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Maserati Stolen. Need Legal Help!

Discussion in 'Europe' started by Ghibli Cup #11, Aug 24, 2005.

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  1. Ghibli Cup #11

    Ghibli Cup #11 Karting

    Jun 17, 2004
    85
    Bay Area
    Full Name:
    Noah
    #1 Ghibli Cup #11, Aug 24, 2005
    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. 285ferrari

    285ferrari Two Time F1 World Champ
    Sponsor

    Sep 11, 2004
    20,958
    MD and NE
    Full Name:
    Robbie
    #2 285ferrari, Aug 24, 2005
    Not sure about overseas, but that sucks dude-I hope everything works out for you.
     
  3. TinaDK

    TinaDK F1 World Champ

    Jun 23, 2004
    11,823
    Denmark
    Full Name:
    Tina Poulsen
    #3 TinaDK, Aug 25, 2005
    Oh man, I really hope you have a case !!! Unfortunately I don't know much about those rules, so I can't be very helpfull :(
    But oh boy do I feel angry because of that dealer :(:( And I feel very very sorry for you and hope for the best outcome!!!
     
  4. trevi

    trevi F1 Rookie
    Owner

    May 19, 2003
    2,619
    Switzerland
    #4 trevi, Aug 25, 2005
    without particularly knowing the legal bankruptcy procedures in germany, i would expect that your lawyer has presented the answers to your questions for your 6000 euros fee.
    however, from my general knowledge, i would suppose that you have no case against the buyer (good faith), and also no case against the insurance company (because it's no theft). also you have no case against the city, because i assume that the liquidator in charge sold the car and not the city. why maserati germany should have any liability in case an official representative goes bankrupt is beyond my imagination.

    the one you only might have a case against is the official liquidator, if he broke the rules for the legal procedures.
    usually the liquidator advertises the bankruptcy and invites the creditors and the owners of assets to claim their rights in certain terms. if you missed these terms, it might get difficult.

     
  5. Dutchman

    Dutchman F1 Veteran
    Lifetime Rossa Owner

    Dec 4, 2002
    6,184
    EU
    Full Name:
    Ton
    #5 Dutchman, Aug 25, 2005
    In my opinion you only have a case against the bankrupt car dealer.
     
  6. Simon

    Simon Moderator
    Moderator Owner

    Aug 29, 2003
    6,876
    Switzerland
    Full Name:
    Simon
    #6 Simon, Aug 25, 2005
    Not a nice situation to be in. Isn't our GT3 driving german friend Bernd a lawyer? Seem to remember that.
     
  7. trevi

    trevi F1 Rookie
    Owner

    May 19, 2003
    2,619
    Switzerland
    #7 trevi, Aug 25, 2005
    usually not. in switzerland for example, as soon as bankruptcy is declared by court, all assets at your location (it doesn't matter if they belong to the bankrupt entity or not) are seized and you are not allowed to dispose of them anymore. as the owner of a seized asset in consigment, you then have to address a claim of ownership to the liquidator in order to get it back. if you miss the terms, the assets is will be sold by the liquidator and the proceeds are distributed amongst the creditors.

    the only fault of the dealer is not to inform the owners of consigned assets before bankruptcy is declared. if you even succeed with such a case against the dealer, what is the result? you become a creditor and have a claim against a bankrupt entity :(
     

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