DEployment and Auto Lease

[okiesooner]

What is the name of your state? Colorado

I have had a problem with a vehicle I have leased. I posted on another forum about it catching fire and they dont know why but want to replace the part and told me "we'll see if it catches fire again."

Well I am upset and have called Nissan and they are suppose to send a regional to investigate, but we will see...they did askme if I was represented by an atorney on this issue, I told them not yet.

My question after doing some research to see if there was any grounds to terminate my lease because of the safety hazard. I didnt findmuch but I did find some conflicting information about a new clause in the soldiers and sailors relief act. Supposedly I am able to teminate my lease without penalty (except I would have to pay for wear and tear and over mileage) if I aquired the lease while on active duty and received deployment orders for more than 180 days.

Does anyone know more on this? If this is true then I may use this deployment to turn this car in as I am not comfortable putting my wife in kids in it again.What is the name of your state?

 

[fozzy2]

Strictly speaking. legally you are probably not entitled to the protection of the Servicemember's Civil Relief Act (SCRA) section 305 under these circumstances. However, it is possible that you may be able to terminate the lease anyway.

First of all, when you leased the auto did you sign a "waiver of benefit" with regards to the SCRA? A lot of businesses are getting wise to problems with service members and include such a document in the paperwork. If you have signed a waiver (and it meets construction requirements like 12 point font, etc.) then you are out of luck, you have given away your benefit.

If you did not sign a waiver, then: It is true that SCRA sec. 305 entitles you to terminate a lease if you get PCS orders outside the US or are deployed 180 days or more. However, the purpose of the act is to allow service members to avoid hardship when they receive orders -- not to simply give them an "out" if there are any problems with the lease. If you received your orders some time ago, and kept the car, but now want to terminate the lease because of this apparent dispute, the leasing company can claim you are acting in "bad faith."

They may or may not do that. They may just decide it is easier to take the car back. But if they do dispute your motives you may have to go to court and prove that your motive in terminating the lease was not because of the fire, but rather to avoid hardship caused by your military orders. Ordinarily, in the case of auto leases you don't have to show hardship, but if the leasing company shows the judge that you only requested termination after this issue, expect to have the burden shifted onto you.
Did you just get deployment orders? If you've already been overseas 100+ days and your wife has been driving the car you may have a harder case to make.

Go talk to your base legal. I'm not aware of any cases directly on point, a lot of this is quickly evolving law as these situations happen and go up the appeals process, your local JAG may have better info. If you do decide to terminate your lease, you must turn the vehicle over within 15 days of informing the leaser of your intentions. A copy of an approved form can be found at:

http://www.monterey.army.mil/staff/sja/la/CI/info_papers/notice_of_cancellation_of_mv_lease.pdf

 

[okiesooner]

No, I have not recieved orders yet. Just a verbal warning....but there has been nothing in writing yet.

I will recheck my lease paperwork, but I do not recall there being any waiver of benefit that I signed.

 

[revere787]

if you are really worried for your familys safety and they wont terminate the lease, I personally would file a complaint with 1. Your state attorney generals officer, 2. the better business bureau and 3 . the main company nissan, there main complaint department.
good luck!