The Federal Court of Justice supports car buyers who have been duped by scammers when buying their used car. The backgrounds.
Judgment of the Federal Court of Justice: The BGH strengthens the backs of car buyers who have been duped by scammers when buying their used car.
If the original owner – also deceived – wants his car back, he must be able to prove that the new owner was not in “good faith” when buying it. If he cannot do this, the car belongs to the buyer, as the judges in Karlsruhe decided on Friday. According to his judgement, this also applies in particular when statements are made against statements about whether the buyer was presented with a professionally falsified registration document.
The buyer receives the real vehicle registration document
According to the law, the thing belongs to the buyer if he acquired it “in good faith”. In this case, a car dealer had resold used cars, which were in fact only leased, to unsuspecting customers. In court, it was a Mercedes, which the Stuttgart car manufacturer’s leasing company collected from the buyer.
To no avail, as is now certain: the man who had collected the car from the dealership for the buyer had credibly assured him that an authentic-looking registration certificate, Part II – the old vehicle registration document – had been presented to him. The leasing company had doubted it, but couldn’t refute it. You must now hand over the real vehicle registration document to the buyer.