{"id":101598,"date":"2026-09-09T08:07:30","date_gmt":"2026-09-09T06:07:30","guid":{"rendered":"https:\/\/ru.law\/?p=101598"},"modified":"2026-09-09T08:07:33","modified_gmt":"2026-09-09T06:07:33","slug":"autohaendler-insolvent-rechte-kaeufer","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/autohaendler-insolvent-rechte-kaeufer\/","title":{"rendered":"Car dealer insolvent \u2013 your rights regarding down payment, financing and warranty"},"content":{"rendered":"

What car buyers should know if dealers or manufacturers become insolvent.<\/strong><\/h3>\n\n\n\n

Your car dealer has filed for bankruptcy, the ordered vehicle hasn't arrived yet, the down payment has been made, or the loan is already running. Whether you'll see your money again depends primarily on how you paid and whether the vehicle has already been delivered. If you financed the purchase with a loan arranged by the dealer, you can argue non-delivery to the bank and refuse to make payments. Rogert & Ulbrich will review your case and enforce your claims against the insolvency administrator, bank, and manufacturer.<\/p>\n\n\n\n

Retailer insolvency: Why the timing of the handover is crucial<\/strong><\/h2>\n\n\n\n

With the filing for insolvency, the retailer generally loses control of their assets. Initially, the insolvency court usually appoints a provisional insolvency administrator; after the proceedings are opened, the insolvency administrator takes over the management. They decide which outstanding contracts will still be fulfilled. For you as the buyer, this means: your purchase contract is not automatically invalid, but your claims compete with those of all other creditors.<\/p>\n\n\n\n

If the purchase agreement has not yet been fully performed by both parties, the insolvency administrator has a right of election under Section 103 of the German Insolvency Code (InsO). He can fulfill the contract and deliver the vehicle if it is available and the insolvency estate benefits from this. However, he can also refuse performance. In this case, you are only entitled to a claim for damages due to non-performance, which is a standard insolvency claim under Section 38 of the German Insolvency Code (InsO). Such claims are typically settled at the end of the proceedings at a rate that, in practice, is often in the low single-digit percentage range.<\/p>\n\n\n\n

Therefore, three scenarios must be strictly distinguished: The vehicle has already been handed over and paid for. The vehicle has been ordered and a deposit paid, but not yet delivered. Or the purchase was financed through a loan arranged by the dealer. Each of these situations leads to different rights and obligations. Anyone who confuses them risks losing money or missing deadlines.<\/p>\n\n\n\n

Are you unsure of your legal position? Have your purchase agreement, payment receipts, and financing documents reviewed before the insolvency administrator takes action.<\/p>\n\n\n\n

Vehicle handed over and paid for: Secure ownership and request vehicle registration certificate part II.<\/strong><\/h2>\n\n\n\n

Once you have received the vehicle and paid the full purchase price, you generally become the owner (\u00a7 929 BGB). The insolvency administrator cannot then add the car to the insolvency estate. Should they nevertheless attempt to do so, you have a right of segregation under \u00a7 47 InsO. The purchase itself is thus secured. However, one risk remains that many buyers underestimate: the vehicle registration certificate Part II, colloquially known as the vehicle title.<\/p>\n\n\n\n

Dealers often finance their vehicle inventory through banks or manufacturer-backed banks. These institutions require the vehicles to be transferred to them as security and retain the vehicle registration certificates, Part II. If the dealer defaults on their financing, the financing bank may contact you and demand the return of the vehicle. Whether you are protected against the bank depends on the principle of good faith acquisition under Section 932 of the German Civil Code (BGB). The Federal Court of Justice requires that the buyer request to see the vehicle registration certificate, Part II. According to established case law, this is a minimum requirement for good faith acquisition. Anyone who has taken possession of the vehicle without inspecting this document is in a significantly weaker position.<\/p>\n\n\n\n

Therefore, request the vehicle registration certificate Part II immediately in writing from the dealer or the insolvency administrator if you have not yet received the document. Secure the purchase contract, handover protocol, and all proof of payment. These documents prove that you have paid the purchase price in full and are legally in possession of the vehicle. Additional rules apply if there is suspicion of fraud, for example, if a vehicle has been sold multiple times. You can read more about this at [link to relevant information]. Car buying and selling fraud on site<\/a>.<\/p>\n\n\n\n

Is your vehicle registration document still missing? Don't wait for the dealer's bank to contact you. Clarify your ownership status now.<\/p>\n\n\n\n

Down payment made, vehicle not delivered: The most painful case<\/strong><\/h2>\n\n\n\n

If you have ordered and paid a deposit for a vehicle but haven't yet received it, you're in the worst-case scenario. If the insolvency administrator rejects the order, your deposit becomes a standard insolvency claim. You must register this claim with the insolvency administrator within the deadline specified in the opening order (\u00a7 174 InsO). If you miss the deadline, a subsequent registration is possible, but it incurs fees. And even with proper registration, you'll usually only receive a fraction of the amount back.<\/p>\n\n\n\n

However, there are exceptions that you should definitely check. If you made the down payment by credit card, you can initiate a chargeback procedure with your card issuer due to non-delivery. Card companies set deadlines for this, which are usually 120 days from the date of the charge or from the agreed delivery date. A bank guarantee or an escrow account into which the down payment was paid also protects your money from creditors. And if the purchase was financed through a bank recommended by the merchant, the bank bears the insolvency risk. More on this in the next section.<\/p>\n\n\n\n

Another pitfall lurks with repayments made shortly before bankruptcy. If the merchant quickly refunded your deposit even though they were already insolvent, the insolvency administrator can challenge this payment. Payments made within the last three months before the insolvency application are contestable under Section 130 of the German Insolvency Code (InsO) if you were aware of the insolvency. In cases of intentional creditor disadvantage, the right to challenge payments extends even further back under Section 133 of the InsO. Anyone who knew about the financial difficulties and received the money may have to return it.<\/p>\n\n\n\n

Down payment made and no delivery in sight? Check chargeback, guarantee and financing options before simply registering your claim in the table.<\/p>\n\n\n\n

Financed car purchase: When you are allowed to refuse to make loan payments to the bank<\/strong><\/h2>\n\n\n\n

Buyers who financed their vehicle through a loan arranged by the dealer are in the strongest position. In this case, the purchase agreement and the loan agreement constitute a linked transaction under Section 358 Paragraph 3 of the German Civil Code (BGB). An economic unit is presumed if the dealer provides the financing himself or if the bank uses the dealer's assistance in concluding the contract. This is the standard case if you arranged financing at the dealership, whether through a manufacturer's bank or a credit institution with which the dealer collaborates.<\/p>\n\n\n\n

The consequences are governed by Section 359 Paragraph 1 of the German Civil Code (BGB), the so-called "piercing the defenses" principle. You can raise any objections against the bank that would entitle you to refuse payment to the dealer. If the dealer fails to deliver the vehicle, you are not obligated to pay the purchase price (Section 320 BGB). This very objection is effective against the bank: you are entitled to refuse loan payments. The bank, not you, therefore bears the dealer's insolvency risk. Payments already made can be reclaimed in certain circumstances, particularly if the purchase agreement is rescinded. Whether this is successful in a specific case depends on the contract terms and the timing of the payments.<\/p>\n\n\n\n

The right to raise objections has limits that you should be aware of:<\/p>\n\n\n\n