No. 5-99-0830 IN THE APPELLATE COURT OF ... - Appellate.net

of used cars. 49/
Similarly, although auction houses that sell millions of used cars each year have
intricate disclosure rules, none requires sellers to disclose the presence of non-OEM parts.
R. 8881-82, 9217-18, 10247, 8692-93, 5114; DX 655; DX 2013C; DX 2013D; DX 650. As
one manager of an auction that sells 450-520 cars each week explained, the issue of non-
OEM parts has “never been brought up.” R. 8676. Likewise, the manager of the largest auto
auction in the world, which has $4 billion in sales per year, labeled the allegations in this
lawsuit “ludicrous,” R. 8870-71, noting that “[i]f what this case is about was important, it
would be written all over our policy and procedure manual; and it’s never been a problem
since auctions began.” R. 8892.
Indeed, the OEMs themselves — Ford, GM, and Chrysler — certify used cars that
have been repaired with non-OEM parts and offer warranties on those vehicles. None of
these programs differentiates between OEM and non-OEM crash parts. R. 10479-84. In
addition, car makers have lease buy-back agreements with large customers (such as rental
agencies) whereby they commit to repurchase cars for a specified price. None of these
leases bars use of non-OEM parts in repairs, R. 10499-510; DX 835; DX 836; DX 837, even
though lessees often use non-OEM parts. R. 10504-08. This market behavior demonstrates
that the opinion expressed by plaintiffs’ paid experts — that there are no good non-OEM
49/
See R. 9214-16 (discussing NADA Guide, Kelley Blue Book, and Black Book); R.
8895, 10466-67 (discussing consumer-oriented guides, internet guides, and state
publications); R. 10486-89 (discussing guide for the leasing industry); DX 666; DX 667; DX
463. The Black Book has 60,000 weekly subscribers in the auto and finance industries, but
according to its publisher has “never” made an adjustment for non-OEM parts. R. 10240-41,
10224-25, 10234-36.
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