Rejecting Delivery of New Car

[twssas]

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

Leased a new vehicle and took delivery, and upon completion of a short road trip (approx 200 miles), less than 24 hours after delivery, got a "Transmission Malfunction" warning from the cars computer. It said vehicle was safe to drive, but at reduced power and get it serviced soon.

Went immediately to dealer (less than 10 miles), noted transmission fluid covering the passenger door, rear bumper, and trunk lid. Apparently fluid was leaking from somewhere around right wheel well. (this car has a transmission cooler, and the lines are routed from the transmission to the cooler in the front of the car above the wheel well)

Anyway....dealer is still looking for source of leak......they still have the vehicle. My concern, and my question to them.....did I lose enough transmission fluid that I perhaps now have a damaged transmission......or at least a compromised transmission that may not last long term. I lease a vehicle to see if I like it....then at end of lease possibly purchase.

At the moment....I am real uncomfortable with this vehicle. Having the vehicle less than 24 hours and this problems certainly shakes my confidence.

Under the UNIFORM COMMERCIAL CODE (UCC)...do I have the right to reject delivery of this vehicle?

I would be happy if the dealer (Vehicle manufacturer in reality), would just take this one back.....on order me a new one. This is a 60K vehicle, but the really the price is academic.

Thanks

Am I on reasonable ground

[justalayman]

You already accepted delivery of the vehicle. You want to know if you can now refuse to accept it from the dealership, who never was the owner of the vehicle?

Sure you can but your lease payments will continue to be due as your contract states. The dealer is in a unique position when dealing with cars. They generally never take title to the vehicle and are only a middle man between you and the manufacturer.

Now, when a car is leased, another party comes in to play: the titled owner of the vehicle. Generally this is the manufacturers leasing and financing arm. It is still not the dealer.

So, since this is a new vehicle, you have a full warranty, you have no support that there is any damage to the transmission, and you are not technically the owner anyway; there is little (read; no) recourse for you.

since this is a lease, you have no argument that you will be purchasing it in the future. There is no requirements placed on the lessor based on the possibility you might purchase the vehicle at the end of the lease. When the lease expires, you simply return the vehicle as the lease directs.

If you like the vehicle other than that and want one like this one, you go and purchase a new one.