Unknowingly bought an "EU stolen" car with German papers

[Sesh 3]

Hello,

I am in a very strange situation and hoping someone could provide some useful suggestion.

I bought a 2020 German registered car in May this year from a dealer in Germany who was selling it for a private seller (im auftrag) also in Germany and therefore considered a private sale. Never met the actual owner. The car was originally from Belgium. The price of the car was in the price range of other cars of the same model and year. Few days after registration police show up at my door and say the car is in Fahndungslist. Even the Zulassungstelle had no clue about this, as I had asked during registration,if there was anything I should consider since this was the first time I bought as a private sale. Gave all the details about the buying process to the police. With a lawyer, got the documents from Public prosecutor regarding the case and turns out it’s a stolen car in Belgium, registered later in Italy and then to the previous owner in Germany. Later it was sold to me. The car was impounded by the police early this year and informed to the Belgian authorities. Since the actual owner in Belgium did not react in a timely fashion, the German public prosecutor  passed an order to return back the car to the previous owner from whom I bought, but the car is still on the Fahndungslist. Implications being if controlled at any EU border with VIN check, they can impound the car immediately, insurance providers can deny me payments in case of any claims or if the Belgian owner comes with court order any time I will have to give back the car.

Other thing which the seller has made is to put a sentence in the sale contract about third party having rights on the car. This sentence was added on the template downloaded from internet. Unfortunately I did not read the first few lines, trusting the seller had taken the template straight from the internet. Was only made aware of it when my lawyer read the fine print of the contract in detail. I know its my mistake but even my lawyer agrees that such thing is not done normally and no one usually reads the fine print if the template is from a reputed site.

My lawyer says, since it’s a stolen car as per German law I cannot have the ownership and therefore cannot sell it any point which I agree. I am in the process of contacting the seller through the lawyer for outside court settlement for case of cheating as they did not inform me about the stolen car story when they sold it to me. To take back the car and give back the money.

My questions for suggestions are

1.       If they do not agree for outside court settlement and I have to go to court (which will cost quite a lot) and the judge rules in their favor stating that Belgian owner did not come back, what options do I have?

2.       If I contact any Belgian lawyer and be successful (very small chance) in removing the car from the Fahndungslist, can I then claim to be the owner and drive the car as well as sell it at a later date without any implications of committing a fraud?

3.       Any one who had similar experiences, could you please shed light how you resolved your situation?

Sorry for the long post. Hoping for some support in this situation I have got myself into.

 

Sesh

[fraufruit 37,512]

That's a pretty rotten situation. Can your lawyer not answer your questions?

[Sesh 3]

He mentions even if it is off the Fahndungslist, i cannot be the owner. But in one of the TT post, someone mentioned that once off the list, the person became the owner.

So asking for opinions or suggestions who might know the law or had been in similar experiences

 

[karin_brenig 469]

well - there is an article from ADAC about a similar case here:

https://www.adac.de/news/bgh-urteil-gestohlenes-auto/

 

The car is not yours - whether it is on the list or not - you have to give it back to the rightful owner (or the police).

 

Whether or not you get your money back from the person who sold it to you depends on when the vehicle was put onto that  Fahndungsliste.

If it was on that list on the day that you bought it, you'll get your money back (still have to go to court, of course).

If the car was put on that list after you bought it, you're SOL.

[Sesh 3]

Thanks for the link. The car was already in the Fahndungslist. Dont know if it is the same as SIS. They had also impounded the car from the seller and only when the original Belgium owner did not react, it was given back. But according to the lawyer, the seller was still not the owner and could not transfer it to me.

He says that the Kaufvertrag is valid but the übergabe not. So we could ask to cancel the contract on this basis.