, then:
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i. Subject to clause ii. below, Buyer agrees it:
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1. will use reasonable efforts to safely and securely maintain the vehicle on its lot until such time as it is transferred back to the Seller,
2. will not hold ACV nor the Seller responsible to pay Buyer any storage fee while the vehicle is located on Buyer’s lot,
3. does not have any right to own, hold, or seize such vehicle,
4. will allow the Seller’s or ACV’s transporter to pick up the vehicle from Buyer’s lot during Buyer’s normal business hours or another reasonable time,
5. will be responsible for any damage to, or loss of, the vehicle while the vehicle is on its property, and
6. if Buyer fails to release the vehicle, this may result in the forced sale of the vehicle to Buyer.

ii. If ACV requests that Buyer hold the vehicle on Buyer’s lot after cancellation of a transaction while the Seller arranges for the disposition of the vehicle, Buyer may (but is not required to) agree to maintain the vehicle on Buyer’s lot during such period. If Buyer agrees, then risk of loss for the vehicle remains with the Buyer as long as the vehicle is at Buyer’s lot, and Buyer is responsible for the safety and security of the vehicle, and any loss or theft of, or damage to, the vehicle while the vehicle remains at such location. Buyer will release the vehicle only in accordance with ACV’s then-current vehicle release procedures (a current copy of which can be found at: https://www.acvauctions.com/support-article/seller-vehicle-release-procedures). Buyer further agrees to retain a copy of all documentation required by the vehicle release procedures for at least one hundred twenty (120) days after the pickup date. Buyer will be liable to ACV and the Seller for any loss of or damage to the vehicle resulting from Buyer’s failure to comply with the release procedures. Once the Seller or Seller’s agent retrieves the vehicle, the risk of loss for the vehicle is transferred to the Seller or its agent.
Notwithstanding this Section 4, the Buyer will not have the option to submit a Late Title Notice or withdraw its offer to purchase the vehicle based on any instance in which the Seller did not provide Negotiable Title for the vehicle if the Seller disclosed in the condition report any of the following:

i. No title will be provided for the vehicle,
ii. The vehicle was Previously Canadian or grey market,
iii. The title is a rebuilt, salvage, total loss, or junk branded title. Note that such titles are provided by the Seller “as is” and may not be negotiable in the Buyer’s state, or
iv. The Seller will provide permitted Transfer Documents rather than a U.S. title.
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If Seller makes the appropriate title related disclosures, it is the Buyer’s responsibility to ensure its state will accept the Transfer Document or the branded title provided, or that the Buyer can otherwise obtain its own title for the vehicle.
Buyer may not submit a Late Title Notice or withdraw its offer to purchase the vehicle solely based on vehicle history data found in any Electronic Data Vehicle History condition report.
If Buyer decides to export a vehicle outside the United States, the Buyer will be responsible to ensure that the title is negotiable for such purpose.
In no event will Buyer list ACV as the Seller or Buyer of a vehicle on any documentation filed with its state. For California Buyers, this means they should be completing the wholesale form number REG 396 and not the wholesale auction form number REG 398.

5. Transfer Documents Other than Titles: If a vehicle is either ineligible for a title in the Seller’s state, or the Seller has the legal right to sell the vehicle but does not hold the title, other documentation evidencing the right to sell the vehicle that has been disclosed to the Buyer prior to sale (i.e., title with repo papers, sold on repo papers alone, bill of sale, registration, Manufacturer’s Statement of Origin and Manufacturer’s Certificate of Origin) (“Transfer Document”) may be provided in lieu of a title. Such Transfer Document must be accompanied by all documents necessary to register the vehicle in the Buyer’s state.
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6. Indemnities: Seller agrees to defend, indemnify, and hold ACV, the Buyer, and the end consumer harmless from any demands or claims, and any associated liability, loss, damage, cost, and expense (including reasonable attorneys’ fees) to the extent based upon or related to (a) Seller’s failure to meet the requirements in Section 3, or (b) the validity, legality, applicability, or timely delivery, of a Transfer Document. Buyer agrees to indemnify ACV for all costs, fees, charges, violations, or other damages associated with its breach of Section 4(h).

7. Disclaimer of Liability to Buyer for Vehicle Repairs: ACV and the Seller will not be responsible under any circumstances for any loss, costs, damages, or other liability associated with any vehicle repairs or modifications made to vehicles prior to Buyer’s receipt of title. If the Buyer makes any repairs or modifications to the vehicle pending receipt of the title to the vehicle, the Buyer shall be liable for all work done to the vehicle and will not be entitled to reimbursement of its costs related to such repairs or modifications, even if the transaction is later cancelled.

8. Title Disclaimer: Buyer acknowledges that ACV has assumed no responsibility to provide Negotiable Title to Buyer or to otherwise identify defects in Seller’s title and makes no warranty whatsoever regarding the title.

9. Conflicts: If any provision contained in this Title Policy is in conflict or inconsistent with any provision in the NAAA Policy, ACV’s Arbitration Policy and/or ACV’s Terms of Service, such conflict will be resolved by the following priority of documents: (1) ACV’s Terms of Service, (2) this Title Policy, (3) ACV’s Arbitration Policy, and (4) the NAAA Policy.

10. Timeframes: If ACV determines in its reasonable discretion that extenuating circumstances require that a deadline be extended for a particular transaction, ACV may do so and will notify the Buyer and Seller of the circumstances and the length of the extension.

11. Changes: ACV may amend this Title Policy at any time and any such amendments will be effective as of the date the amended policy is posted on the ACV website unless otherwise specified therein.

Exhibit A - Final Deadline

48 Hour Timing Transparency Matrix

If Buyer Notice Received...

48-Hour Deadline Time

Monday before 5:00pm EST

Wednesday at 5:00pm EST

Monday at or after 5:00pm EST

Thursday at 5:00pm EST

Tuesday before 5:00pm EST

Thursday at 5:00pm EST

Tuesday at or after 5:00pm EST

Friday at 5:00pm EST

Wednesday before 5:00pm EST

Friday at 5:00pm EST

Wednesday at or after 5:00pm EST

Monday at 5:00pm EST

Thursday before 5:00pm EST

Monday at 5:00pm EST

Thursday at or after 5:00pm EST

Tuesday at 5:00pm EST

Friday before 5:00pm EST

Tuesday at 5:00pm EST

Friday at or after 5:00pm EST

Wednesday at 5:00pm EST

Saturday (anytime) EST

Wednesday at 5:00pm EST

Sunday (anytime) EST

Wednesday at 5:00pm EST