It’s also straight forward in the contract you signed that says if the deal doesn’t get funded then we are either obligated to take back the vehicle or figure out a solution. I’d double check that paragraph first, then listen to internet strangers’ thoughts on the matter and figure out which way you want to proceed. Some contracts have binding arbitration clauses, perhaps you could go that way with it.
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I mean not to be dismissive but there is no reason explaining that to us… Just email back exactly what you asked for… If they go through the trouble then you can find out if they have a case which they probably don’t and are trying to bull you…
Sounds good. Will I be responsible for dropping off the car to the dealership which is 1800 miles away?
Lol - Again - Why are you asking for our professional internet opinion? I think my next door neighbor should pay to return your vehicle, but what worth is that to you?
What I’m trying to say is that there’s no way that any dealer wants to take a car back with that many miles on it. So it’s in the OPs best interest to hold firm here and see what they will do.
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Here is the paragraph in the lease contract pertaining to what you mentioned:
LESSOR’S RIGHT TO CANCEL
If we are unable to assign this Lease to a financial institution within 10 business days, we have the right to cancel the Lease. You will be required to return the Vehicle to us. If the Vehicle has experienced more than normal wear and tear, you will be responsible for all costs we incur to restore the Vehicle to the same condition in which you received it. We will return to you all amounts received from you at lease closing less the amount required to restore the Vehicle’s condition.
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Email them stating, “This is not what we agreed on. I will sign the paperwork if the payment and amount due will be matched to the amount we agreed upon. You can fedex the paperwork”
End of the day, if they made the mistake, let them take the hit on it. It is not your responsibility.
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Oh and I forgot to mention that the lease contract is backdated to the 9th of April. I am thinking that this might cancel the lessor’s right to cancel within 10 business days.
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When did you pick up the car? It is normal to backdate the contract to the date of pick up for bank approval, insurance, inspection and other paperwork
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But is the residual the same on both contracts? They might have used RV for 10k miles on the original by mistake.
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Would it be the dealers fault for inputting the wrong info, or would this make the contract void? … If they did put the wrong mileage into their system
Sounds like the bank kicked the contract because of a residual error on the contract. Lol @ the dealership trying to pass a fat fingered residual error onto the customer. You don’t have to resign, and can pressure them to honor the original payment you agreed upon. If they agree, you can sign the new contract and keep the car.
If they don’t buy it down they’ll be forced to pay for shipping to get an unwind vehicle back that will be a pain to sell again. Regardless of what they tell you, you are not obligated to drive the car back. They have to arrange transportation for their error. Either way they’re going to take a loss, I’d express to the sales manager contacting you that a new contract and perfect survey is better than an unwind and a shitty survey.
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This. Use the survey as a bargaining chip if you have to as this definitely qualifies as poor experience post sale.
This is their mistake to make goodwill on, not yours.
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What lender, what vehicle, what state is the dealer in and what state are you in?
Those answers could help determine the best course of action to take.
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If this was a simple 10 mile drive, this would make it easy but it’s not.
As others are saying the dealer can:
Eat their mistake and give you a new contract with same mileage and payment.
Or they can come get the car whether they pay for shipping or have someone pick it up.
I think you have the upper hand because it’s probably less of a loss to give you the original terms and payment rather then paying for shipping to end up with an unwinded car that they really don’t want.
OP says that the original contract had a correct RV for the mileage (per Edmunds), so why would the bank not fund it?
He also says
It can’t be both ways. Dealer cannot manipulate RV, so probably the bank rejected it, like @ethanrs said
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That’s what’s got me confused.
Why is the residual changing?
Why are they saying the mileage was incorrect when it is the same on both contract?
And change in RV doesn’t make sense…
He might have misunderstood. Maybe they said something like they used wrong mileage to calculate the RV
right. My guess is they wrote 12k but used 10k residual.
As other said, tell them to lower the sale price by the mistake amount, fedex it to you, and you’ll re-sign. Otherwise, they can come get the vehicle. Make sure you tell them they can come get it, and put that in writing so you have proof.