6 Feb 2022 4 658

We bought a car without knowing that it was pledged - what car owners say

Vyacheslav Volodin, who is the speaker of the State Duma of the Russian Federation, proposed to amend the current legislation to more successfully combat fraud related to sales cars. One of the current schemes was mentioned, when the buyer buys a car, not suspecting that it is pledged. And the unscrupulous seller keeps silent about this. As soon as the former owner of the vehicle stops paying the debt, the car can be taken away by court order. To prevent this from happening, the buyer needs to check with a lawyer whether the car is listed in the pledge register or not. In the latter case, the buyer will be considered bona fide by the court. If the car is on the list, and the new owner did not check this, although he had such an opportunity, the vehicle will be confiscated from him.

To exclude such situations, the speaker says, it is necessary to raise the interaction between the Federal Notary Chamber and the State Traffic Inspectorate to a more effective level. This will require changes to the laws. Here are real cases of such fraud:

I had a similar situation. I bought a car from the third owner for 450 thousand rubles. Auto did not check. A year later, the bailiffs came and said: the car belongs to the bank. The first owner stopped paying the loan and the court decided to transfer the car to the financial institution that issued the loan. I had to pay the remaining 200 thousand. Then it turned out that the second owner of the car did not know about the encumbrance at all. So I only welcome changes in laws.

Sergey Severov said

Fraud is not only private traders, but the dealerships themselves! They can borrow from some bank against the security of the cars they sell. And if someone bought one, and the salon did not transfer the payment on time, you will receive a lawsuit demanding that the vehicle be returned to a financial institution.

– added Alexander Kolokoltsev

It happens even worse. I took a loan of 500 thousand rubles. in a bank for the purchase of a car that was already pledged, which, of course, she did not know about. That is, it turned out that the car was laid 2 times. The traffic police calmly registered the vehicle. When everything surfaced, and I asked the bank why it happened? I was told that if they “check everyone, we won’t be able to issue loans to anyone.” But the agreement with the bank clearly states: the car cannot be pledged twice. And who is to blame now?

- Ninel Sokolova is indignant.

There is another problem here: the Ministry of Internal Affairs does not open criminal cases in such cases. It is believed that all this is within the framework of civil law relations. And you need to confirm the fact of fraud. Then an unscrupulous seller or car dealership will be liable in accordance with the Criminal Code of the Russian Federation.

- concludes Armen D.