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Re: Discrepency in a lease contract
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Posted by Herb Hirsch [Email] (#114) [Profile/Gallery] (more from Herb Hirsch) on Thu, 6 Mar 2008 11:50:14 Share Post by Email
In Reply to: Discrepency in a lease contract, Ron, Thu, 6 Mar 2008 09:46:05
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First, don't be in a rush to sign or agree to any changes.

It sounds like parties to the contract (you and the dealer) have agreed to something at arms length and signed a contract.

On the surface it appears that you have two choices, which will not be to the dealer's liking.

1. Offer to return the car and get a refund of all monies you have already paid. In return the dealer releases you from the contract, and holds you harmless.

2. Enjoy the benefits of the contract as it is written and agreed to.

CONCLUSION: If you entered into the contract as it is currently written and were told that the annual allowance would be 15K miles, then stick to your position and enjoy the contract terms with no changes; do not offer or agree to anything. You are not obligated just because the dealer entered into an agreement they now regret.

On the other hand......if you were offered a lease contract with an annual allowance of 12K miles and the dealer erred in preparation of the contract, then you are not legally (or ethically) entitled to any benefit arising from the dealer's error. As an example, if your bank credits your account with an extra $100K in error, legally, you will not get to keep it, even if your trip to Atlantic City was a bust.

A FINAL THOUGHT: Approach this as an ethical problem, not a legal problem. What did you and the dealer discuss and agree to before the contract was signed. Did the dealer make an honest mistake in preparing the contract, or has he soured on a contract he offered and consummated in good faith.
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