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Subject:
Can I cancel a new car lease and get my $419 deposit back
Category: Business and Money Asked by: david4321-ga List Price: $10.00 |
Posted:
20 Aug 2006 10:02 PDT
Expires: 19 Sep 2006 10:02 PDT Question ID: 757865 |
I went to a new car dealership and signed all the papers to lease a new Lexus and I was then told that the head rests needed to be changed, and I would have to wait to pick up the car the next day, but they asked me to pay for the 1st month of the lease which I did. Now the next day, they said that they are short of mechanics and I may not be able to get the car until tomorrow. Can I cancel this agreement and get my $419.00 back? Or what? |
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There is no answer at this time. |
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Subject:
Re: Can I cancel a new car lease and get my $419 deposit back
From: markvmd-ga on 20 Aug 2006 10:23 PDT |
Probably not. Tell the Researchers what state you are in and they may be able to answer. |
Subject:
Re: Can I cancel a new car lease and get my $419 deposit back
From: research_help-ga on 21 Aug 2006 11:23 PDT |
If there was fraud or a major loss from their actions, you may have a case. But I think a judge would probably laugh at you if you are trying to recoup damages because you were delayed by a day in picking up your new car. If this delay has forced you to rent a car in the meantime, then you should contact the dealer's manager and tell them that you expect them to pay for the rental costs due to their delay. I think your maximum loss from this 1 day delay is probably around $60, not enough to get you out of a contract. |
Subject:
Re: Can I cancel a new car lease and get my $419 deposit back
From: rainydayman-ga on 23 Aug 2006 17:09 PDT |
If the dealer has not "delivered" the car to you because of defects in the car, you quite likely are able to void the contract as not fulfilled. The lease contract is essentially an offer by you to pay money for use of the car. If you've NEVER had use of the car, there has been no fulfillment. This argument is far weaker if you have taken possession of the car for even 5 minutes, but if you haven't no lender in the country is going to accept the contract from the dealer. If this argument fits your facts, skip the dealer, call the lender and explain the situation to them. Tell them that you have rescinded the contract, that it is null and void and that you'll not be making any payments on it. Do so very politely, though, so they can carry your water for you at the dealership. You should also make the same argument to the most senior manager you can reach, at least Sales Manager, better, General Manager. But, again, this is dependent upon the fact that you never took possession. |
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