Legal Question in Business Law in Washington

Automobile Lease contract invalidation

I just leased a new BMW from the local BMW dealer. I signed a contract, gave them a check, which they have cashed, took delivery of the vehicle.

Several days pass, they call me and tell me that the residual value they put in the lease contract was incorrect. That it was calcuated for a lease contract of 10,000 miles a year (instead of the 12,000 miles a year I negotated for and which the contract states).

They tell me the current contract is ''invalid'' and that I must come in and sign an updated contract. I can choose to either pay more per month or to agree to 10,000 miles per year instead of 12,000 miles a year.

My question. Is the agreement invalid? What are my choices? Can I keep the car with the current agreement or must I either turn the car back in or agree to some new terms?

thank you.


Asked on 5/29/03, 4:07 pm

3 Answers from Attorneys
Tom Turnbull tomturnbull.com

Re: Automobile Lease contract invalidation

An attorney wuold have to review the contract before giving an opinion. However, in general, a mistake by the party drafting the contract is his problem. Tell them a deal is a deal.

Read more
Answered on 5/29/03, 5:50 pm
Tom Turnbull tomturnbull.com

Re: Automobile Lease contract invalidation

An attorney would have to review the contract before giving an opinion. However, in general, a mistake by the party drafting the contract is his problem. Tell them a deal is a deal.

Read more
Answered on 5/29/03, 5:50 pm
Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Automobile Lease contract invalidation

The answer pervious answer is correct, a deal IS a deal, especially when both parties went into the contract with open eyes and at arms length. But my major concern would be whether the contract states 12,000 miles throughout the entire lease. In my experience, these automobile leases usually contain restatements of the mileage allowed to ensure the dealers don�t mess it up, since higher mileage theoretically lowers the value of the vehicle at the end of the lease.

If the 12K miles is repeated over and over again in the lease and 10K isn�t even mentioned, the dealer should eat the difference and you should stand firm. If that answer isn�t good enough for the dealer then contact the State Attorney General�s Consumer Division to file a complaint and then hire an attorney.

Read more
Answered on 5/29/03, 6:54 pm


Related Questions & Answers

More Business Law questions and answers in Washington