Leasing a new car

[jrwill228]

What is the name of your state (only U.S. law)? Virginia

Recently leased a car which was supposed to be "brought down" from another local dealer.

Received a call from the dealer the next day stating that the car they were supposed to provide (on the delivery day) ended up being a "demo", had over 2000 miles and was being driven by a salesman at another dealership. My contract has a mileage limit on it and no where says that the miles already on the vehicle will be credited to my miles allotment regardless of what the salesman says.

I had seen this car when we were looking around for a new car. It was pretty trashed and someone had been smoking in it. The paperwork I signed for this vehicle said it had 35 miles on it and it was in new condition.

I told the dealer in no uncertain terms that this was not acceptable and no vehicle in similar condition and not brand new, would be acceptable.

So I guess my question is, since I will not take deliver of this vehicle and since the dealer cannot in fact make delivery of this vehicle in the condition it was represented as, is this lease void?

Thanks for any info.

 

[justalayman]

Unless the contract lists a specific vehicle, as long as the dealer provides a vehicle as described, or better, the lease is not invalidated by your situstion. If the lease lists that specific vehicle and it does not conform to the specifics as listed in the contract and as such making it "not as described", the lease in whole would fail...unless there is a clause allowing the dealer to substitute the listed/described vehicle with something else.