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Insolvency drama: Customer is not allowed to drive his Audi R8 despite purchasing it!
In the insolvency proceedings of the Enes car dealership in Salach, lawyer Kulisch is suing against delays by CreditPlus AG.
Insolvency drama: Customer is not allowed to drive his Audi R8 despite purchasing it!
The proceedings surrounding the insolvent Enes car dealership in Salach are dragging on. Oral negotiations recently took place before the Stuttgart Regional Court, where the defendant bank CreditPlus AG is the focus. This had provided financial resources to pre-finance the car dealership's vehicles. Lawyer Marijan Kulisch, who represents a client from southern Hesse, complains about delaying tactics on the part of the bank, which denies access to important documents, in this case the vehicle registration document.
The client purchased an Audi R8 Coupe for almost 80,000 euros in November 2024, but cannot use it due to the missing vehicle registration document. Kulisch, who had hoped for a quick clarification, is now confronted with the reality that the situation has become more complex following the car dealership's insolvency and payment problems from vehicle sales. Many customers, like Kulisch's client, have already paid for their vehicles but cannot register them because the banks do not release the documents.
Litigation and transfer of ownership
In the legal dispute, Kulisch relies on the framework loan agreement (RKV) between the car dealership and CreditPlus AG, which allowed the car dealership to transfer ownership to the buyers. Banks keep vehicle registration documents as security when they provide pre-financing for the purchase of a car dealership. However, the bank's lawyer, Arnold Oppermann, points out that the sale of the vehicle below value was not proper. Kulisch counters that the buyer has already paid the purchase price without being in possession of the vehicle registration document.
Another controversial point is Oppermann's claim that the buyer, informed that the Audi was sold below value, did not purchase in good faith. Kulisch, on the other hand, emphasizes that the buyer was confronted with damage to the sports car in the purchase contract, which was again recorded in the minutes. He bases his argument on Section 366 of the German Commercial Code (HGB), which regulates bona fide acquisitions in commercial law. He recommends that other affected buyers also refer to this legal norm to clarify discussions about the acquisition of property.
Effects of bankruptcy
The problems surrounding the purchase and registration of vehicles are widespread in the industry. Despite the civil proceedings that have already been initiated between the customer and the bank or the insolvency administrator, it remains uncertain how quickly a solution can be found. Kulisch feels the court might follow his argument, but that doesn't solve the specific challenges faced by buyers who rely on their vehicles.
In a broader context, questions arise again and again about the financial options of buyers in insolvency cases. Lawyer Lisbeth Bechtel advises communicating openly with the bank to explain your financial situation. Buyers should collect evidence of their solvency and a clear overview of their income and expenses. However, if insolvency has already been declared, significant difficulties can arise that make the process even more complex.
The situation surrounding the car dealership in Salach and the associated legal disputes shed light on the challenges that buyers face in insolvency cases. It remains to be hoped that a quick clarification can be achieved to enable affected customers to access their vehicles.