Title Arbitration Policy

Title Arbitration Policy

1. Purpose of the Titles Policy

Support for Title Transfers: Plug is committed to providing support to both buyers and sellers in the process of transferring vehicle titles. The objective is to maintain transparency and fairness throughout this process for all parties involved. Plug will assist in resolving title-related issues in accordance with the guidelines outlined in this policy. In cases where there is a conflict between this policy and federal, state, or local laws, the applicable laws shall take precedence.

Plug's Role in Title Transfers: Plug's primary role is to facilitate the movement of vehicle titles from sellers to buyers as part of the overall vehicle sale process. It's important to note that Plug is not the seller or buyer of the vehicle and cannot be listed as such on the title. Plug acts as an intermediary to ensure the secure transfer of titles but does not provide titles. Plug does not warrant or guarantee vehicle titles and is not liable for any damages resulting from the seller's failure to provide the title or necessary title documents.

2. Title Processing Procedures

Title Options: Prior to listing a vehicle for sale through Plug, sellers must identify one of the following title options for each vehicle:

• "Title Present": Sellers indicate that they possess the vehicle title, free and clear of any liens, at the time of listing and will send the title and any associated documents to Plug within 3 business days after the purchase date (date on which bidding is closed).
• “Title Absent”: Sellers indicate that they do not currently possess the title, or the title is not yet free and clear of any liens, and it is necessary for them to obtain the title or a lien release. The seller is obligated to send clear title and any associated documents to Plug within 30 calendar days of the date of purchase (date on which bids are closed).

Reassignment: Seller must assign title directly to the buyer. Any title assigned to Plug will not be accepted.

Power of Attorney and Other Documentation: Sellers must provide (i) a signed power of attorney agreement, giving Plug and/or its 3rd party vendor the right to complete and sign the title on the seller’s behalf, and/or (ii) any additional documents needed to confirm that title is free and clear, as requested by Plug or its designee. If there are title issues that Plug cannot address with an existing power of attorney or other associated documents, the title will be returned to the seller for correction within a reasonable timeframe.

Payment and Title Transfer: Once Plug receives payment from the buyer, Plug will send the title and associated documents to the buyer.

Late Title Submission: For any Title Absent sale, the buyer may cancel the transaction if Plug has not received clear title and any associated documents by the 30th day, after the purchase date.

Failure to Provide Title: If the seller fails to provide the clear title and associated documents within 90 calendar days after the sale, and the buyer has not canceled the transaction and released the vehicle within that time frame, Plug shall have no further obligation with respect to the transaction, and the buyer and seller will be solely responsible for any further actions with respect to the vehicle involved.

3. Seller's Obligations Related to Titles

Sellers must adhere to the following obligations:

1. Ensure that the title is from a U.S. state, except as noted in Sections 5 of this policy.
2. Ensure the title is properly executed and free of all liens and encumbrances.
3. Include all documents necessary to register the vehicle in the buyer's state with the title.
4. Verify that the VIN is correct.
5. Ensure accuracy in the vehicle mileage listed on the title.
6. Include the required signature releasing any lien on the title, along with the original lien release.
7. Ensure the last owner listed on the title is the seller's company or provide a properly executed reassignment form from the most recent owner on the title or a power of attorney signed by the consumer authorizing the seller to sign the title, as required by state law.
8. Verify the accuracy of all reassignments without gaps between owners.
9. Ensure that all signatures are notarized where required.
10. Provide Plug with a power of attorney granting Plug the right to complete the title, as necessary.
11. Ensure that the title is reassigned directly to the buyer; Plug cannot be named on the title.
12. Deliver the title to Plug within the specified timeframes.

4. Buyer's Rights and Obligations Related to Titles

1. Buyers may withdraw their offer, where title is not delivered to Plug within 30 calendar days after the sale, only if all of the criteria below are met
1. Buyer has paid for the vehicle;
2. Buyer is in possession of the vehicle;
3. The vehicle is in the same or substantially similar condition as when it was delivered to the buyer, and no repairs or modifications have been made to the vehicle after delivery to the buyer; and
4. The vehicle odometer reading has not increased by 150 or more miles since the inspection date of the vehicle.
2. Buyers are responsible for ensuring their state accepts transfer documents (other than titles) or branded titles when disclosed by the seller.
3. Buyers may not withdraw their offer based solely on third-party vehicle history data.

5. Transfer Documents Other than Titles

If a vehicle is ineligible for a title in the seller's state or the seller legally cannot provide the title, transfer documents evidencing the right to sell the vehicle may be provided instead. These Transfer Documents must be accompanied by all necessary documents for vehicle registration in the buyer's state. Manufacturer's Statements of Origin and Manufacturer's Certificates of Origin are not permitted as Transfer Documents.

6. Disclaimer of Liability

1. Plug and the seller are not responsible for any loss, costs, damages, or liability associated with vehicle repairs or modifications made by buyer before the buyer receives the title.
2. If buyers make repairs or modifications to the vehicle pending receipt of the title, they are liable for all related costs, even if the transaction is later canceled.
3. Plug makes no warranty regarding vehicle titles and does not investigate title issues.

7. Exporting Vehicles

If a buyer intends to export a vehicle outside the United States, they are responsible for ensuring that the title is negotiable for that purpose.

8. Not Listing Plug as Buyer or Seller

Under no circumstances should the buyer list Plug as the buyer or seller of a vehicle on any documentation filed with their state.

9. Policy Amendments

Plug retains the right to amend this Titles Policy at any time. These amendments will be effective as of the date they are posted on the Plug website, unless otherwise specified.