Car dealerships also have to close sales areas due to the corona pandemic. The economic consequences are not yet foreseeable. But what rights would car buyers have if the dealer went bankrupt?
Stuttgart (dpa / tmn) - Many companies fear negative economic effects from the corona pandemic - including car dealers. But what does it mean for buyers who have already ordered and paid for a car if the dealer goes bankrupt?
As a rule, bankruptcy proceedings are then opened. The administrator has the right to choose whether he wants to continue to fulfill the contract, explains Minden lawyer Sören Lührmann in the magazine "Auto, Motor und Sport" (issue 8/2020).
Should he speak out against it, the buyer "basically has no choice but to assert his claim as an insolvency creditor," continued Lührmann.
In the worst case, the money is gone
However, even in the best case, buyers will only see part of their money again, according to the lawyer. Because there must be enough insolvency assets available and creditors must be paid a quota.
Therefore, car buyers should insist that the insolvency administrator keep the contract, Lührmann recommends - otherwise the money would be gone in the worst case.
But there are ways out for some
However, if there is a delay in delivery despite setting a deadline, there is hope: Consumers who have already paid the full purchase price for the car may be able to withdraw from the contract, explains Lührmann.
This also applies to financing if this is connected with the purchase - but not for leasing contracts. After all, the leasing partner remains a contractual partner. Thus, he is obliged to fulfill the contract even in the event of a bankruptcy.
