Maserati Stolen. Need Legal Help! | FerrariChat

Maserati Stolen. Need Legal Help!

Discussion in 'Maserati' started by Ghibli Cup #11, Aug 23, 2005.

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  1. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    When I was living in Germany I bought a 1997 Maserati Ghibli Cup (#11) from the dealer in Stuttgart. When I left Germany, I gave the car back to the dealer to sell on consignment. Well, the dealer had a little problem with the Tax authorities. They came to collect and he gave them my car to cover his liability. The city sold the car without doing a title check to see that I was the owner. I still have the title, Fahrzuegbrief. The dealer is now in jail and bankrupt.
    I still had insurance on the car through Allianz, but they claim that the car was not covered for embezzlement, which this was because I gave the dealer the key. The law states that I cannot get the car back as the buyer bought the car in good faith from the city. I have retained a lawyer in Germany, but with the looser pays rules, I fear he just took the case to get the fees, around 6,000 Euro. I have several questions;
    Do I have a case against the city?
    Do I have a case against Maserati Deutschland, as the dealer was acting as their representative?
    Do I have a case against Allianz?

    Any helpful suggestions would be appreciated.
     
  2. Go find a good repo man, find and get the car out of the country? This will be good to see what everyone says. Sorry to hear this. I can't get myself to sell much like antiques on consignment because of similiar fears.
     
  3. staatsof

    staatsof Nine Time F1 World Champ
    Silver Subscribed

    Mar 13, 2005
    95,975
    Fuggetaboutitland
    Full Name:
    Bob
    This is horrible. I have a Ghibli Open Cup and fortunately it's here in the U.S. I can pass this notice along to some of the other websites that deal with Maserati if you like.

    Who was the actual dealer?

    BTW, do you work for Bosch?

    Bob S.
     
  4. gougoul

    gougoul Formula 3

    Nov 25, 2004
    1,305
    Geneva, Switzerland
    Hi,

    hahahah, european law....

    The buyer cannot be touched, he bought the car from the state, so there is no way he could think the sale wasn't legal.
    The dealer is gone, Maserati Deutschland won't care (well they will send you letter sorry blabla but that's it).
    Allianz as well, you can't do a thing, the car wasn't stolen

    The only and real place you can "strike" is IMHO the state.
    They took a car without checking who was the actual owner, and in the end they too something they didn't had the right to.
    The problem with these collectors is they take as much as they can, and sometimes, they don't even find someone who knows whose what.
    I'll try to ask a laywer friend, maybe he has an exact idea
     
  5. gougoul

    gougoul Formula 3

    Nov 25, 2004
    1,305
    Geneva, Switzerland
    Ok, i checked out with my lawyer friend, he says you definitly must attack the state, as they got their hands on the car, so they are responsible for the theft.
     
  6. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,386
    Houston, Texas
    Full Name:
    Bubba
    Wolfgang is our "Man on the Ground" in Germany.....

    Look for him bonking in the European Section........


    HTH
     
  7. icars

    icars Formula Junior

    Mar 28, 2002
    855
    Plano Texas
    Full Name:
    Rodney Haas
    You might want to post this on [email protected] several members of the group are very active in Germany and know everybody in the Maserati comunity. They may have some constructive ideas.
     
  8. Auraraptor

    Auraraptor F1 World Champ
    Lifetime Rossa Owner

    Sep 25, 2002
    13,980
    MO
    Full Name:
    Omar
    PM Wolfgang.
     
  9. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    Thanks for your suggestions. I will PM Wolfgang. I do have a lawyer in Germany and he tells me that I will win but becasue of looser pays, if I loose, he still gets paid, so I am questioning his opinion.

    I'm hoping to find a German lawyer on the board or someone who knows one who can give me an honest opinion.
    A German colleague's divorce lawyer told me that I would loose against the city too.

    Bob, I did work for Bosch. If you called an Bosch ABS engineer about your car, that was me. The delaer was the old one in Stuttgart.
     
  10. staatsof

    staatsof Nine Time F1 World Champ
    Silver Subscribed

    Mar 13, 2005
    95,975
    Fuggetaboutitland
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    Bob
    Yes that was me a couple of years ago and I now have the racecar. It's been interesting.

    Gosh, this really is an unbelievable story.
    I'm no lawyer but it does seem like the state government is the one that made the mistake here. Do you still have a second set of keys. I don't know if there even is such a thing as a repo man over there. Besides, "the new owner" is legal so you could end up making things worse.

    I would wait until you have a lawyer that's actually done a case like this.

    Why not start with a really big post on Enrico's website. It's a very small community and this might get things pointed in the right direction. I think he would cooperate as he really hates this sort of thing. He could put it in a couple of locations that really stick out. I think he's on vacation till September. I'll duplicate your original post on the following 2 websites. There are a number of europeans on there.

    http://groups.yahoo.com/group/maserati
    http://groups.yahoo.com/group/BiturboZentrum

    I'll also post it on my website for Ghibli Open Cups. It's very small but we have 3 people in Germany.

    http://autos.groups.yahoo.com/group/ghibliopencup/

    Perhaps you can send me a private email with the name of the person that now "has" the car? That's just in case I know him. I hope not.

