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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12928
Experience:  B.A.; M.B.A.; J.D.
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I leased a Jaguar in southern California. We negotiated terms

Resolved Question:

I leased a Jaguar in southern California. We negotiated terms and a payment for an excess wear and tear program. Contracts were signed and I drove off the lot. Ten days after driving off the lot the dealership calls me and says they can't fund the loan because the lender won't take a 3rd party wear and tear program and the dealership "forgot." They want me to sign a new contract without the wear tear. Am I at risk here?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.
Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

At risk for what?
Customer: replied 1 year ago.


Is my contract valid or not? Does a lease have to funded to be valid or is it the dealerships problem?

Expert:  Dwayne B. replied 1 year ago.
Let me opt out of this one. I'll try to send it to a CA expert.
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


I leased a Jaguar in southern California. We negotiated terms and a payment for an excess wear and tear program. Contracts were signed and I drove off the lot. Ten days after driving off the lot the dealership calls me and says they can't fund the loan because the lender won't take a 3rd party wear and tear program and the dealership "forgot." They want me to sign a new contract without the wear tear. Am I at risk here?



Response:
Unfortunately, you are at risk. The lease has to be funded in order to be valid. If there is no financing for you current lease, then you need to sign a new lease as the dealership is requesting or you can refuse to sign it and return the car to the dealership. Your lease is contingent upon approval of financing. If there is no approval, the lease is no longer valid.

I am sorry that I do not have better news for you.

Customer: replied 1 year ago.


So jaguar financial wont finance the lease with the 3rd party wear and tear. They are asking me to sign without it so it can fund. I have no recourse here?


 


Even though I asked the employee for wear and tear programs and they pulled the different ones out, pitched them, and I purchased one. I have signed contracts for both 3rd party wear and tear and the lease.

Expert:  Phillips Esq. replied 1 year ago.


So jaguar financial wont finance the lease with the 3rd party wear and tear. They are asking me to sign without it so it can fund. I have no recourse here?

Even though I asked the employee for wear and tear programs and they pulled the different ones out, pitched them, and I purchased one. I have signed contracts for both 3rd party wear and tear and the lease.



Response: You do have a recourse. You do not have to sign the new contract. However, as I stated previously, if you do not and refuse to return the car, the dealership would try to repossess the vehicle. You may then sue the dealership for wrongful repossession and material misrepresentation with regard to the transaction.


You may retain the services of a local consumer Attorney to assist you with the case. Most consumer Attorneys would handle this kind of case on contingent fee basis. This means that the consumer Attorney that you hire is most likely not going to charge you upfront fee and would only get paid if you prevail. Even then, the fee does not have to come out of your pocket as most courts would award Attorney fees to the prevailing consumer. You can use the following sites to find local consumer Attorneys:


http://ww.naca.net


http://www.lawyers.com


http://www.justia.com

Expert:  Phillips Esq. replied 1 year ago.

May I ask why you gave me a negative rating for specifically answering the questions that you asked? Kindly note that I do not make the law. I can only provide you information based on current state of the law. I have ethical and professional obligation to give you accurate information eventhough that information may not be what you want to hear. Nevertheless, I am here to provide any further clarification that you may need.

Customer: replied 1 year ago.
Accidently hit wrong button. I will fix if I can
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the clarification.



Kindly give a positive rating to this answer. This positive rating would remove your previous negative rating.

 

Thank you for your cooperation.

 

 

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12928
Experience: B.A.; M.B.A.; J.D.
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