autohaus wichert is the largest car dealership in northern germany with ca. 1.400 employees at 23 locations.
In recent years, autohaus wichert has risen to become the largest car dealer in northern germany, selling brands such as VW, audi, seat and skoda. It just filed for insolvency proceedings in self-administration. Wichert himself blames the crisis primarily on the diesel problem caused by VW, which is reflected in the drastic drop in resale values of used diesel cars. In addition, wichert sees a problem in the "service prices" set by the VW group.
The insolvency court appointed RA dr. Sven-holger undritz appointed. On the side of autohaus wichert are the two lawyers prof. Dr. Gerrit holzle and dr. Thorsten bieg joins as restructuring managing director.
There is speculation in the public media that the VW group is considering becoming an investor in the car dealership wichert.
How is the law firm rohe& beck involved?
We represent buyers who have already paid their purchase price in advance and are now waiting for the delivery of their vehicles. In between, the insolvency petition was filed.
So far, the car dealership wichert says they are checking the contracts, until further notice no car will be issued. Here it is so that in the insolvency proceedings the appointed insolvency administrator can choose whether he wants to fulfill contracts, if they are not completely fulfilled by both sides, or not. here also from the buyer’s side the purchase contract is not completely fulfilled, because he is not yet in possession of the vehicle. Usually, an insolvency administrator will use the "non-performance" select. In that case, the manager would be allowed to keep the vehicle and could, for example, sell it on. The buyer then only has the option of registering his prepaid purchase price as an insolvency claim in the insolvency table and hoping for a (small) quota at the end of the insolvency proceedings.
We criticize for our clients the knowledge of the management of the crisis and the intended insolvency application. Why does the management let the customers fall into the trap and then pull out of the affair with reference to any insolvency regulations to the detriment of the customers?? The consequence is a massive loss of confidence.
Last received on 27.02.2020 from the management of wichert the following message:
"however, we are in advanced negotiations with the group about a culance solution, about which we can represent the delivery of the vehicle ordered by your client. We expect to have a result by the end of next week and will inform your client accordingly."
So it is quite possible that already purchased cars will be released to customers in a timely manner. We would welcome such a result for our clients. Whether this is linked to further conditions or consideration of the customers, is not mentioned any further. We will keep you informed about further developments.
If you have an insolvency problem as well, please contact us. We are happy to help you.
our clients received the OK for the delivery of the cars today by phone from autohaus wichert. The deliveries are expected to take place in the next few days, as soon as the management gives the go-ahead.