Obtain a purchased and paid for vehicle from a car company that does not cooperate?

Questioner

As a car dealer in Belgium, I bought a car from a car dealer in the Netherlands. On 11/10/2023. Invoice was sent by email and paid immediately. The seller confirmed the payment and drew up the export documents in my name. When I wanted to pick up the car 1 week later, it turned out that this seller had to go abroad urgently due to a death. It took a few weeks before the person was available again. But when he was back in the Netherlands, he informed me that his company was locked up by the police. The vehicles and accounts are not accessible to him. The seller told me that he ran this business together with another person but this other person got into debt which caused the company to get into trouble. He is working with the notary to put everything in his name and to settle any debts. Of course, this did not help me and he had promised me to refund the full amount by 31/12/2023. Unfortunately, this did not happen and in the meantime I have great difficulty in getting in touch with him. What can I do about this? In my opinion, there is also a vehicle that has been demonstrably paid for by me on the account of the seller's company. Can I claim this vehicle from the police or obtain it in another way?

Lawyer

In this situation, there are a number of steps you may consider taking. First, you could send a certified letter to the seller formally requesting that he deliver the car or refund the amount paid within a reasonable time (e.g. two weeks). In this letter, you could state that if the seller does not comply with your request, you will take further legal action to enforce your rights. This will establish a written burden of proof. If the seller still does not comply, you may wish to take legal action. This may involve taking civil action against the seller to demand delivery of the car or the return of the money paid. It is important to note that there are costs involved and it can be a time-consuming process. If the seller’s goods and accounts have actually been blocked by the police, this can be a complicating factor. You normally won’t have access to them. However, if you can prove that the car in question is yours (after all, you have paid and there is a purchase agreement), it may be possible to obtain a court order to collect the car. Because this is a complex situation and many interests are at stake, it may be advisable to engage a specialized lawyer. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

Dear, Thank you for your answer. Where can I go to get a court order to collect the car? I can indeed perfectly demonstrate that the car was purchased by my company and paid into the seller's company account. Thank you in advance!