Leased Vehicle

[Lou7]

I leased a vehicle on sept 2, 2000. When I was signing the contract, I saw a residual amount that wasn't par to what the salesman had told me. I told the finance individual to correct the amount because I wasn't satisfied with it. He crossed out the amount and wrote a different amount and had me signed next to it, also he signed too. On saturday december 23rd 2000, I received a call from the dealer asking me to sign a new contract because the bank won't accept the contract with that correction in it, I told them that I wasn't satisfied with the amounts on the contract and that I wasn't going to sign a new one. The dealer said to either sign a new contract or return the vehicle, I said that I wanted to return the vehicle. They asked me when I was going to bring the car to them and I told them monday september 25 2000. I went to the dealer and spoke to the person I had the conversation on saturday then someone else joined the conversation. This being probably the director of finance in the car dealer, he came back with an option to pay the difference in the amounts that were in the original contract to the bank and that I keep the car. I told him that I wanted to return the vehicle, he said that it wasn't possible. I said that in the first place that's what I was there for according to the other employee. Could I get to return this vehicle legaly or do I have to retain the vehicle according to the explained above. Also can I sue the dealership...thanks, In need for help

 

[Tracey]

You agreed to lease the car under certain terms. Your refusal to execute a new contract with those same terms could be construed as bad faith. However, the dealer gave you a choice: sign a new contract or terminate the contract by returning the car. You chose to return the car & were doing so when the dealer tried to withdraw the offer.

The question is whether the dealer can withdraw the offer to terminate the contract when you have already acccepted it by returning the car. This could go either way. On the one hand, if the dealer pays the difference & you only get charged the amounts you agreed to, you haven't been damaged at all & have no cause to complain. OTOH, you two had mutually agreed to rescind the contract, you had complied with the dealer's rescission terms, & the dealer then tried to prevent your rescission. In this case, the contract was rescinded _before_ the dealer offered to pick up the difference. There is no lease & the dealer has to accept the car & refund all your money. A subissue is whether the person who told you to sign the new contract or return the car had the authority to give you those options.

I think you have an obligation to sign the new contract if it has the same terms as the one the bank rejected. However, you could try to renegotiate. I doubt you can get out of the contract entirely. If you want to try, go back to the dealer today & inform them that you accepted their offer of rescission & they must take the car back & refund your money. Do not leave with the car. If you simply refuse to sign anything & leave the car there, eventually the dealer will have to try to resell it or to make the bank accept the altered contract.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[lou7]

Thank you for the advise: The other question was: Can I sue the car dealer for this? thanks.........

 

[lou7]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lou7:
Thank you for the advise: The other question was: Can I sue the car dealer for this? thanks.........<HR></BLOCKQUOTE>