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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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i signed an automobile lease for a new car in Florida last

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i signed an automobile lease for a new car in Florida last night and took car home (15 miles round trip). Upon looking at car this morning I found some cosmetic issues and damage. I drove the car only home and back. This morning took back to dealer and they acknowledged the damage was previuos but refused to take car back said there is no contract time on a lease even though I came back within 12 hrs and they will repair damage under warranty. No disclosure of cosmetic damage was given to me. Am I stuck with the lease or is there a legal time frame to return.
Welcome and thank you for your question!

I am sorry to learn of your experience. Do you have a copy of the lease in front of you right now?
Customer: replied 4 years ago.


yes

Thank you. Does that written lease give you a window to return the car?
Customer: replied 4 years ago.


Limited Right to Cancel section By signing below sets all of the agreements of Lessor and You for the lease of the vehicle. "Limited Right To Cancel" will apply. The limited right to cancel this lease will end when holder purchases this lease or within 45 daysa, whichever occurs first.There is no other agreement. An

Thank you. Can you please provide the full language in that paragraph about the limited right to cancel? Context is important.
Customer: replied 4 years ago.


Limited Right To Cancel


By signing below sets all of the agreements of Lessor and You for the Lease of the Vehicle. "Limited Right To Cancel will apply. The limited right to cancel this lease will end when holder purchases this lease or within 45 days, whichever occurs first.


 


then the signature block fpor both signatures

Thank you. What do they define the limited right to cancel as?
Customer: replied 4 years ago.


"You understand that Lessor is delivering the Vehicle to You on the date this lease is signed even though the Holder mat still need to verify Your credit and purchase this lease. You agree that Holder has the number of dyas stated on the front of this lease to pay Lessor for it. If Holder will not accept contract this contract on terms acceptable to the Lessor within the number of days stated on the front of this lease, either you or leaseor may cancel this lease.


 


Lessor will notify You if Lessor elects to cancel the lease under this section. Upon receipt of this notice, You must immediately retrun Vehicle To Lessor in the same condition as You leased it except for reasonable wear and tear. ... goes on about the condition.


 


The terms of this lease are in full force while the Vehicle is in Your possession.


 


Nothing in this section gives You ther right to cancel this lease for reasons Unrelated to Lessor's sale of this lease. The terms of this liumited right to cancel will survive cancellation of this issue.

Thank you for providing that additional context and your continued patience. That clause addresses their right to cancel the lease -- not your right to cancel the lease.

So, from the facts you've described, the lease does not give you a right to cancel.

You may also be surprised to learn that there is no state or federal law which gives you the right to cancel the lease. You may be thinking of a three-day right to cancel, however, that only pertains to door-to-door sales. You can learn more about that cooling off rule here: http://www.consumer.ftc.gov/articles/0176-protections-home-purchases-cooling-rule It does not apply to car sales/leases.

Thus, to answer your question, you are stuck with the lease. There is no independent law which gives you the right to return the car.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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