Is it a crime if the buyer doesn’t deregister or re-register my car?

Disclaimer: This article does not constitute legal advice and is not a substitute for consulting with an attorney. For legal questions or uncertainties, we recommend seeking professional advice from a qualified lawyer.

Is it a crime if the buyer doesn’t deregister or re-register the car?

You’ve sold your car, but the buyer hasn’t deregistered or re-registered it as agreed in the contract? This situation isn’t just frustrating—it can have legal and financial consequences for you. Let’s explore whether this counts as a crime and what actions you can take to protect yourself.

Is it a crime?

In most cases, failing to deregister or re-register a car is not a criminal offense. However, it does violate the contractual obligations agreed upon in the signed purchase contract. Additionally, it may breach the Road Traffic Licensing Regulations (StVZO) if the car is driven without a valid registration under the buyer’s name. Here are some common scenarios:

• Still registered in your name: If the buyer commits traffic violations or is involved in an accident with the car, you may still be held liable.
• Breach of contract: A clause in the purchase agreement requiring timely registration or deregistration is violated, opening the door for civil action.

What are the consequences for the buyer?

If the buyer doesn’t deregister or re-register the vehicle, several consequences may arise:

• Fines and penalties: Continuing to use the vehicle without proper registration violates the Road Traffic Licensing Regulations (StVZO), potentially leading to fines or other legal actions.

• Liability risks: If the car is involved in an accident, the insurance may refuse to cover damages due to invalid registration. In this case, the buyer may have to cover all costs out of pocket.

• Administrative actions: The registration office may initiate a forced deregistration, which could lead to additional problems for the buyer.

• Breach of contract: Failing to meet the contractual obligation to re-register the car can result in legal actions by the seller, such as claims for damages or enforcement of the agreement.

These consequences highlight the importance of ensuring a car is properly re-registered in a timely manner. As the seller, you should be aware of your rights and options to act quickly.

What can you do as the seller?

Here are the most important steps you can take to protect yourself in this situation:

1. Contact the buyer: Try reaching out to the buyer first and politely remind them of their contractual obligation to re-register the car. Sometimes delays are due to simple misunderstandings or logistical issues.

2. Set a deadline: Provide the buyer with a written deadline to complete the re-registration. Clearly state that failure to comply will result in further actions.

3. Request a forced deregistration: If the buyer doesn’t respond or ignores the deadline, you can request a forced deregistration from the registration office. You’ll need:

• A copy of the signed purchase agreement
• Proof of payment (if available)
• Your identification documents
• The buyer’s details (name, address)

4. Exclude liability: Notify the registration office that you are no longer the vehicle owner and submit a copy of the purchase agreement as evidence. This step helps ensure you’re not held liable for taxes, insurance, or traffic violations.

5. Take legal action: If all else fails, you can take legal action against the buyer. A lawyer can assist you in enforcing the contract or claiming damages.

Conclusion

While failing to deregister or re-register a car isn’t typically a crime, it can lead to serious consequences for both parties. Acting promptly to inform the registration office and, if necessary, pursuing legal remedies can help protect you from unnecessary costs and liabilities. As always, remember this golden rule: Never hand over a car without deregistering it first.