    Bob S.
     
  11. NY550

    NY550 Formula Junior

    Aug 8, 2005
    310
    Long Island
    yea i agree
     
  12. RossoCorsaItaly

    RossoCorsaItaly F1 Rookie
    Rossa Subscribed

    Jun 9, 2004
    4,684
    LA & OKC
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    Kevin
    I think you have a case against the dealer, regardless it's a crappy situation.
     
  13. staatsof

    staatsof Nine Time F1 World Champ
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    Mar 13, 2005
    95,975
    Fuggetaboutitland
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    Bob
    Noah,

    I sent an email to you but I got no reply.

    I have several people well connected in Germany that have contacted me and are willing to help but I have no way of connecting you with them.

    If you're still interested contact me.

    Bob S.
     
  14. Eddie IOW

    Eddie IOW Rookie
    BANNED

    Aug 26, 2005
    16
    Full Name:
    Eddie
    You do have a case. Where you located. I got my Law degree from Oxford so only know UK law but my stepfathers law firm specialises in Euro Law. They are called Biscoes and based in Portsmouth, England.
     
  15. teterman2004

    teterman2004 Formula Junior

    Jan 15, 2005
    272
    Eielson, Alaska
    Full Name:
    BriBud
    Lousy situation! Don't know a heck of a lot about German civil law, but it wouldn't surprise me if the "buyer wins" in this situation, particularly if the city itself sold the vehicle. A self-help repossession might not be the best idea. . .

    Have your attorney explain everything in detail, actually read the code provisions yourself, and ask a ton of questions, GOOD LUCK
     
  16. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    Bob,

    I sent you a PM and updated my email address in the account profile.
     
  17. LightGuy

    LightGuy Four Time F1 World Champ
    Silver Subscribed

    Oct 4, 2004
    45,670
    Texas
    Full Name:
    David
    " The State " can do what it damn well pleases. Dont like it ? Move, or sue us. Lets see; our assets/ resources vs yours.
    Stuff like this scares the Bejesus out of me.
    You will get a broader response ( good and bad ) if this topic were moved to Ferrari Discussion rather than Other Italian. Good Luck to you, unfortunatly you may need it.
     
  18. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    I just thought I'd post an update. I won my case against the city. However I only was awarded the amount that the car was auctioned for, not the appraised value. A factor of five difference.
     
  19. Townshend

    Townshend F1 Veteran
    Owner Rossa Subscribed

    Jul 20, 2005
    6,677
    Chicago
    Full Name:
    Walter
    That was fairly quick, glad to hear you recovered some money at least. A crappy situation all around though :(. Hope you enjoy your time in the states however!
     
  20. wbaeumer

    wbaeumer F1 Veteran
    Consultant

    Mar 4, 2005
    8,994
    No, you can`t get Maserati-Germany as their dealer then was a private person who had his compyny registered on his own name. If this dealership would have belonged to M. than you would have a chance.

    Contact me off-line ([email protected]) and I set you in contact with someone who might be able to help you.

    Ciao!
    Walter
     
  21. Davidindallas

    Davidindallas Formula Junior

    Nov 5, 2003
    344
    Don't overlook the prospect of suing the jailed scumbag whose debt it was taken to cover. He'll get out one day and will have a job and may have stashed money in his wife's cousin's refrigerator. In the US judgments like that are easily renewed for decades, though you have to roll the dice on enforcing. You'll be the winner in that one for sure, so you can add your presumably small legal fees on top of the balance you're owed. He'll likely default anyway. In some jurisdictions (Germany?) you can garnish wages, etc..
     
  22. SefacHotRodder

    SefacHotRodder F1 World Champ

    Dec 20, 2003
    11,158
    NJ
    Full Name:
    Chris
    I just scanned though this so i appologise if this has been covered already but what about the guy that bought it? You have the title so can't you claim the car was stolen (i know thats the point of this thread but shouldn't the car be siezed then?)?
     
  23. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    The buyer of the car is a "buyer in good faith". There is no oportunity to get the car back from him as he bought it from the city with a new title.

    As for the scumbag, not only is he in jail for tax evasion but for fraud as well. It seems as though he sold the same car to several poeple and had taken deposits on many new cars that never arrived. He is very old and I doubt he will be able to work off the money he owes to the government and his customers.
     
  24. staatsof

    staatsof Nine Time F1 World Champ
    Silver Subscribed

    Mar 13, 2005
    95,975
    Fuggetaboutitland
    Full Name:
    Bob
    Noah,

    I am so sorry that this ended this way but it does raise a couple of questions for me about this entire thread of law.

    In one sense this appears to be nothing better than laundering in this case by a governmental entity. Although the government presumably wasn't aware at the time it is certainly not a triumph of individual over governmental rights. Yes I know you were compensated but not nearly enough.

    I wonder if one's exotic car was stolen, sent overseas (in either direction),
    obtained a valid title and then was sold "in good faith" would the result be the same?

    Bob S.
     

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