Who gets a leased car if the leasing company goes bankrupt?

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  • BenutzernameMoneyland User Questions
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  • Registriert seit1/27/17
  • Beiträge2142

A funny thought occured to me this morning. What would happen to my leased car if the leasing company went bust?

 
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  • BenutzernameMoneyguru von moneyland.ch
  • OrtSchweiz
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  • Registriert seit8/4/15
  • Beiträge4016

Hi there,

Whether your leased car remains in your possession or that of the lessor depends on your specific lease agreement.

If your lease agreement is a genuine lease agreement (German: Gebrauchsüberlassungsvertrag), the lessor has the right to terminate the contract and reclaim the vehicle in the event of bankruptcy. Car lease agreements generally fall under this category.

Some leases may qualify as transfer of ownership agreements (German: Veräusserungsvertrag). If the lessor in this type of agreement goes bankrupt, ownership may remain with you unless your lease agreement states otherwise.

A less common arrangement is the "sale-and-lease-back" clause. This clause stipulates that the lessor can buy the leased property back from the lessee but continue to lease the property to the lessee.

Best regards from Moneyguru

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