So the situation - I am an international grad student, go to a top school and have a stipend/salary (and I work on campus too). I just leased a car and have had it for nearly two weeks. Contracts signed and everything.
Dealership comes back to me and says Finance won’t fund the lease or something because I’m on a student visa and not a work visa.
What are my rights here? I’ve signed forms, got a contract, plates are on the way, I’ve had the car for almost two weeks. What to do?
Looks like your dealership screwed up and financing company did not approve your lease. Not sure what you can do here but return the car. Try contacting finance company directly to see what’s going on, and the manufacturer’s customer service to complain about the dealer.
Sorry to hear about that OP. I would recommend going to a Legal & Law forum over this. Probably will get a lot more helpful info there.
They can take the car back.
The contract has not been executed because they have not received payment.
Only once they have received payment is the car actually yours.
And the car was never titled in your name since it was a lease.
give the car back, receive a refund for any monies paid, get a work visa, get another car. Hey free car for 2 weeks!! Sweet!
Well they got the down payment…
The bigger thing is that I’ve sold my old car. I have no car if I give it back.
what state?
-Anthony
I’m in the state of California
Get a good, experienced auto contract lawyer and let them handle it.
There are plenty of scams out there where the dealer claims to need to car back, post sale and refuses to refund the deposit.
Don’t walk back into the dealer without talking to a Good, Experienced, Contract Lawyer.
Read this first: http://lehtoslaw.com/dealership-steals-back-car-just-sold/
Why would he need a lawyer? Like @loberant said, the car never belonged to him. It’s a straightforward exchange - car keys for down payment check. It’s actually the dealership how’s on the hook.
It’s a contract dispute, you let the lawyers handle that.
This is a known scam in the auto business, maybe this is an innocent mistake, maybe not.
The OP is an international student who might not be aware of his rights and how to protect himself under this circumstance, so he should consult an attorney and make sure his rights are protected.
You can not get car or house with student visa. If you leave the country there is no way that they can get the car or money. it is more hassle for them. Give the key and get your money back.
i was a student once with student visa and they did not allow me to lease. Dealer may not know it but as a student you don’t have credit history and on pre-check they should have told you that.
So only think you can do is give the key and get your money. Don’t give the key until they give your money back. if they refused it then contact with lawyer. Lawyer is going to cost you money so get free advice first or talk your school’s lawyer and it should be free.
also print this when you go to there http://illinoisattorneygeneral.gov/consumers/new_vehicle.pdf
it is Illinois but could be same at Cal
"Under Illinois law, for instance, if the dealership can’t find financing at the rate in the contract, it is required to return to the purchaser any down payment or trade-in under the contract, according to the state attorney general’s Web site."
No I definitely have credit history.They checked that and my credit was 700+. Just not as much history as many others.
They said I could finance or buy but just not lease. They said a work visa was needed. Even though I have a pay stub, salary, I work on campus etc.
when your student visa ends? You should have valid visa for that period of time. if you lease the car for 36m and your visa ends in 34m then it is not going to work.
If you still want the car, get a co-signer. There will be a clause in the contract saying that the lease company can repo the car at any time for breach of contract and/or financing. So it is best to return it otherwise you will incur repo charges.
On the other hand, given the ups and downs that you have had with leasing, it is better for you to buy a used car for cash.
Probably more like “work permit”. You don’t need work visa to be able to work here, but you’d need work permit.
Look into applying for a work permit via an OPT.
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education
Yeah I would have to do that after I finish the PhD though. Not for another year at least.
Just return the car and make sure to get all of your money back. It is the finance person’s mistake. Dealer will need to take a lost on this one. Wont help you much and will cost you money if you get a lawyer (small claim at court that you can file yourself if the decline to return your money-- dealer tent to avoid small claims bc they are allowed only so much of cases against them before it becomes a big deal). Dealer can stack charges on you the more you delay returning the car.
As others mentioned, find a used car for now, until you have the right to lease car in the US.
Ps: Can’t get mad over something that you don’t even have.
If the dealer is really apologetic about it, you might be able to guilt them into giving you a great deal on the purchase of another vehicle since their mistake caused you to sell your old car.