BGH ruling on bona fide acquisition when buying a used car

According to established BGH case law, the presentation of the registration certificate part II is one of the minimum requirements for the acquisition of a used car in good faith. In the event that the original owner does not recognize good faith, the purchaser has a secondary burden of proof. He must provide plausible evidence that he has checked the registration certificate part II. The purchaser must therefore only prove the acquisition requirements within the meaning of §929 BGB, but not the good faith. The proof that this information is not correct and thatthere is no good faith must be provided by the original owner.

929 BGB: Agreement and handover

“¹In order to transfer ownership of a movable item, the owner must hand over the item to the purchaser and both parties must agree that ownership is to be transferred.

²If the purchaser is in possession of the item, agreement on the transfer of ownership is sufficient.”

Registration certificate part II

The registration certificate part II, or colloquially the vehicle registration document, is an important part of the proof of ownership of a vehicle. However, a lack of good faith cannot be proven by the failure to hand over the certificate. In principle, it is not unusual for the vehicle registration certificate to be withheld. Here, the plaintiff refers to its purchase contract, in which the procedure was expressly agreed to ensure that the “confirmation of receipt” is sent by the plaintiff. The entry certificate serves as proof of VAT exemption for intra-Community deliveries. If a forged certificate is submitted, which appears deceptively genuine, the plaintiff has no further obligation to investigate.