CARFAX Buyback Guarantee

What is the CARFAX Buyback Guarantee?

The CARFAX Buyback Guarantee helps protect consumers from unknowingly buying a vehicle with a DMV-issued title brand, such as Salvage, Junk, Rebuilt, Fire, Flood, Hail, Lemon/Manufacturer Buyback, Not Actual Mileage, or Exceeds Mechanical Limits. If you find that any of these title problems were reported by a DMV and not included in a report, you may qualify.

CARFAX Buyback Guarantee Terms and Conditions

  1. Definitions
    1. Applicant is the person or entity that submits a Claim.
    2. Brand is a word or symbol indicating that the Vehicle was junked, salvaged, dismantled, rebuilt, reconstructed, flood damaged, fire damaged, hail damaged, bought back by its manufacturer (commonly referred to as a “lemon law” vehicle), odometer exceeds mechanical limits, odometer was not actual mileage or any other word or symbol indicating a similar condition.
    3. Branded Title is a Title with a Brand, but not an Excluded Brand.
    4. Claim is a request by Applicant for compensation under the CARFAX Buyback Guarantee with respect to a Vehicle.
    5. Excluded Brand is (i) a Title originally issued without a Brand, but a Brand was subsequently added to the Title without the Title being reissued, (ii) a Title indicating salvage due to theft or (iii) a Branded Title issued in error.
    6. Payment is the amount CARFAX agrees to pay Applicant as a result of a valid Claim and will consist of the lesser of (i) the purchase price of the Vehicle (which excludes fees, taxes and any ancillary products and services such as warranties, insurance, reconditioning services, aftermarket accessories, parts or services) and (ii) 110% of the current CARFAX History Based Value for the Vehicle.
    7. Report is the CARFAX Vehicle History Report for the Vehicle that is the subject of the Claim and is dated prior to the date the Vehicle was purchased by Applicant but no more than 30 days prior to such purchase.
    8. Terms and Conditions are these CARFAX Buyback Guarantee Terms and Conditions.
    9. Title is a legal document issued by any state of the United States or the District of Columbia that demonstrates ownership of the Vehicle.
    10. Vehicle is any automobile or light truck with a model year no more than 20 years before the date of the Report.
  2. Under the CARFAX Buyback Guarantee, CARFAX, Inc. (“CARFAX”) will provide Payment to the Applicant if the Report states that the Vehicle does not have a Branded Title, but a Branded Title exists, and the following conditions are met:
    1. Applicant owns the Vehicle at the time Applicant submits the Claim.
    2. The Branded Title was issued at least 60 days prior to the date of the Report.
    3. The Claim is submitted within 1 year after the date of the Report.
    4. Applicant submits to CARFAX a true, accurate and complete copy of each of the following documents:
      1. CARFAX Buyback Guarantee Claim Form,
      2. Current Title issued to Applicant for the Vehicle,
      3. Report,
      4. Applicant’s bill of sale for purchase of the Vehicle and
      5. Front and back of the Branded Title.
    5. Applicant is not an employee, or a family member of an employee, of CARFAX or its affiliates.
  3. By accepting the Payment, Applicant waives and releases CARFAX from all claims, actions, suits, disputes, costs, liabilities and expenses of whatever kind Applicant may have now or in the future with respect to the Report, including but not limited to future CARFAX Vehicle History Reports for the Vehicle.
  4. Applicant is responsible for the payment and discharge of all federal, state and local taxes, if any, which may at any time be found to be due upon or as a result of the Payment.
  5. Applicant will return the Payment to CARFAX should CARFAX discover that Applicant provided any false or misleading information with respect to the Claim.
  6. Applicant will indemnify, defend and hold CARFAX harmless against any claims, actions, damages, judgments, losses, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and court costs) that may arise from (a) any false or misleading information that Applicant provided to CARFAX with respect to the Claim or (b) any person, partnership, corporation, association, insurance company or other organization or entity claiming an interest in the Claim.
  7. Applicant understands that these Terms and Conditions are binding upon and inure to the benefit of Applicant and his/her/its legal representatives, successors and assigns.
  8. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that decision will not invalidate or void the rest of these Terms and Conditions which will still be given full force and effect.
  9. These Terms and Conditions, and any claim or dispute relating in any way to these Terms and Conditions, will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Applicant agrees and consents that jurisdiction and venue for all matters relating to these Terms and Conditions will be vested exclusively in the state courts in Fairfax County, Virginia or the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
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