Ok, so I leased a car about 9 days ago.
I signed the lease contract and took delivery of the car.
I got an email from the dealership yesterday asking me to sign a new lease contract.
The problem is that the new contract does not have the same terms as the initial one that I signed.
The RV on the new contract is $1700 less than the original one and the monthly payments are $64 more per month.
I leased and picked up the car out of state.
The dealership is 1800 miles away from where I live.
I already drove 2000 miles with the car (the drive back from the dealership to my home is a big part of that mileage).
What are my options at this point?
Thanks in advance for any helpful feedbacks.
Ok, so I leased a car about 9 days ago.
What’s the reason for re-sign?
The RV can’t change like this. Maybe it was dealer’s fault putting it wrongly and now they can’t get it funded by the bank ? Are you able to check the RV on Edmunds ?
I’d just tell them to unwind it and take it back if it wasn’t your fault. See if they want their “New” car with 2,000 miles on it back
Without knowing the make of the car etc, my guess is a loaner that didn’t have the proper mileage adjustment factored in?
The “official” reason for the resign is because they put the wrong mileage allotted on the contract. I checked the original and new contract and the mileage allowance are the same on both. 10k miles/year.
The car was new. It had 14 miles on it when I picked it up.
I’d tell them you have a signed contract already and unless they are going to hand you cash to make up for the inconvenience then you are not doing anything…
If they keep persisting then I’d call up the mothership.
The RV on the original contract is correct. Checked with edmunds.
Well it sounds like the mileage was right but the appropriate residual value for that mileage was wrong. What car is it? Have you checked Edmunds for the correct figures?
Well one way or another somebody is going to have to do something to get it funded or they will repo it. The question is whether or not the dealer wants that car back badly enough at this point, which is highly unlikely.
It is kind of an inconvenience (to say the least) to drive 1800 miles to give back a car.
Based on what OP is saying he lives pretty far from the dealership and already spent a good amount of money/time taking delivery of the vehicle. If the dealership doesnt compensate him for that then they can repo the vehicle, 2000 miles away and pay for it to be returned.
granted I’m not an attorney.
Tell them to eat the $1,700.00. It’s not your fault that they screwed up.
The RV for 10k miles/year was correct. Checked with edmunds.
I think this should be an open close case. Seemingly so common that a pretty well known website has an article on it…
According to friend of Jalopnik and courtroom badass Steve Lehto, who has handled a few of these cases, the buyer is in the clear and has no obligation to go back to change the contract in the dealer’s favor.
This is simple contract law and the best way to examine it is to ask what would happen if it was reversed. The only thing that would matter is that the Purchase Agreements often contain language saying, “This agreement is not binding until signed by [some variation on “a manager of this establishment”}. So long as it is signed by that person, they are good to go.
Some courts will void a contract if a party can show a legitimate mistake was made – such that it did not reflect the actual intent of the parties.
Yeah, so I just had a deal today that I did about 10 days ago on a Tundra lease.
Customer freaked out and texted me saying it had a wrong mileage on the contract.
I told him to bring the contract in and I will take a look at it
So I read his copy in my computer and saw something wrong. I went in to the Finance Office and explained the situation before he came in, and the Finance Manager who did the paperwork graciously acknowledged his mistake and fixed it when he came into the dealership.
It was pretty easy. It was not a big deal, we just had to eat couple of hundred bucks, acknowledging that mistake.
So basically my response by email should be: “Not my fault, eat the $1700”.
I wonder how that is going to work out. At least it is a straightforward email and to the point.
Tell the dealer that if they made a mistake to send their request to change the contract to you in writing. Ask them to send a copy of the contract highlighting the areas where they believe they made the mistake and a full explanation of the numbers as to how it was a mistake. Also, have them highlight the areas in the contract that give them the right to cancel such an agreement.
Chances are you will will never hear from them again. If you do receive such a request contact your local consumer protection attorney to see if you have a case. If, for some reason, you don’t have a case, you can always give the car back and walk away.
The thing is that the both contracts have the same amount of mileage allowed. 10k per year. So that is not the real issue. I have no idea why they would say that when one can simply check both contracts and see that there is no difference in mileage allowance.The only thing that changed in the new contract is the RV and monthly payments.